Simple legal question...

Rising Moon

Rising Moon

Well-Known Member
Hello everyone,

Ive got a straight forward question for those in the know.

As a caregiver, is my patient LEGALLY allowed inside my secure grow room with me present?

Seeing as I am growing THIER plants and assisting in thier medical use, I assume this is okay.

Any thoughts?

Thanks.
 
S

somepotname

Active Member
No they can't go inside your secure grow. Only the person to whom the plants are designated may have access. Also once a patient designates their plants to a caregiver they are no longer their plants, but the caregivers plants.
 
Firstoffallen

Firstoffallen

Active Member
somepotname said:
No they can't go inside your secure grow. Only the person to whom the plants are designated may have access. Also once a patient designates their plants to a caregiver they are no longer their plants, but the caregivers plants.
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unless your patient sends 10 dollars to the state and a change form then there the patients plants again lol
 
abe supercro

abe supercro

Well-Known Member
I'm not gonna look it up anymore than you want to look up your desired interpretation. We've gone over this before, there is language that says, "only". there is no language that says, "in addition to" or "both".

I can't imagine anyone getting prosecuted for sharing their grow w a patient, but also keep in mind that more than a patients registered 12 plants present in a CG garden. on paper, cg's work is not much a team effort as it is a solo endeavor.
 
GregS

GregS

Well-Known Member
I find this problematic in that 4(i) permits ANY PERSON to simply be in the presence of medical use, and cultivation is found in the definition of said use. If the change is contested, I think it will necessarily be rescinded.

Per the Act: "4(i) A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act [italics mine], or for assisting a registered qualifying patient with using or administering marihuana."
 
S

somepotname

Active Member
abe supercro said:
I'm not gonna look it up anymore than you want to look up your desired interpretation. We've gone over this before, there is language that says, "only". there is no language that says, "in addition to" or "both".

I can't imagine anyone getting prosecuted for sharing their grow w a patient, but also keep in mind that more than a patients registered 12 plants present in a CG garden. on paper, cg's work is not much a team effort as it is a solo endeavor.
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The clarity comes from the Michigan Supreme Courts interpretation of the MMMA given in this opinion...http://courts.mi.gov/Courts/MichiganSupremeCourt/Clerks/Recent Opinions/12-13-Term-Opinions/144120 Opinion.pdf

Also this is not my desired interpretation.
 
DemonTrich

DemonTrich

Well-Known Member
I don't let ANYONE!!! in my grow. even my fience(sp)......future EX-g/f!! is NOT allowed. I have let 2 other growers in my grow as I needed some experienced help with my newb growing abilities. lol
 
needlesnpins

needlesnpins

Well-Known Member
Rising Moon said:
Hello everyone,

Ive got a straight forward question for those in the know.

As a caregiver, is my patient LEGALLY allowed inside my secure grow room with me present?

Seeing as I am growing THIER plants and assisting in thier medical use, I assume this is okay.

Any thoughts?

Thanks.
Click to expand...
I was speaking with my lawyer about this a month ago...in Michigan the main concern is who has access. Access means who holds the keys...litterally. A patient, CG, or anyone else can be in that room with you (albeit not a good idea) (allowed by the law none the less) as long as they do not hold keys to the room.
 
needlesnpins

needlesnpins

Well-Known Member
(i) A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right orprivilege, including but not limited to civil penalty or disciplinary action by a business or occupational orprofessional licensing board or bureau, solely for being in the presence or vicinity of the medical use ofmarihuana in accordance with this act, or for assisting a registered qualifying patient with using oradministering marihuana.

Medical use includes manufacture. As long as that person is there WITH you ..its all gravy...at least it SHOULD be.
 
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