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    Legal Forms 

    Published on February 28th, 2010 11:00 AM

    There are gray areas in our law. Two in particular have been addressed, at least in part, through the use of some basic record-keeping documents. These documents do not change the law - they are designed to show a grower's already existing authorization in clear terms for law enforcement or other third parties.

    Grow Sites
    One issue facing caregivers and patients who grow medicine is that the Act does not require a grower to specify where a person's plants are actually located. This can present a challenge to a caregiver who might want multiple grow sites, or to multiple caregivers who wish to co-locate their plants and still have that relationship spelled out in clear terms. Our form is designed to do that for our members.
    By using the MMGA Medical Grow Site form, a caregiver can provide proof of his or her lawful status as a grower without having to require that a physical card be present at the grow site at all times - which may not be possible, as there is only one card issued by the state. Likewise, law enforcement is faced with the daunting challenge of seperating the 5% of the legal, medical marijuana market from the 95% considered illegal. With a set of on-site forms that explain ownership and quantities, law enforcement can quickly see and understand a legal relationship between the plants and the individuals present "at the scene". More importantly, law enforcement can be quickly shown that a lawful site is just that, lawful, even though the relationships between plants and people present at the site can vary from one location to the next.


    Drivers
    Does a person transporting marijuana have to be that specific patient's caregiver? We do not believe so. The Act authorizes patients OR caregivers to assist each other in medical use, which includes transportation and transfer. Clearly, either patients or caregivers should be able to participate in those activities for each other.
    As with a grow site, the MMGA offers forms that explain to law enforcement the legal authorization a person has to be transporting medical marijuana for a specific patient, from a specific caregiver. Should an individual need to provide an explanation for his or her legal authorization to be in possession without physical cards, these forms provide a coherant way to show that relationship.