rdecosta88
New Member
[FONT=Verdana, Arial, Helvetica, sans-serif]CAREGIVERS:[/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]A "primary caregiver" is narrowly defined under Prop. 215 to be "the individual designated [by a legal patient] who has consistently assumed responsibility for the housing, health, or safety of that person." The law does not explicitly allow for multiple caregivers. [/FONT][FONT=Verdana, Arial, Helvetica, sans-serif]While caregivers may serve more than one patient, a new provision in SB 420 has made it illegal for them to have more than one patient outside their own "city or county." While the constitutionality of this provision is debatable (not only does it seem to override Prop. 215, but the restriction to a single "city or county" is ambiguous) prospective caregivers should beware of trying to serve large geographical areas. [/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif] In general, the courts have held that cannabis clubs cannot serve as legal "primary caregivers" for large numbers of patients. Some persons have claimed caregiver status while growing for multiple numbers of patients on the theory that they are providing for their patients' health or safety. This defense has been successful in court for caregivers growing for small numbers of patients. However, it was explicitly rejected by a state court of appeals in the Peron decision, where the court held that Peron's San Francisco Cannabis Buyers' Club could not reasonably claim to function as a "primary caregiver" for its 8000 clients. [/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]In general, medical cannabis providers who cater to walk-in clients should not hope to rely on the caregiver provision. Caregiver growers should limit themselves to a select membership list of local clients whom they personally know and who do not have other caregivers. Within these constraints, SB 420 allows caregivers to be compensated for the costs of their services, but does NOT specifically authorize distribution or cultivation for profit.[/FONT]
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[FONT=Verdana, Arial, Helvetica, sans-serif]A "primary caregiver" is narrowly defined under Prop. 215 to be "the individual designated [by a legal patient] who has consistently assumed responsibility for the housing, health, or safety of that person." The law does not explicitly allow for multiple caregivers. [/FONT][FONT=Verdana, Arial, Helvetica, sans-serif]While caregivers may serve more than one patient, a new provision in SB 420 has made it illegal for them to have more than one patient outside their own "city or county." While the constitutionality of this provision is debatable (not only does it seem to override Prop. 215, but the restriction to a single "city or county" is ambiguous) prospective caregivers should beware of trying to serve large geographical areas. [/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif] In general, the courts have held that cannabis clubs cannot serve as legal "primary caregivers" for large numbers of patients. Some persons have claimed caregiver status while growing for multiple numbers of patients on the theory that they are providing for their patients' health or safety. This defense has been successful in court for caregivers growing for small numbers of patients. However, it was explicitly rejected by a state court of appeals in the Peron decision, where the court held that Peron's San Francisco Cannabis Buyers' Club could not reasonably claim to function as a "primary caregiver" for its 8000 clients. [/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]In general, medical cannabis providers who cater to walk-in clients should not hope to rely on the caregiver provision. Caregiver growers should limit themselves to a select membership list of local clients whom they personally know and who do not have other caregivers. Within these constraints, SB 420 allows caregivers to be compensated for the costs of their services, but does NOT specifically authorize distribution or cultivation for profit.[/FONT]
http://api.msappspace.com/apprendering/104283/canvas/render.app#
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