California Medical Marijuana Caregiver Help

I have the ability to produce up to 72 flowering plants. This means 12 patients totals under 6 plants apiece.

Me and my best friend already have our scripts, however its obviously not enough to cover my total capacity.

I want to stay as legal as possible.
What are the requirements to be designated as a primary caregiver to grow for others.

Is it legal for me to charge low prices for the crops as a way of covering my expenses? (Labor, water, electricity, nutrients, building materials, etc.)

I have placed an ad on craigslist and already been contacted by a few people.

h.h. said:

http://marijuanabusinessnews.com/club_guide_patient_registration_form.aspx

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Wow thanks for the valuable link!

Do I have to file any paperwork to become a Primary Caregiver?

Edit: attached is some paperwork I wrote up tonight after examining both Prop 215 and SB420.
Please review and comment on if you think these forms afford me enough protection!

[FONT=&quot]Qualified Patient Registration Form[/FONT]
[FONT=&quot]xxxxxxx(name)xxxxxxxxxxxx xxxxxxxxxxxxxxxxxx(address)xxxxxxxxxx[/FONT]
[FONT=&quot]___ Patient ___ Caregiver [/FONT]
[FONT=&quot]First Name: __________________ Middle: __________________ Last: __________________[/FONT]
[FONT=&quot]CA Drivers License #: _________ CA Medical Card #: _________ Prescription #: __________ [/FONT]
[FONT=&quot]Address: _____________________________________________________________________ [/FONT]
[FONT=&quot]City: _______________________ State: _________ Zip: _________ [/FONT]
[FONT=&quot]Phone Number: ________________________ Email Address: ________________________ [/FONT]
[FONT=&quot]Doctor Name: _______________________________________________ [/FONT]
[FONT=&quot]Doctor Address: ______________________________________________ [/FONT]
[FONT=&quot]City: _______________________ State: _________ Zip: _________ [/FONT]
[FONT=&quot]Doctor Phone: ___________________ Doctor Fax: _______________ [/FONT]
[FONT=&quot]Last Visit Date: ______________ Recommendation Expires: ______________ [/FONT]
[FONT=&quot]I hereby authorize my treating doctor to release medical information regarding my diagnosis and condition to xxxxxxxxx.[/FONT]
[FONT=&quot]Signed: ______________________________ Date: ____________________________[/FONT]
[FONT=&quot]I understand and agree as follows:[/FONT]
[FONT=&quot]I am a qualified patient protected by California Health and Safety Code 11362.7. et. seg., and Senate Bill 420. My doctor has recommended the use of medical marijuana and provided written documentation of such recommendation. My doctor will review my case on a yearly basis. Per the relevant sections of California law, I am able to legally possess, use, and cultivate cannabis collectively for medical purposes. I designate xxxxxxxxx as my care provider and affirm he has consistently assumed responsibility for my housing, health, or safety. I agree to follow all the rules and guidelines of my caregiver and pay reasonable compensation and/or volunteer for other services and activities provided by my caregiver as afforded under SB 420.[/FONT]
[FONT=&quot] Signed: _____________________________ Date: ________________________________[/FONT]
[FONT=&quot]For Caregiver Use Only[/FONT]
[FONT=&quot]Date and Time Verified: ___________________ Verified by: __________________________[/FONT]
[FONT=&quot]Not Verified Date: _______________ By: __________________________________[/FONT]
[FONT=&quot]Notes: ______________________________________________________________________________[/FONT]
[FONT=&quot]______________________________________________________________________________[/FONT]
[FONT=&quot]______________________________________________________________________________[/FONT]
[FONT=&quot]______________________________________________________________________________[/FONT]
_____________________________________________________________________________________

















xxxxxxxxxxxx’ Patient Code of Conduct
I am grateful that my neighborhood accepts us and welcomes us. It is important that my neighbors respect us and that we respect them. Therefore, I ask your cooperation to keep us in good standing and repute.
You must be at least 18 years old with a valid California Drivers License or valid California ID in order to enter my premises. Please have your ID available for presentation at the door.
You must have a currently valid doctor's recommendation for medical marijuana. Recommendations must be renewed on a yearly basis.
Do not use or consume medicine on the premises, in the parking area, or in the surrounding neighborhood.
No active cell phones or cameras are allowed on the premises.
Please do not ask for any information other than available appointment hours over the phone. If you have questions, please ask them in person at the premises.
You may not sell or redistribute your medicine to others. Suspicious activities will be reported to law enforcement. We are here to provide medical relief to qualified patients only.
Please be very discrete. Please place your medicine out of sight before leaving my premises. Do not display or discuss your medicine in the surrounding neighborhood.
Do not engage in loud, boisterous, or disruptive behavior on or near the premises.
Do not loiter near the premises.
Use of marijuana while driving may result in charges of driving under the influence. Do not drive or operate heavy machinery while using marijuana.
Respect and show courtesy towards your Caregiver, anyone on Caregiver’s premises, and our neighbors.
I agree to these rules and I understand that violations of these rules will result in immediate termination of my status as a patient from my caregiver (xxxxxxxxxxxxxxxxxxx).
Signed: _________________________ Date: _____________________
DISCLAIMER - GENERAL RELEASE, INDEMNIFICATION AND HOLD HARMLESS CLAUSE
I _________________ being of lawful age and sound mind, do now release, acquit, and forever discharge xxxxxxxxxx, herein referred to as Caregiver, from all actions, claims, demands, or damages accruing to me from any known or unknown injury, loss, or damage sustained by or to me. This release shall remain in force and run concurrently as long as xxxxxxxxxxxxxxx remains my care provider. In witness whereof, I have executed this release in Redding, CA. I further agree to indemnify and hold harmless Caregiver from any injuries or damages resulting from use or misuse of medical marijuana obtained from Caregiver.
Signed: _____________________________ Date: _______________________________

The laws in California recently changed, and it is not like it used to be. At one time, all it really took to become a designated caregiver was the filling out of a form like the one above. However, to qualify as a caregiver who is protected by California law, you have to be able to prove in a court of law (if necessary) that you have consistently assumed responsibility for the patient's housing, health or safety in a capacity non related to marijuana. You would actually be safer from a legal perspective if you used a collective model rather than a caregiver model.

Right. If you are trying to grow 72 plants, you need a collective of 12 patients including yourself.

Heres all the info on the lawful operation of a collective: http://ag.ca.gov/cms_attachments/press/pdfs/n1601_medicalmarijuanaguidelines.pdf (starts on page 9)

Basically, all you have to do is have all the members fill out some sort of application, verify their recommendation, and have them sign saying they will not sale the marijuana and only use it for medical purposes.

Question(sorry for the threadjack), do I need a California MMJ ID card to grow for someone that has one and wishes to designate me caregiver? I'd like to avoid getting one if I don't have to, and it has nothing to do with the minimal cost.

You can be a caregiver without a medical recommendation, however, as was stated earlier, the laws have changed regarding caregivers, and now you have to have "consistently assumed responsibility for the housing, health, or safety” of the parson you are a caregiver for. In other words, you cannot just grow their pot for them.

hom36rown said:

You can be a caregiver without a medical recommendation, however, as was stated earlier, the laws have changed regarding caregivers, and now you have to have "consistently assumed responsibility for the housing, health, or safety” of the parson you are a caregiver for. In other words, you cannot just grow their pot for them.

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Thanks for the info. The individual in question is a family member that rents a room from me. I'm sure I could work something out with him to satisfy legality.

You asked this

wtfh4xx said:

Is it legal for me to charge low prices for the crops as a way of covering my expenses? (Labor, water, electricity, nutrients, building materials, etc.)

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http://ag.ca.gov/cms_attachments/press/pdfs/n1601_medicalmarijuanaguidelines.pdf said:

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].)

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