Who qualifies as a ??primary caregiver??

The Medical Marijuana Act was designed to protect patients from prosecution for medical use of marijuana. However, the new law recognizes that some patients may be in such ill health that a family member or close friend may need to obtain and possess marijuana for that patient. Or a patient may live with someone who could be subject to criminal or civil charges for the patient??s marijuana kept on the same property. In this spirit, so-called ??primary caregivers? to medical marijuana are also exempted from marijuana charges.

The Act defines a primary caregiver as someone who is responsible for the housing, health, or care of the patient. This person must be so designated in writing by the patient. The fact that a caregiver must be responsible for the health, housing or care of the patient could narrow the definition of ??primary caregiver? considerably. Family members, very close friends and roommates of patients will fit this definition most readily.

In short, give careful thought to designating a caregiver or in considering yourself to fit under the new law??s definition. A judge may have to decide each case on its merits.