Simple and Basic Patient/Caregiver Question

In many states growers are allowed to recoup expenditures for electric, water, et cetera but your labor - and the worth that you assign to it - is not always so clear-cut.

As for selling, per se, in Michigan, I see that as a serious gray area at the moment. There was a court case, I think in the Michigan appellate court, recently (August?). While the actual case was concerning a dispensary owner, one of the judges stated that nowhere in the Michigan medicinal cannabis laws was there a provision for individuals selling cannabis to each other. I may not have typed the exact wording that he used (probably didn't) which is why I didn't use quotes, but I did copy and paste his comment in another thread if you can find it. Or hit up Google. I cannot remember the site. Might have been one of the Michigan NORML chapter sites, IDK. Seemed like the wording he used would have potential future ramifications and I hope that it is in no way used to set a precedent. I didn't get the impression that he was trying to say that the Michigan medicinal cannabis laws forbade selling (to qualified patients), only that it had made no provision for it. BUT if that is the case then it would fall back on Michigan state cannabis law which (of course) forbids selling cannabis. If I were you, I'd keep careful track of expenses so that if you ever get hassled you can at least present that - I would hope that nobody expects an unpaid grower to pay for the expense of growing.

Too many states' laws are either vague or just completely fail to address the issue, and they really need to so that people could KNOW exactly where they stand.

If you find anything concrete either in the wording of the laws or in the way of verdicts of court cases and/or judges decisions/reports in appellate or state supreme court cases, please post it.
 
There is no "selling" of medical marijuana allowed in Michigan but you are allowed to receive compensation for your grow costs electricity genetics soil nutes etc i myself charge a fair price per ounce and deliver so far my patients very happy with our agreement :bravo:

As for the MMMA of 09 we are under attack from republican legislators who want to regulate the law to a point where its no longer usefull to us patients we no longer have dispensaries no more patient to patient transfers wanting us to register with law enforcement giving legal card holders duis for just having the card Michigan state police says if you have a card you are impaired meaning since we have THC in our system active or not your DUI .
 
around here the paient gets 1 oz free per month and the option of more. But your selling your TIME and COST only, not the meds. Around BC the despencarys sent their lawers to the County Prosicuter (sc) and was told they are not doing anything wrong and opened back up.
 
I know I'm coming in a little late on this conversation, but here is part of the law as it is written,:

Administrative Rules, effective April 4, 2009

DEPARTMENT OF COMMUNITY HEALTH

DIRECTOR'S OFFICE

MICHIGAN MEDICAL MARIHUANA

Rule 333.115 Primary caregiver; number of qualified patients; compensation.
Rule 15. (1) The department shall issue a registry identification card to
the primary caregiver, if any, who is named in a qualifying patient's
approved application. A registered primary caregiver may assist not more than
5 qualifying patients with their medical use of marihuana.
(2) A registered primary caregiver may receive compensation for costs
associated with
assisting a registered qualifying patient in the medical use
of marihuana. Any such compensation shall not constitute the sale of a
controlled substance.​



And this is an excerpt of the law as it was written, voted on, and passed in 2008:

MICHIGAN MEDICAL MARIHUANA ACT (EXCERPT)
Initiated Law 1 of 2008

Section 333.26424​

(e) A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such compensation shall not constitute the sale of controlled substances.

This is copied and pasted straight from the Michigan Licensing and Regulatory Affairs website. I added the bold for relevance.
 
It's never too late for good info like that. What about the changes made this past summer that made patient to patient a no-no? I couldn't find a legal doc on it.
 
Gotta seperate my opinion here from the law.

My opinion:

Whatever you and I do in a private setting is just that, private and none of anyone else's business, especially when it concerns my health and medicine. And that goes for any of my meds, not just medical jane.

The law:

Like you, I have not yet read a single piece of legal documentation about patient to patient transfers other than the courts have ruled them as not legal according to the MMMP law, yet the last I knew, the Jackson Farmers Market is still being allowed to function on the weekends.

Cannabis Farmers Market - Jackson, MI

The above link is from back in July, but I do know that it was still functioning as of a week or so ago.
 
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