Law: Can A Caregiver Receive A Transfer From A Patient?

[Sweettooth222]

if the patient has no caregiver gan a caregiver receive a transfer from a patient?

[trichcycler]

tree falling in the forest sound thing maybe

[t-pain]

the person on the recieving end is protected , as long as he/she uses that marijuana for his treamtent or connected patients treatment.

 

the person giving/transferring/selling is not protected unless connected with the registry.

 

further, i think it says right in mcqueen opinion that this means that giving marijuana to your connected cg must be for your medical benefit only.

 

so no. if a pt gave marijuana to a cg, the patient is not protected by section 4 because that transfer itself would have to benefit the patient's condition somehow.. in my non-legal non-lawyer opinion. call a lawyer if you want to find out more.

Edited January 11, 2015 by t-pain

[trichcycler]

[Restorium2]

The only completely legal medical transfer is the one where the person receiving it is going to use it medically. 

[Kingdiamond]

The only completely legal medical transfer is the one where the person receiving it is going to use it medically. 

Wouldn't that have to be determined in court?

[Restorium2]

Actually, it would be the doctor and patient deciding together what medical use is. It all starts there. The courts just need to pay attention to that and decide whether it jives with what you were doing when charged. 

[AmishRnot4ganja]

 

This made me laugh out loud. I would love to see something like this end up in court. The judge decides whether or not the patient can return product. Oh boy...

[trichcycler]

if the patient has no caregiver gan a caregiver receive a transfer from a patient?

ask your local club/dispensary, they count on it!

[Sweettooth222]

OK well its just a clone from a patient with no caregiver to a caregiver of other patients of a all CBD clone for strictly medical use for the caregiver and his patients. So.... I wouldnt put another patient at risk of charge because I am reviving it for me and my patients qualifying medical conditions only? I'm just not looking to get anyone in trouble.

[Highlander]

The supreme court was pretty clear in the McQueen ruling.  The "giver's" conduct with regard to MJ must be for the purpose of alleviating the giver's medical condition. 

 

Take what you will from this. 

 

It might be that the "giver/patient" acquires a clone and gives that clone to his CG for the purpose of growing it to alleviate the patient's condition.  It would seem that this is a protected action.  But if the same patient gave a clone to the CG and and said "Here's a great clone for you to grow for your other patients" then probably the transfer falls outside Section 4 protections because the patient's act of transferring the clone wasn't for the medical use of that specific giver/patient but was intended to benefit others.

[trichcycler]

I wont tell anyone

[Highlander]

I wont tell anyone

 

I just watched a tree fall in my field.  Nobody heard anything.