peer to peer questions

know i know about the laws about service centers and i know you cant sell to ppl if you have your card and your not a caregiver but say my best friend has his card and i just give him a small amount for free is that legal or illegal just would like to know, thanks
 

DemonTrich

Well-Known Member
illegal by the new word of the law. the ONLY way its legal, is if he/she is your designated caregiver/patient on your MMMP cards/21 day paperwork with copy of cashed check.
 

DemonTrich

Well-Known Member
Legal for him to receive them. Illegal for you to give him any.

Hows that for screwed up?
im sorry, but your information is wrong. its is ILLEGAL for anyone to transfer ANY meds unless he/she is his/her designated caregiver/patient ONLY (and such documents prove so--mmmp cards, paperwork. that IS the LAW that was passed this past April. NOW, here is where it gets tricky, its NOT the buyer who can go to jail or in a lot more trouble, its the seller that gets the hit if theres a problem with LEO. this is the reason ive not made it to the gc3 (sp) to sell my overages. and until the laws work back in our favor, I wont go near them.
 

GregS

Well-Known Member
Alternately, you can use this. It is not intended as legal advice, and should be considered by an attorney at law before use. It may be used in any circumstance where protection under the law is wanted by a patient or caregiver, registered or unregistered. You will not need the supporting documents because the patient, your friend, has a card.



Patient/Caregiver Agreement to Engage in the Medical Use of
marijuana

I,______________________________________, swear and affirm that I am a patient under the Michigan Medical marijuana Act, Initiated Law 1 of 2008.

__Dr._____________________________, a physician authorized under Part 170 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17084, or an osteopathic physician under Part 175 of the public health code, 1978 PA 368, MCL 333.17501 to 333.17556, physician license I.D. number____________________ ,has stated that in the physician's professional opinion, on or about (date)___________________________, and after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, that I am likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the debilitating medical condition or symptoms associated with the debilitating medical condition (copy attached) .

Or:

__A registry card duly issued by the State of Michigan Department of Licensing and Regulatory Affairs (LARA) , number______________________(copy attached), has been issued to me which attests to a physician's recommendation that in the physician's professional opinion, and after having completed a full assessment of my medical history and current medical condition made in the course of a bona fide physician-patient relationship, I am likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the debilitating medical condition or symptoms associated with the debilitating medical condition.

I hereby designate_______________________________ as my caregiver under that law, and agree to conform to the Act in the medical use of marijuana.

I, ______________________________________, swear and affirm that I am at least 21 years of age and have agreed to assist with the above named patient's medical use of marijuana. I have not been convicted of any felony within the past 10 years and have never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.


Confidentiality: Each party agrees and undertakes that it shall not, without first obtaining the written consent of the other, disclose or make available to any person, reproduce or transmit in any manner or use (directly or indirectly) for its own benefit or the benefit of others, any Confidential Information, save and except that both parties may disclose any Confidential Information to their legal advisers and counselors for the specific purposes contemplated by this agreement. Presentment or disclosure of this information is not prohibited as required by law or in any prosecution pertaining to the medical use of marijuana.

For the purpose of this Agreement, Legal advisers and counselors shall mean, with respect to any party, any person licensed to practice at law, or any paralegal, legal assistant, or other person directly supervised by an attorney at law who is ultimately responsible for any and all work product.


Subscribed and sworn before me this date: ____________________________


Patient sign here: _________________________________

Subscribed and sworn before me this date: ____________________________

Caregiver sign here: ________________________________

/s/_________________________________

Print Notary Name: ________________________________

Notary public, State of Michigan, County of _____________________

My commission expires ___________________

Acting in the County of ___________________


Supporting documents are here: https://sites.google...attredirects=0, and here
https://sites.google...?attredirects=0
 

GregS

Well-Known Member
Meet your friend at your or his/her bank. Notary services are free to their customers. And have your friend buy you a cuppa coffee while you're in town. Once this document is executed, it will remain in effect as long as that patient continues to treat for their medical condition, but it is probably best to update it every couple of years.
 

DemonTrich

Well-Known Member
greg, that looks nice and all, but itys not gonna hold up with leo and the MMMP. its not a state issued, verified, acknowledged document. you, nor the other person get a legal MMMP caregiver patient card from this form. that's the only way your 100% legal is with the MMMP issued cards, not a form that you and someone else sign w/o it being mailed to the LARA office.

unless im mistaken.
 

TheMan13

Well-Known Member
Is the amount you pay for legal interpretation important? Note that the Michigan Court of Appeals P2P opinion is derived from a civil matter in reference to a city's legal use of public nuisance statutes to simply ban dispensaries locally. It is here that they chose to opine on the criminality of P2P and NOT C2C or C2P. That lacks any integrity IMO I cannot respect this decision just as I cannot respect their Carruthers decision. I suggest reading the law and then taking a good look at all the retail establishments providing MJ across this state since day one. Can you deduce the legality of a dispensary within the law or these CoA opinions? Is the amount you pay for legal interpretation important?

[video=youtube;gbEwHJX95QE]http://www.youtube.com/watch?v=gbEwHJX95QE[/video]
 
yeah i was just going to help him out but if its not cool then its all good,he has plenty of other ppl that he can get it from, thanks for the info id rather be safe then sorry dont want to loose my card over something small and stupid
 

DemonTrich

Well-Known Member
im sure that if your a card(s) holder and get arrested for an MJ crime, you will forfeit your medical card(s). im sure its somewhere in the fine print.
 
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