Can caregiver standard be explained to me ?

#1Raiderfan420

Well-Known Member
Easy. Check out your laws...
That is a shitty answer. The laws are so grey that you can never get a definative answer. Every county has guidlines however. For example my county the care giver designation is the most difficult. However a collective grow can have up to three patients. Every patient has to contribute in some manner. Here is a link that might be helpful, just look up your county. http://www.safeaccessnow.net/countyguidelines.htm
 

#1Raiderfan420

Well-Known Member
Here is the law on primary care givers in ca:
B.​
Primary Caregiver: A primary caregiver is a person who is designated by a
qualified patient and “has consistently assumed responsibility for the housing, health, or
safety” of the patient. (§ 11362.5(e).) California courts have emphasized the consistency
element of the patient-caregiver relationship. Although a “primary caregiver who
consistently grows and supplies . . . medicinal marijuana for a section 11362.5 patient is
serving a health need of the patient,” someone who merely maintains a source of
marijuana does not automatically become the party “who has consistently assumed
responsibility for the housing, health, or safety” of that purchaser. (
People ex rel. Lungren
v. Peron
(1997) 59 Cal.App.4th 1383, 1390, 1400.) A person may serve as primary
caregiver to “more than one” patient, provided that the patients and caregiver all reside in
the same city or county. (§ 11362.7(d)(2).) Primary caregivers also may receive certain
compensation for their services. (§ 11362.765(c) [“A primary caregiver who receives
compensation for actual expenses, including reasonable compensation incurred for
services provided . . . to enable [a patient] to use marijuana under this article, or for
payment for out-of-pocket expenses incurred in providing those services, or both, . . . shall
not, on the sole basis of that fact, be subject to prosecution” for possessing or transporting

marijuana].)
 

ganjammin

Member
I do understand this, however, the legalities and legal writing can and is very confusing. Can anyone re-word this with examples of a relative situation or a clear cut everyday example so we can get a visual picture? How about some serious reputation for that haha!
 

BrockSampson

Active Member
I do understand this, however, the legalities and legal writing can and is very confusing. Can anyone re-word this with examples of a relative situation or a clear cut everyday example so we can get a visual picture? How about some serious reputation for that haha!
so heres my understanding
everyone thinks a caregiver card means you can grow the persons medicine for them, kick them down whatever you agree on and then sell the rest of the medicine.
WRONG
in order to be a caregiver you have to be assuming responsibility for the majority of the patients day to day affairs,
making sure they get to appointments, that they are eating and bathing, cleaning themselves and otherwise
providing the patient with the quality of life they would have if they were not infirm
if a person or "caregiver" is already doing all of these things and more, then they would have a viable defense if they
were to get in trouble while cultivating for the patient.
if the person is only growing for the person then theyre not so much a caregiver then a consignment pot farmer.
 

ColoradoMed

Active Member
so heres my understanding
everyone thinks a caregiver card means you can grow the persons medicine for them, kick them down whatever you agree on and then sell the rest of the medicine.
WRONG
in order to be a caregiver you have to be assuming responsibility for the majority of the patients day to day affairs,
making sure they get to appointments, that they are eating and bathing, cleaning themselves and otherwise
providing the patient with the quality of life they would have if they were not infirm
if a person or "caregiver" is already doing all of these things and more, then they would have a viable defense if they
were to get in trouble while cultivating for the patient.
if the person is only growing for the person then theyre not so much a caregiver then a consignment pot farmer.
Colorado will have this same definition soon (I'm sure).
HB1284 was just passed here and now the Colorado Dept. of Health has the right to define 'Caregiver"
Colorado Dept of Health has wanted to define 'Caregiver' and tried to a year ago but the caregivers and patients stopped them.
Now they can, and expect we will have the same definition.
ColoradoMed
 

quietguy420

Well-Known Member
Calm down and understand what it means.
. Although a “primary caregiver who
consistently grows and supplies . . . medicinal marijuana for a section 11362.5 patient is
serving a health need of the patient,”
someone who merely maintains a source of
marijuana does not automatically become the party “who has consistently assumed
responsibility for the housing, health, or safety” of that purchaser.


A primary caregiver is a person who is designated by a
qualified patient and “has consistently assumed responsibility for the housing, health, or
safety” of the patient. (§ 11362.5(e).


Health aspect, your providing them medicine they would otherwise not have access to, and at a more affordable price.
Safety, your patient no longer has to deal with shady individuals on street corners or risk their confidentiality by going to dispensaries that may be operating illegally.

someone who merely maintains a source of
marijuana does not automatically become the party “who has consistently assumed
responsibility for the housing, health, or safety” of that purchaser.


So if you are just buying cheap cannabis and taking on patients to make a profit of the product you didnt produce but are just sitting on to sell "like dispensaries that don't grow any of their own medicine do" its actually getting rid of the greedy people only looking to buy cheap and sell hi, they have no protections and the courts may not consider them a legitimate "caregiver" for the patients they take on and sell to.

Take a toke, relax and read
Primary Caregiver: A primary caregiver is a person who is designated by a
qualified patient and “has consistently assumed responsibility for the housing, health, or
safety” of the patient. (§ 11362.5(e).) California courts have emphasized the consistency
element of the patient-caregiver relationship. Although a “primary caregiver who
consistently grows and supplies . . . medicinal marijuana for a section 11362.5 patient is
serving a health need of the patient,” someone who merely maintains a source of
marijuana does not automatically become the party “who has consistently assumed
responsibility for the housing, health, or safety” of that purchaser. (
People ex rel. Lungren
v. Peron
(1997) 59 Cal.App.4th 1383, 1390, 1400.) A person may serve as primary
caregiver to “more than one” patient, provided that the patients and caregiver all reside in
the same city or county. (§ 11362.7(d)(2).) Primary caregivers also may receive certain
compensation for their services. (§ 11362.765(c) [“A primary caregiver who receives
compensation for actual expenses, including reasonable compensation incurred for
services provided . . . to enable [a patient] to use marijuana under this article, or for
payment for out-of-pocket expenses incurred in providing those services, or both, . . . shall
not, on the sole basis of that fact, be subject to prosecution” for possessing or transporting


more slowly.
 

HUSTLERBOY20

Well-Known Member
I just want to be able to grow some good shit for people who truely need it...why does shit have to be so hard...I mean fuck cocaine was used in dentistry for F*** sak
 

ChemoBoy

Active Member
I just want to be able to grow some good shit for people who truely need it...why does shit have to be so hard...I mean fuck cocaine was used in dentistry for F*** sak
it gets worse. Docs can prescribe cocaine and heroin, but not pot. According to the federal gobbermentals, pot is more dangerous than cocaine. But it's political suicide to support legalization nationally, because this country spends about 2.5 BILLION dollars per year on the 'drug war' that would be freed up if pot were legalized. Sounds good, right? But most of that money is JOBS for cops. And what politician has the balls to send cops a pink slip? I thought it might be Clinton -- NOT. Obama? No hope or change there. If we get a right-winger in that office we're well and truly fucked.

It's a beautiful lesson on how life isn't fair. But look at it this way. We are on the leading (sometimes bleeding) edge of THE civil rights issue of our generation. And our kids will make the change if we don't. It's only a matter of time. Remember that the founding fathers Washington and Jefferson clearly raised and used pot. John Adams said that without it our economy would fail. well DUH!
 

HUSTLERBOY20

Well-Known Member
Its all William Hurst's fault him being scared about being snuffed...ha ha

Well there are strung out coke and heroine addicts..the only strung out addicts I see using weed are those that sit on Venice beach dangling pipes from a string asking for some ganja ha ha..not much strung out-ness there. I think people are scared cause there so used to having been told weed is bad even though you can use it for F***in everything I mean shit you can make a frisby from it, houses from it, smoke it to relieve pain or what ever problem you have..dont see why some cops job has to be sacrificed though. Move him over to the COKE, METH, HEROINE, AND CHILD RAPISTS...there Bam!! he has a job now...problem solved...maybe I should be a mayor or president ha ha...I love it !!
 
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