I expect caregivers here in Colorado will be cutting their patient count down to only 1 patient in the near future.
With the passage of HB 1284, CDPHE now has the right to define what a caregiver's duties and responsibilities are to the MMJ patient. Its written in HB 1284.
We, the patients and caregiver, stopped the CDPHE a year ago from passing their definition, by protesting and attending their hearings. REMEMBER?
Refer to the California definition of 'Caregiver'.
I am sure Colorado Department of Public Health and Environment will have the same definition.
........................................................................................................................................
Here is the law on primary care givers in ca:
B.
Primary Caregiver: A primary caregiver is a person who is designated by a
qualified patient and “has consistently assumed responsibility for the housing, health, or
safety” of the patient. (§ 11362.5(e).) California courts have emphasized the consistency
element of the patient-caregiver relationship. Although a “primary caregiver who
consistently grows and supplies . . . medicinal marijuana for a section 11362.5 patient is
serving a health need of the patient,” someone who merely maintains a source of
marijuana does not automatically become the party “who has consistently assumed
responsibility for the housing, health, or safety” of that purchaser. (People ex rel. Lungren
v. Peron (1997) 59 Cal.App.4th 1383, 1390, 1400.) 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].)
........................................................................................................................................
in order to be a caregiver in California you have to assume responsibility for the majority of the patient's day to day affairs, making sure they get to appointments, that they are eating and bathing, cleaning themselves and otherwise providing the patient with the quality of life they would have if they were not infirm.
if a "caregiver" is already doing all of these things and more, then they would have a viable defense if they were to get in trouble while cultivating for the patient.
The CDPHE I am sure, will have this same definition as above, which goes along with their definition of a "Primary Care Provider (PCP)". I took my patient to the CDPHE MMJ office for him to drop off his application for registry. I informed her that I did do the above duties of a Primary Care Provider. Her response to me was that, "by doing the duties of a PCP I DiD meet the implied meaning of 'Caregiver' that was intended by the passage of Ammendment 20".
The attorneys didn't fight for the patients and caregivers this time on HB1285. Now CDPHE will get their way.
Caregivers will be fortunate to be able to grow for 1 patient, much less 5 patients, after the 'Caregiver' definition is applied into law.
Caregivers will have an abundance of responsibilities, which will take up so much time, that they can't take care of additional patients.
The people of Colorado let this happen. Patients and Caregivers were sacrificed to the benefit of the dispensaries. ATTORNEYS AND BIG BUSINESS DISPENSARIES WON!!!!!!
ColoradoMed.
With the passage of HB 1284, CDPHE now has the right to define what a caregiver's duties and responsibilities are to the MMJ patient. Its written in HB 1284.
We, the patients and caregiver, stopped the CDPHE a year ago from passing their definition, by protesting and attending their hearings. REMEMBER?
Refer to the California definition of 'Caregiver'.
I am sure Colorado Department of Public Health and Environment will have the same definition.
........................................................................................................................................
Here is the law on primary care givers in ca:
B.
Primary Caregiver: A primary caregiver is a person who is designated by a
qualified patient and “has consistently assumed responsibility for the housing, health, or
safety” of the patient. (§ 11362.5(e).) California courts have emphasized the consistency
element of the patient-caregiver relationship. Although a “primary caregiver who
consistently grows and supplies . . . medicinal marijuana for a section 11362.5 patient is
serving a health need of the patient,” someone who merely maintains a source of
marijuana does not automatically become the party “who has consistently assumed
responsibility for the housing, health, or safety” of that purchaser. (People ex rel. Lungren
v. Peron (1997) 59 Cal.App.4th 1383, 1390, 1400.) 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].)
........................................................................................................................................
in order to be a caregiver in California you have to assume responsibility for the majority of the patient's day to day affairs, making sure they get to appointments, that they are eating and bathing, cleaning themselves and otherwise providing the patient with the quality of life they would have if they were not infirm.
if a "caregiver" is already doing all of these things and more, then they would have a viable defense if they were to get in trouble while cultivating for the patient.
The CDPHE I am sure, will have this same definition as above, which goes along with their definition of a "Primary Care Provider (PCP)". I took my patient to the CDPHE MMJ office for him to drop off his application for registry. I informed her that I did do the above duties of a Primary Care Provider. Her response to me was that, "by doing the duties of a PCP I DiD meet the implied meaning of 'Caregiver' that was intended by the passage of Ammendment 20".
The attorneys didn't fight for the patients and caregivers this time on HB1285. Now CDPHE will get their way.
Caregivers will be fortunate to be able to grow for 1 patient, much less 5 patients, after the 'Caregiver' definition is applied into law.
Caregivers will have an abundance of responsibilities, which will take up so much time, that they can't take care of additional patients.
The people of Colorado let this happen. Patients and Caregivers were sacrificed to the benefit of the dispensaries. ATTORNEYS AND BIG BUSINESS DISPENSARIES WON!!!!!!
ColoradoMed.
