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Caregiver Vs. Co-Op Vs. Dispensary


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#1 Nameless_Hero

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Posted 09 October 2010 - 01:45 PM

Michigan Medical Marihuana Definitions (note: these are my personal definitions based on research)

Caregiver: Under the State Law, a MMJ caregiver is one individual who is registered with the state in order to provide a maximum of 5 patients medical marijuana. That's also a maximum of 60 plants unless the caregiver is also a patient which would allow 72 plants. Anything from those plants are for the patients whom are designated under that caregiver. The patient can have 2.5 ounces of medicine for their needs and the caregiver can have up to 2.5 ounces per patient on supply. So if caregiver had 5 patients, the maximum supply would be 12.5 ounces of ingestible marijuana for those patients. This is quite obvious due to the fact that 2.5 ounces for 5 patients would seem very low in accordance with the words written in the law.

Co-Op: Two or more caregivers working together to supply patients, some of which may or may not be theirs due to any overages a plant may produce. The term "co-op" is not specifically mentioned in the written law, but the law does indirectly say that it is a caregivers responsibility to provide a patient with medication.
Here is an analogy of this situation:
--Let's say you're driving on a road where the speed limit is 45 mph. You attempt to stay at 45 mph as well as you can, but the speedometer constantly fluctuates between 44 and 49 mph. Maybe you're switching lanes, going uphill or going downhill. The point is that you ARE trying to control how fast the car is going to ensure you are within the law but it's hard to be dead on to the exact mph. So if you're going 49 mph, will you get pulled over for speeding? Most likely not, but I guess that's a "grey area". Same principle goes with growing a plant. The height and amount produced are controlled as well as they possibly can by their caregiver, but someone predicting about 1 ounce for a plant, may end up with 1.7 ounces. If there was a cure for AIDS and you had a little left over, would you throw out your prescription or give it to someone who needed it? On an excessive/abusive level should be the only time when the overage issue comes into play. Why is this a grey area?

Dispensary:
A more public or retail location that is supplied by several or more caregivers. It is a place that any MMJ patient can walk in and purchase their medicine within the legal amounts set by the law.
Although under Michigan Law, these are neither stated "allowed" or "not allowed" they have been deemed illegal by several municipalities. Now in California a dispensary is similar to a
CVS or Walgreen's; as long as you have a valid prescription, you can go in and place it. But Michigan law does say that caregivers have designated patients. So in order to be within the
limits of this state's law, 20 caregivers would have to work together as a dispensary in order to provide 100 patients with medicine, each of those patients being registered with one of
20 caregivers. Unfortunately this concept has not evolved yet in Michigan. There are more issues on this level, but I won't get into them now.

Summary: So as you can see and read from various definitions of these words in other states, all three are quite different for more reasons than I have mentioned. So why is law enforcement and certain people with some type of "political power" grouping all three terms into one entity? Since the law is still an infant, it's understandable for local cities to say "no" to retail locations, just as some restaurants are unable to obtain liquor licenses right away. But to deny some of the most black and white words in the law by saying caregivers CANNOT be caregivers and patients CANNOT be patients is not only wrong, but unconstitutional. That is basically saying that obeying the law is AGAINST the law. Please, if anyone has anything to add to my definitions or has a different interpretation, one that is relevant to a specific city or town, feel free to chime in.

#2 Silverblue

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Posted 09 October 2010 - 04:24 PM

Why can't there be cg's AND something else? If my cg has no meds, I should be able to legally get them someplace else, or my cg could, but still that someplace else might have to be a dispensary, (assuming dispensaries are even legal), but I like the co-op idea better. I also think overages can be given to people who have run out of meds. Any extra overages can go to making the Simpson Oil that's vital to helping people with very serious diseases like cancer and MS.

One of the biggest problems does seem to be that what's legal in one area is illegal in another. Certain areas have chosen to interpret the law differently. Some say pt/pt transfers are legal, others say it's not. Added to that the federal situation, and there's bound to be confusion. States have fought hard to have the right to make their own laws. Maybe the whole situation would be solved if cg's aren't limited to 5 pt's who are only allowed to get their meds from that one cg. I read someplace there's a state where a pt is allowed to have 2 cg's. Having a backup is an excellent idea, just like having reserve food, an alternative plan for emergencies, an extra flashlight, etc.

Sb


#3 Nameless_Hero

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Posted 09 October 2010 - 04:39 PM

Excellent point SilverBlue. I have read the law in its entirety over 20 times, read tons of articles as well as the laws with the other MMJ states and nowhere do I see Michigan's MM Law saying that a patient MUST grow his or her own plants if they do not designate a caregiver. It only says that they can grow their own, designate their own caregiver or obtain medicine. I would assume the MDCH saying that they do not provide places to get medicine would imply they need to obtain it on their own.

#4 Guest_sub4me_*

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Posted 09 October 2010 - 04:43 PM

Excellent point SilverBlue. I have read the law in its entirety over 20 times, read tons of articles as well as the laws with the other MMJ states and nowhere do I see Michigan's MM Law saying that a patient MUST grow his or her own plants if they do not designate a caregiver. It only says that they can grow their own, designate their own caregiver or obtain medicine. I would assume the MDCH saying that they do not provide places to get medicine would imply they need to obtain it on their own.


Thats what makes the whole thing crazy, everybody will read it diffrent.

#5 Nameless_Hero

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Posted 09 October 2010 - 04:49 PM

That will only result in a Supreme Court ruling.

#6 phaquetoo

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Posted 09 October 2010 - 05:52 PM

Why can't there be cg's AND something else? If my cg has no meds, I should be able to legally get them someplace else, or my cg could, but still that someplace else might have to be a dispensary, (assuming dispensaries are even legal), but I like the co-op idea better. I also think overages can be given to people who have run out of meds. Any extra overages can go to making the Simpson Oil that's vital to helping people with very serious diseases like cancer and MS.

One of the biggest problems does seem to be that what's legal in one area is illegal in another. Certain areas have chosen to interpret the law differently. Some say pt/pt transfers are legal, others say it's not. Added to that the federal situation, and there's bound to be confusion. States have fought hard to have the right to make their own laws. Maybe the whole situation would be solved if cg's aren't limited to 5 pt's who are only allowed to get their meds from that one cg. I read someplace there's a state where a pt is allowed to have 2 cg's. Having a backup is an excellent idea, just like having reserve food, an alternative plan for emergencies, an extra flashlight, etc.

Sb



S.B I interpet the law as, as a patient you can obtain from where ever you want! It is the c.g and dispense that need to worry about who they deliver goods to!

Peace
FTW
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#7 Nameless_Hero

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Posted 10 October 2010 - 02:01 PM

I think we should follow Ann Arbor's model from their recent decision. Ok, I can understand if every township doesn't agree to actual Dispensaries, but there should be at least a couple in each region of the state. Blueberry, i agree with you about this being a coordinated effort to thwart this law. People only act like law abiding citizens until a new law comes in that they do not agree with. And are you aware that certain townships are considering charging an ADDITIONAL registration fee for patients to register with local PD. So fee to the state, fee to the locality. Opening up a facility is one thing since it would be multiple people, but charging the individual again, especially when there are still renewal fees. Unbelievable

#8 m3dical

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Posted 01 November 2010 - 09:33 AM

What about multiple caregivers in one house?
Does this have to be a co-op?

I am wondering what someone's interpretation is of having 2 caregivers in one house. Both caregivers would have their own "locked rooms" so they would be completely separate entities. I talked to my attorney and he also suggested that there be a lease drawn up for each space show that each individual is "leasing/owning" that particular "room" and is liable for it.

I would look at this as 2 separate caregivers with 2 separate businesses operating out of 2 separate locations within 1 building. Any thoughts/insight? Thanks!

#9 GREENkZOO

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Posted 02 November 2010 - 08:41 PM

Democratic, not for profit co-ops are the best. They provide consistency of product as well as supply. They also should maintain a closer relationship with their patients compared to their corporate style dispensary counterparts. Now if only the law was clearer on the issue...

#10 lil420

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Posted 03 November 2010 - 03:43 AM

So is that co-op just 2 caregivers that can have 12 plants ea cuz some girl was sayin u can have 24 ea unless she's being stupid I just wanted to know I never heard about co-op

#11 pic book

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Posted 03 November 2010 - 05:12 AM

A patient can buy their meds from anyone. It would be silly for law enforcement to contest this. This will be the linchpin of the cases in Oakland County, can a person or entity obtain/purchase meds in order to retail those meds to patients/caregivers? I think it the answer lies in the model that is used as UH stated.


'UH' is short for?




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