Caregiver

[Dreadscale]

Hi all

I was just thinking about our Medical Marijuana Laws here and
was wondering why I would have to be designated as a caregiver (for my wife) in writing.

It just seems to me that if I'm legally married that right is just understood.

I can go pickup her prescriptions at the pharmacy.
I can sign papers for any surgery ( if she can't) for her.
I can even sell something we jointly own with out her permission in writing. (although her permission would be a good idea)

Why then would I have to have a piece of paper saying I am her Medical Marijuana Caregiver?

Any Ideas?

Thanks for your input :hippy:

[psteve]

Just do it. It's stupid, but it's the law.
Besides the more of us that sign up, the better it is for all of us. Safety in numbers and all.

[Dreadscale]

Thank you psteve for the reply.
I have the proper paperwork.
I was just thinking, according to the law she can only have 1 designated caregiver and there are way better sources out there, than I can give her.

Thanks

[Winks]

Thank you psteve for the reply.
I have the proper paperwork.
I was just thinking, according to the law she can only have 1 designated caregiver and there are way better sources out there, than I can give her.

Thanks

Washington state RCW 6951A states that you can only be a caregiver to one patient at a time, however it doesn't limit how many caregivers a patient can have. I currently have 3. They must be designated in writing. When in doubt read the RCW. It is the ultimate authority.


Winks

[Dreadscale]

Thank you Winks for the reply

I would like to say the wording of CHAPTER 69.51A RCW need a little work.

I don't see where it definitely limits the number of caregivers.
The term Designated Primary Caregiver implies one.
You can have multiple caregivers but only one would be the Primary Caregiver.
I also think (2)(b) "BELOW" may be hard to establish if the caregiver isn't a relative or close friend.

RCW 69.51A.010 Definitions.
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) â??Medical use of marijuanaâ?� means the production,
possession, or administration of marijuana, as defined in
RCW 69.50.101(q), for the exclusive benefit of a qualifying
patient in the treatment of his or her terminal or debilitating
illness.
(2) â??Primary caregiverâ?� means a person who:
(a) Is eighteen years of age or older;
(b) Is responsible for the housing, health, or care of the
patient;
(c) Has been designated in writing by a patient to
perform the duties of primary caregiver under this
chapter.
(3) â??Qualifying patientâ?� means a person who:
(a) Is a patient of a physician licensed under chapter
18.71 or 18.57 RCW;

More thoughts on this Please.
I'm trying to help my wife stay totally Legal.

Thank You

[Dreadscale]

More thoughts.

Having the paperwork for a Designated Primary Caregiver, in essence gives the holder the right to possess Medical Marijuana.
I don't think the wording of CHAPTER 69.51A RCW , is making this easily available to the public.
All I would have to do is designate all my friends, then they would have paper stating they may possess Medical Marijuana.

RCW 69.51A.010 Definitions.
(2) â??Primary caregiverâ?� means a person who: (NOT PEOPLE)

Since there is no Designated Primary Caregiver registery :
Having 3 caregivers would pose no problems unless, 2 or more were asked for their papers at the same time.

[Winks]

Thank you Winks for the reply

I would like to say the wording of CHAPTER 69.51A RCW need a little work.

I don't see where it definitely limits the number of caregivers.
The term Designated Primary Caregiver implies one.
You can have multiple caregivers but only one would be the Primary Caregiver.
I also think (2)(b) "BELOW" may be hard to establish if the caregiver isn't a relative or close friend.

RCW 69.51A.010 Definitions.
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) â??Medical use of marijuanaâ?� means the production,
possession, or administration of marijuana, as defined in
RCW 69.50.101(q), for the exclusive benefit of a qualifying
patient in the treatment of his or her terminal or debilitating
illness.
(2) â??Primary caregiverâ?� means a person who:
(a) Is eighteen years of age or older;
(b) Is responsible for the housing, health, or care of the
patient;
(c) Has been designated in writing by a patient to
perform the duties of primary caregiver under this
chapter.
(3) â??Qualifying patientâ?� means a person who:
(a) Is a patient of a physician licensed under chapter
18.71 or 18.57 RCW;

More thoughts on this Please.
I'm trying to help my wife stay totally Legal.

Thank You


I agree that the RCW really needs some work. Unfortunately what that has most recently means is the changes proposed in SB1632 For instance the state would like to take meds that have been found in the possession of non patients (street dealers) and distribute it to patients like Santa. This simply won't do. Patients need to know that their medicine isn't tainted with possible other drugs or spores. This is why we must keep the right to grow our own medicine. We as patients and caregivers must maintain the right to produce our own medicine. The DOH is great at giving flu shots and reducing teen pregnancy, they know nothing about quality control of cannabis. The law does need changes, however not all of the proposed changes will actually make much of a difference. Such as changing the wording of the Dr from might to may benefit... Or vice versa. I don't have the RCW in front of me right now. But I can assure you I have read it and reread it over the last 2 1/2 years I have been a patient in WA.

If there was a number restriction on caregivers it would have been included in the definitions section of the law.

I used to work with a very large patient group in WA. What I learned there is that even though the law states that the caregiver is Primary, this does not mean that a patient can only have one. One of the reasons for this distinction is also that many patients have other caregivers, such as local visiting health nurses or ILA (independent living assistants). This helps sort out a basic caregiver from one that will be handling cannabis or live plants. And your caregiver may not be available 24/7. Not all patients have spouses for caregivers, or even name their spouses as caregivers. For instance, I have one caregiver that grows my meds for me, I have another that allows me to medicate at her home when I am outside of my home area, and one more that carries my meds when I'm going out in public. Caregiver A may not be able to accompany me when I am at a event or festival, however caregiver B may have that day free. Every patient has different needs.

I know this can be very confusing. The one thing the law does state very clearly is that a caregiver can only be a caregiver to one patient at a time. However it does not limit the amount of caregivers a patient can have. This allows for a change of caregivers if for some reason a caregiver cannot continue their duties, a patient can make a change without operating outside of the RCW.

If you would ever like to meet for coffee and discuss this further I am in the Seattle area.

I hope this isn't too convoluted. Washington has allowed alot of flexibility in the law, but it does cause much confusion.

I was pulled over and the officer wanted to put me in jail for some immature seeds a friend had tried to pass on to me. They said "your a patient, but it doesn't mean you can grow" Then I pointed out the part of the RCW that allows for manufacture of your medicine, I pointed out to the officer that cannabis is a plant and how can I manufacture it without growing it. After all growing isn't easy and if he had an alternative, then I was all ears. He apologized for putting me in handcuffs and returned all my medical property, even the immature seeds.

Hope this helps more then hurts,

Winks

PS every caregiver is a primary caregiver if it is in reference to a cannabis patient in Wa. They all must be named primary caregiver in order to comply with the RCW. Also in reference to your last line, "may be hard to establish if the caregiver isn't a relative or close friend." Under the federal HIPPA act you do not need to answer any questions regarding your caregiver or yourself as a patient, dosage, frequency, or med source such as plants. As long as you are meeting the requirements in the definitions and comply with the RCW it doesn't matter how "close" you are to your caregiver. There is nothing that says it has to be a best friend/spouse/relative. Remember you have rights and if you are operating inside the RCW it would take a very large court order to pry that info from you. Maybe even supreme court or a grand jury. The federal HIPPA law is very protective of your personal medical information. Remember you do NOT give up your rights just because of your choice of medicine!!!!

[Dreadscale]

Thank You, Winks :postgood:

I love your post, it helps me see things in a different light.
In a perfect world I wouldn't have to worry about such things.

Hopefully in July they work out a better system and wording.

Thanks for the Coffee Invite, but I don't make it to Seattle too often. Maybe we could meet at HempFest I'm going to be there for sure.

I'm in Cowlitz County, I head for Portland more than Seattle.:hippy:

THANKS AGAIN GREAT POST

[Winks]

No Problem, if I head your way on a road trip I'll be sure to send a heads up your way.


If you ever have any more questions about 69.51A just hollar ;)

Winks

[Winks]

The wording has been changed. I was made aware of this when I went to go renew my dr recommendation this weekend. Instead of Primary Caregiver it is now Designated Provider.

Hope this clears it up for you :)

Winks

[Dreadscale]

Thanks Winks for the heads up! :thumbsup:

I haven't checked out the wording for a bit, my main concern is the amount I can posess. At this point I'm no way near a 60day supply in any one's book.:D

Will probably check out the wording in a few, gotta see if anything else is different.

THANKS AGAIN