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The guidelines forcaregivers involves their registration, and the registration of their patients’ primary and secondary medical treatment centers. Primary caregivers must meet a number of requirements.
- The must be a “natural person”. In legal terms, this means an identifiable person, not a corporation, partnership, etc.
- They must be at least 18 years of age.
- They may not have a felony drug conviction.
- They may be an employee of a hospice or nursing facility providing care to an eligible person.
- A primary caregiver can assist no more than five people with their medical use of marijuana.
- A primary caregiver enjoys state immunity from prosecution for possession of quantities of marijuana that fall within the guidelines established by the Department of Public Health.
- No primary caregiver can be penalized for their status as a primary caregiver by an employer or landlord.
- Primary caregivers enjoy immunity while enrolled through the DPH’s registration process for the treatment of patients possessing a valid registration card, as long as they do not possess an amount greater than twenty-four marijuana plants and four ounces of usable marijuana for each qualifying patient they are registered to serve.
IMPORTANT: THERE IS AMBIGUITY IN THE BILL CONCERNING THE AMOUNT OF MARIJUANA A CAREGIVER CAN POSSESS. THE BILL FURTHER STATES THAT A PRIMARY CAREGIVER MAY ONLY POSSESS NO MORE THAN FORTY EIGHT MARIJUANA PLANTS, AND EIGHT OUNCES OF USUABLE MARIJUANA FOR QUALIFYING PATIENTS.
- The fee for a registration card for a caregiver is not fixed – it can be waived or varied depending on the caregiver’s application and their income.
- If a patient selects a primary caregiver, they must provide the DPH with the caregiver’s name, address, and date of birth.
- A caregiver may not provide medical marijuana for a patient under 18 years of age unless they are the patient’s parent guardian or have legal custody.
- Caregivers will be notified by the department within 10 days of a patient changing caregivers.
- All supporting information given to caregivers by patients is considered confidential and protected under HIPAA.