[ASA Field]

April ASA Legal Tip of the Month
Cultivation with Multiple Recommendations:
Part 1 of 2: The Caregiver Model

As a medical marijuana patient, unless you have a written exemption from your doctor, you should try to cultivate and possess less than your local or county guidelines. The exception to this rule is if you serve as a caregiver for other patients, or, alternatively, cultivate as part of a collective.

Acting as a caregiver has far more stringent requirements than cultivating in a collective. While the current requisites for being a primary caregiver are the subject of a case pending before the California Supreme Court (People v. Mentch), it is likely that the Court will find that a caregiver, in addition to providing medicine, must assist patients in matters of personal health and well-being, which may include: advising on strains, helping patients get to health care appointments, shopping for food and personal care items for home-bound patients, arranging safe housing, helping with rental applications, assisting with a move, organizing social outings and special events, gardening, pet care, household chores and other typical, attendant-style care. It is also helpful to have a signed agreement between the patient and caregiver. As a caregiver, post your signed agreement and all recommendations near your plants and medicine. S.B. 420 also states that you may not serve as a caregiver for more than one patient outside your county.

Note: Many people who think they are caregivers solely by providing medicine likely do not qualify under California law and may wish to consider forming a collective instead.

May ASA Legal Tip of the Month
Cultivation with Multiple Recommendations:
Part 2 of 2: The Collective/Cooperative Mode

As a medical marijuana patient, you may only cultivate enough marijuana for your personal medical use. The exception to this rule is if you serve as a caregiver for other patients, or, alternatively, cultivate as part of a collective. While many patients currently use the caregiver model, it may be more appropriate for them to cultivate collectively.

According to Health and Safety Code § 11362.775, patients may associate collectively or cooperatively to cultivate marijuana for medical purposes without state criminal sanctions. There are many models for medical marijuana collectives, all of which involve members contributing labor, funds, and/or materials, in exchange for a share of the medicine. Unlike the caregiver model, collectives do not require members to demonstrate that they provide for the non-marijuana health needs of other patients.

When forming a collective, all members should sign an agreement and provide their physician’s recommendations (see www.AmericansforSafeAccess.org/LegalFAQ-Civil4 for a template). Post these documents near the collective cultivation site.

Under California law, each qualified patient may cultivate and possess at least 6 mature or 12 immature plants, and 8 oz. of dried marijuana (or a greater threshold in some localities). Therefore, a collective may cultivate and possess these amounts, multiplied by the number of members.

Be aware that marijuana cultivation remains illegal under federal law and, since federal statutory minimum sentences are triggered at 100 plants or 220 lbs. of medicine per cultivation site, you are more likely to attract the attention of federal authorities if you exceed these quantities.

[squatter420]

This is important information for those that are growing in CA and beyond. Growing collectives and patient co-ops are meant to be part of a solution to safe access.

[let_it_be_free_420]

GREAT ADVISE! KEEP UP THE GOOD WORK !!

[JO4EY]

I'm a new patient and impressed with the support available to us from, ASA!

[nugger]

Thanks for the advice & all the work you folks do to inform our community. Keep up the good work :]

[octajon]

great advice, thank you for your work!

[early mornin stoned pimp]

Great info, thank you so much for passing along!

- early mornin' stoned pimp

[Uncle Mike]

Is there a manual or any other information available from ASA for establishing a patient collective as described in the brief?

Thanks!