Quote Originally Posted by ViridisWellness
While I agree with you that a patient should have the right to go wherever they want for their "caregiver" services, I completely disagree with your analysis here, and I'll begin with this:

1) Your link is broken, but I went on Cannabis U's site and checked out the Patient Campaign. This looks to be an effort within the community (and a good one I think) to try and get the state to accept multiple caregiver nominations per patient. It's what they want the law to be, not necessarily what it is.

From A-20:
??A patient who has not designated a primary caregiver at the time of application may do so in writing at any time during the effective period of the registry identification card, and the primary caregiver may act in this capacity after such designation.?

2) Just because the language in Amendment 20 implicitly gives a patient the option of not nominating caregiver, that is by no means the same as saying that a) they can buy from any dispensary, and b) the dispensary can sell to any patient that comes strolling to their door. Reading the next section from A-20 I think helps explain why I think that's not a smart idea:

(2) (a) ?? ? a patient or primary care-giver charged with a violation of the state's criminal laws related to the patient's medical use of marijuana will be deemed to have established an affirmative defense to such allegation where:

(III) The patient and his or her primary care-giver were collectively in possession of amounts of marijuana only as permitted under this section.?

This language here doesn??t help the dispensaries that are taking the ??de facto/ad hoc caregiver? argument. Primary doesn??t seem synonymous with ad hoc or de facto to me. It seems pretty clear that the spirit of the law is that either a) as a patient, you grow your own, or b) you assign those rights to a caregiver.

But if some non-patient walks into your door and you sell to them, well, you're selling one of your patient's product aren't you? That's the bottom line. You aren't suddenly growing on the spot for this stranger. You're dipping into your actual patient's products, to which they're legally entitled.

So to say that, because Amendment 20 doesn??t force you to choose a caregiver, you therefore can buy from anyone seems like total wishful thinking. It's a big jump, and one in which you may eventually take a big fall for. A safer interpretation would be to assume that the A-20 drafters meant that, if you don??t nominate a caregiver, you??re therefore growing for yourself. No mention of Walgreens is included in A-20, as much as we would like it.

Again, I support this and hope that patients and caregiver end up explicitly receiving this option. But it's not cool coming on here and labeling other dispensary owners liars about it. They're just being safer than you are - Mr. Dispensary Owner. Some could reasonably say that you have a not so altruistic interest in taking such a righteous stand.

Anyway, good luck, and remember - it's usually the fastest car on the highway that gets pulled over.
if a patient can get it anywhere like it says in the law pretty much and your growing for a patient that says they only want 2 oz's a month then that leaves alot of room to sell the rest to others in need?

it still is'nt clear to me how if your a grower you can only have such and such on hand by law per patient.but a shop seems to have so much more than that on hand at all times? if cops walked into a caregivers grow room and he was only allowed 3 in bloom and he had 4 he's going to jail yet shops seems to have much more than they do patients"just guessing about that" and they are good to go? i also have talked to a couple lawyers about this and they said sometimes u can be doing everything legal to the t and leo will and do just walk in and take your shit and or find a way to lock u up.

now i don't know if thats true or if they are just trying to get me to hire them but from what i get from all this is even tho it's legal it's not in the eyes of the leo and they will try to find another way to take u down?not sure has anyone had anything like that happen or leo come to there house and all was good?

my understanding was 2 oz dry and 6 plant count per caregiver/patient?yet i see things like i have a doc note that allows me to grow 20 plants myself.i was told that u may have a docs note but it's still not legal and u will go to jail if leo sees it.who knows im treating it as if it was still completely illegal.:jointsmile: