Originally Posted by snowking
I live in Colorado, so I don't know anything about Oregon state laws. Here and in California the laws governing dispensaries proper are becoming more and more concrete, but caregivers are usually still a bit of a grey area.
The SPIRIT of the law is that if I have an MMJ cert I can grow for myself, and, by the way, if I have some left over I can provide it to other MMJ patients (and expect compensation). There are NO considerations whatsoever that I am aware of where a NON MMJ patient can grow cannabis and sell it to dispensaries, i.e. like a business.
When you get your MMJ certification you can designate another person to be your caregiver. Whoever that person is (in Colorado, at the moment) can grow 6 plants, presumably for you.
If a dispensary is listed as the caregiver for 100 MMJ patients, they can now legally grow 600 plants. If you want to grow marijuana legally (in CO) you need to get an MMJ certification, then be listed as caregiver for as many patients as you need to cover your grow. If you want to grow 48 plants then you need to be the caregiver for 7 patients. You are patient #8, 8 patients times 6 plants each equals 48 total. (Those are just example numbers, if you want to grow 300 plants you need to be the listed caregiver for 50 patients.)
How do you get listed as a caregiver? You could be completely independent and take out an ad on Craigslist. You could offer patients free medicine once a month in return for them listing you. Mostly, dispensaries have a system in place to "distribute" patients to caregivers, usually for a fee, or a discount on meds. And by discount I mean they will offer you the patients, but then pay you less for your product. Some just charge you $250 per patient per year. You want 10 patients, that's $2500 please.
Now you have legal cover to grow 48 plants, or whatever your number is. Again the spirit of the law is that you are growing for yourself and 7 other patients. The reality is that once you have that legal cover for growing, you can sell the cannabis to anyone you want (who also has an MMJ cert). Including dispensaries.
I had the same idea as you. It FEELS like the right thing to do is incorporate, create a business, pay your taxes. However, as I said, the spirit of the law is that patient A is either specifically growing for patient B, or selling his leftover cannabis to other patients. Not so much the whole business-model-I'm-in-it-to-make-a-profit. So, to be clear, creating a business to cultivate marijuana and sell it for profit, is a little outside the letter of the law.
On the plus side, the IRS doesn't care. There's a spot on your tax return where you can declare your income from illegal activities. And though it may be legal in your state it's still a Federal crime.
Personally, I know of one 32,000 watt grow, and four 10,000 to 15,000 watt grows. Some of them in industrial warehouses, some of them in residential basements. I'm guessing those might just be for more than just personal use. If you are an MMJ patient, and you have caregiver status for enough patients, game ON.
BTW, local legislators are discussing placing a 5 patient limit on how many patients a single caregiver can have.
I hope this was a little helpful. If you're asking this question I assume that MM is legal in Oregon, and you have legal dispensaries available to you. I guess the shortest answer to your question is "get your MMJ cert, make appointments with your local dispensaries, tell them you would like to be a caregiver, and find out how to get caregiver status for other patients". Dispensaries differ greatly, talk to them all. Good luck, go green.
