Going to see Dr. Sulak on 26th - Thoughts on My Eligibility?

tet1953

Well-Known Member
You do not need to go to the state for yourself. They have a new cert form for docs, and as a patient that is all that is required. I believe that there is no longer a "non-growing" caregiver, so your wife would be your growing caregiver I believe. Not sure how it works to be honest, when you and non-patient caregiver are in the same house. I'm sure Maine Brookies can weigh in on it. :)
 

cerberus

Well-Known Member
300$'s. tet is right you don't need to pay that, and just get the paperwork from the DR BUT if you want the card, then you have to pay the state 300$. your wife can go through the hassle of the card (and i think it will be like 100 [registration fee+background]) but she could just have a form signed and filled out by you that she keeps with her. having your same name, and residing at the same location makes her a legal caregiver. (i believe, your kinda in a weird spot)

but in theory you could not pay anything more than your primary DR's visit..
 

mdanforth

Well-Known Member
there is still a non-growing caregiver option and that does not cost any $$$$....so you can spend a hunert dollars and get your patient card and your wife can get a nongrowing card for 31 bucks.....
 

tet1953

Well-Known Member
there is still a non-growing caregiver option and that does not cost any $$$$....so you can spend a hunert dollars and get your patient card and your wife can get a nongrowing card for 31 bucks.....
Ahh ok, so the only way to get such a card is for the patient to register. Doc cert only won't cut it for this purpose, right?
 

maineyankee

Active Member
For some reason, I like the card better than the paper type. Just yesterday I was with a fellow RIU and he misplaced his paper in my vehicle. With the card type, it fits nice and snug in my wallet. But if it will cost me anymore than $10.00, then the paper will have to do, folded in my wallet :-)

Thanks for the input guys and gals :-)

The MaineYankee :-)
 

mdanforth

Well-Known Member
Ahh ok, so the only way to get such a card is for the patient to register. Doc cert only won't cut it for this purpose, right?
nope, the paper will suffice.....remember when a caregiver registers he/she doesn't tell who their patient is....only that they have 1 or 5.......
 

tet1953

Well-Known Member
hehe this is getting off topic a little and I do apologize, but you know mdanforth, there is still a big loophole I think. What is to stop a patient from having such a signed agreement with more than one caregiver? State doesn't know who it is, and LEO is only going to be checking one at a time. I suppose they could start compiling their own database of caregivers/patients, idk.
 

mdanforth

Well-Known Member
nothing to stop it....nothing keeping someone from registering to grow and not having any patients either......
 

cerberus

Well-Known Member
the odd chance that dhhs sends some one out to inspect. that wil catch a grower with no patients. I don't know how you deal with a patient with 3 or 5 caregivers..
 

tet1953

Well-Known Member
nothing to stop it....nothing keeping someone from registering to grow and not having any patients either......
True, but having a bona fide patient would save a lot of hassle. No way they would know that Joe the next town over has a signed agreement with the same patient. I'm not looking for loopholes lol..they're just there
 

freelife04239

Active Member
The law reads that a family member can be your care provider if it is an immediate family member or someone that lives under your same roof, son/daughter can grow for mother/father without registering even if living separate. Also a husband wife could grow for one or the other without registering. I believe it states some where you can have the care provider listed on your cert and that would be enough to protect care provider under law. You just need to have a family member that has a card or doc cert.
This is what I have read in the new laws someone correct me if I’m wrong and please point me to where it reads otherwise.
This is what I found
5-A. Member of the family. "Member of the family" means a person who is a spouse, domestic partner, child, sibling, aunt, uncle, niece, nephew, parent, stepparent, grandparent or grandchild of another person. "Member of the family" includes a person living with a person as a spouse and a natural parent of a child of a person.
5-B. Members of the same household. "Members of the same household" means 2 or more people who share a dwelling unit.
§ 2423-A. Authorized conduct for the medical use of marijuana
1. Qualifying patient. Except as provided in section 2426, a registered qualifying patient may:
F. Designate one primary caregiver or a registered dispensary to cultivate marijuana for the medical use of the patient, except that a hospice provider or a nursing facility that is named designated as a primary caregiver by a patient and the staff of the provider or facility may not be designated to cultivate marijuana for the patient. The qualifying patient must designate the primary caregiver or registered dispensary to cultivate for the patient in a standardized written document, developed by the department, signed and dated by the qualifying patient, which must include a one-year expiration, the total number of mature plants the primary caregiver is designated to cultivate and the signed acknowledgment of the primary caregiver that the primary caregiver may be contacted to confirm the designation of the primary caregiver to cultivate for the patient and the number of mature plants to be cultivated and being cultivated for the patient or the signed acknowledgment of a person on behalf of the registered dispensary that the registered dispensary may be contacted to confirm the designation of the dispensary to cultivate for the patient and the number of mature plants to be cultivated and being cultivated for the patient; and
2. Primary caregiver. Except as provided in section 2426, a primary caregiver, for the purpose of assisting a qualifying patient who has designated the primary caregiver as provided in subsection 1, may:
A. Possess up to 2 1/2 ounces of prepared marijuana and an incidental amount of marijuana as provided in subsection 5 for each qualifying patient who has designated the person as a primary caregiver;
B. Cultivate up to 6 mature marijuana plants for each qualifying patient who has designated the primary caregiver to cultivate marijuana on the patient's behalf , subject to the limitation in subsection 1, paragraph B on the total number of plants authorized per qualifying patient. A primary caregiver may not cultivate marijuana for a patient unless the patient has designated the primary caregiver for that purpose and the patient has not designated a registered dispensary to cultivate marijuana for the patient's medical use . In addition to the marijuana plants otherwise authorized under this paragraph, a primary caregiver may have harvested marijuana plants in varying stages of processing in order to ensure the primary caregiver is able to meet the needs of the primary caregiver's qualifying patients
THERE IS MORE IM JUST CUTTING PARTS THAT SEEM TO ANSER PEOPLES QUESTIONS.
3. Cultivation of marijuana. The following provisions apply to the cultivation of marijuana by qualifying patient under subsection 1 and a primary caregiver under subsection 2.
A. Possess up to 2 1/2 ounces of prepared marijuana and an incidental amount of marijuana as provided in subsection 5 for each qualifying patient who has named designated the person as a primary caregiver;
A. A patient who elects to cultivate marijuana plants must keep the plants in an enclosed, locked facility unless the plants are being transported because the patient is moving or taking the plants to the patient's own property in order to cultivate them.
B. A primary caregiver who has been designated by a patient to cultivate marijuana for the patient's medical use must keep all plants in an enclosed, locked facility unless the plants are being transported because the primary caregiver is moving or taking the plants to the primary caregiver's own property in order to cultivate them
C. A primary caregiver designated to cultivate marijuana for a qualifying patient is required to register with the department, except that the following primary caregivers are not required to register:
(1) A primary caregiver designated to cultivate for a qualifying patient if that qualifying patient is a member of the household of that primary caregiver;
(2) Two primary caregivers who are qualifying patients, if those primary caregivers are members of the same household and assist one another with cultivation; and
(3) A primary caregiver who cultivates for a qualifying patient if that qualifying patient is a member of the family of that primary caregiver.

I THINK THIS SHOULD ANSER ALL THE QUESTIONS I SEE POPING AROUND ABOUT WHO CAN BE A CARE GIVE AND WHO HAS TO REGESTER TO BE A CARE GIVER.
 

mdanforth

Well-Known Member
the odd chance that dhhs sends some one out to inspect. that wil catch a grower with no patients. I don't know how you deal with a patient with 3 or 5 caregivers..
dhhs no longer has the ability to do inspections.....the cops would need a warrant to do any inspections.....
 

tet1953

Well-Known Member
dhhs no longer has the ability to do inspections.....the cops would need a warrant to do any inspections.....
If that is the case, I can't imagine LEO getting a judge to issue a search warrant if you have shown LEO cert/card..can you?
 

mdanforth

Well-Known Member
If that is the case, I can't imagine LEO getting a judge to issue a search warrant if you have shown LEO cert/card..can you?
correct, it should be awfully hard to get a warrant, but cops tend to fib a bit to get what they want.....so if the cops show up to do an inspection tell em to go away.....
 

cerberus

Well-Known Member
unless they have a dhhs representative.. but I agree 100% with ya mdanforth, they don't have the staff to do their normal shit and with more budget cuts on the way its not going to get better for them.

as for PD knocking on the door, 100% agree with you there too. I am 100% legal and my lawyer knows it but he still says never never deal with the police. call his firm, keep my mouth shut, and most importantly don't agree or consent to anything. Its their job to arrest people, it's the courts job to decide if your a criminal. by definition the police do not care if your a criminal or not, its not their job. they are there to arrest somebody.
 

Maine Brookies

Active Member
If that is the case, I can't imagine LEO getting a judge to issue a search warrant if you have shown LEO cert/card..can you?
In Maine, you don't need a judge to get a search warrant. A magistrate will do. Getting a magistrate to sign a search warrant is only slightly more difficult than getting him to wipe his ass after he craps all over your civil rights.
 

maineyankee

Active Member
So I take it one does not have any rights once again, despite having the State say it's okay, but the Feds once again trump the state ... Catch -22 for sure ....

Did anyone watch the show last night on the Discovery Channel called "Weed Wars"? I thought it was a bit twacked (But it's Cali and not Maine) when I saw the entire staff bong it up throughout the day while at work, ... One of the Primary Owners wears Dresses and goes by the name of "Dress" and the CEO has some nice looking braids :-)

I dropped my jaw when I heard them state that they do $21 Million a year, just through that one dispensary ( But it's located in Oakland, CA )

Then they had to scramble to get $1 Mil in a week to pay tax in advance? They got lucky and had the appeal process and City Councilors state that they could pay it over 3 easy installments ... Talk about shoving it in and enjoying it!

Cool Show tho, and some great looking weed by far !! Made me eyes water :-)

The MaineYankee:-)
 

mdanforth

Well-Known Member
in the new law the ability for DHHS to inspect caregivers was taken away, so even if John Thiele stops by, you can say goway......
 
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