Caregiver Grows For Five

[Arbor Green Thumb]

5 patients.  That's the State Law.  Although .....On Feb. 8th 2014 or 2013 the State approved legislation directing local municipalities to enforce (or not) dispensing.  In Ann Arbor the State doesn't interfere with the city ordinance.  In AA patient to patient transfers of 2 ozs or less are considered a civil-infraction punishable by a $25 ticket (1st offense; 3 or more offenses $100 each).  I know in Oakland County and other targeted cities law will be enforced to the maximum allowed under the state guidelines.  Goes back to where you're at. 

[Restorium2]

Yes, it seems clear that when two caregivers are exchanging strains of usable marijuana, that the transfer is still for the benefit of "the patient" and disrupts the flawed logic in McQueen that seemingly restricts patient-to-patient transfers. Though it seems obvious to me that the patient-to-patient scenario is better represented as unregistered caregiver-to-patient if the patient is eligible to be a caregiver. Restorium has pointed out many times the error of the patient-to-patient scenario.

 

But I will say this definitively: most cops think it is illegal.

Besides the 'double jump' of flipping a bag twice in a row before it gets to the actual user patient....

 

That's why another state with a very similar law (and a much better legislature) passed a patient to patient transfer amendment to make transfers to other patients not connected to you through the registry legal. Because the law wording we share needs help with that.

 

And also why cops here went to the trouble to have fake cards to bust you with. 

 

A local guy near me got busted in April and the biggest mistake he made, besides putting his trim out to the trash, was to tell the cop he was selling beyond his 5 patients. If you want a poster man to Go Fund then he would be that guy. He's going through the grinder right now.

Edited November 17, 2015 by Restorium2

[medmanmike]

Just an aside: I spoke recently with a dispense owner in Grand Rapids who has convinced 2 of the 3 lawyers on his legal team (and I believe Michael Korman is one of them, who agrees) that they found a loophole in the law (one of the recent COA or MSC rulings that allows for pt to pt transfers without being connected to the registery. He told me that they have the money and are just waiting to take this on. Bravado? Truth? Just passing on what I was told.....

Edited November 17, 2015 by medmanmike

[+Malamute]

Does it sound too good to be true?

[+Malamute]

I mean, sure go for it if it is true...

 

But....

[outsideinthecold]

Interesting discussion. What about a registered patient without a caregiver? Could they transfer to a registered caregiver?

 

Similarly, what prevents a caregiver from making transfers to a patient without a caregiver?

[Restorium2]

Interesting discussion. What about a registered patient without a caregiver? Could they transfer to a registered caregiver?

 

Similarly, what prevents a caregiver from making transfers to a patient without a caregiver?

The same thing that makes it so I can't transfer to you.

 

The MMM Act exempts certain transfers. Ones it specifically outlines. If it aint in there then it aint in there. 

[Restorium2]

a dispense owner in Grand Rapids who has convinced 2 of the 3 lawyers on his legal team

 

That's about a good an opener as, Three guys walk into a bar ...

[beourbud]

Goes back to where you're at.

 

I know right. They don't take kindly to dispensaries, hippies, noncaucasian, democrats over here in Republicanistan , west Michigan .

 

We voted for the same law and should be afforded the same protections.

Edited November 17, 2015 by beourbud

[Arbor Green Thumb]

Safest play is 5 registered patients.  That's it.  Anything else could land you in court arguing your case.  Local municipality means everything.  Might stand a better chance arguing your case if you're in a municipality that allows for dispensing.  Courts have a few more hurdles to convict if it knowning allows dispensing, down the street, a 100 times a day.  Lawyers would have fun with that one and I imagine the courts what to stay far away from it.  Way too political.   

 

Ann Arbor police are spectators during Hash Bash.  Watching as edibles are sold openly to any passerby.  Local law is 2 ozs or less from one party to another no card, no doctor recommendation = Civil Infraction = pay $25. 

 

Lansing has farmer markets where patient to patient, caregiver to patient and caregiver to caregiver transfers happen in the open with money being exchanged. 

 

Both municipalities would have a hard time enforcing anything of substance if you had dealings with clients other than your 5 patients.

 

That said.  I'm in no hurry to test their resolve.   

[Restorium2]

Safest play is 5 registered patients.  That's it.  Anything else could land you in court arguing your case.  Local municipality means everything.  Might stand a better chance arguing your case if you're in a municipality that allows for dispensing.  Courts have a few more hurdles to convict if it knowning allows dispensing, down the street, a 100 times a day.  Lawyers would have fun with that one and I imagine the courts what to stay far away from it.  Way too political.   

 

Ann Arbor police are spectators during Hash Bash.  Watching as edibles are sold openly to any passerby.  Local law is 2 ozs or less from one party to another no card, no doctor recommendation = Civil Infraction = pay $25. 

 

Lansing has farmer markets where patient to patient, caregiver to patient and caregiver to caregiver transfers happen in the open with money being exchanged. 

 

Both municipalities would have a hard time enforcing anything of substance if you had dealings with clients other than your 5 patients.

 

That said.  I'm in no hurry to test their resolve.   

Hmm. I bet it's hard to get anyone to treat quazi legalization serious when just about anyone can sell to anyone there already. 

[beourbud]

In contrast, the republican reps / court/ county Leo over here in nepotism valley know who what where and when but they just look the other way.

They call it Oversight.

But Outsiders,caregivers, dispensaries aka competition be damned!

Should I have to move to Detroit to safely treat myself?

How does legal lies help us?

Edited November 18, 2015 by beourbud