Specifics Senate Bill 1085 makes some changes in the rules of the Medical Marijuana program. It is vital that folks are clear about what is legal. While some of the changes are simply officially legalizing what many of us have already been doing, like sharing/transporting clones, meds and edibles, several of them are big changes we all will need to adapt to. On the positive side, we have the legalizing of transfer for no consideration between cardholders, protecting transport AS LONG AS one has ones CURRENT, VALID OMMP card on their person and that they are not transporting more than the 24 oz. per patient protected by the law. Not having the OMMP card on ones person or possessing over the limits could subject one to criminal charges. The patient, caregiver or person responsible for the grow site (from now on known as prmg) may collectively possess *24 oz of medicine per patient, *18 seedlings, defined as 12 inches by 12 inches and not flowering. Any plant not meeting all 3 of these criteria will fall under the definition of 'mature plant'. *6 mature plants With the new law, it is the patient who 'owns' the plants, seeds and the medicine and decides where medicine is kept and what is done with any (if any) excess medicine. If the patient decides to 'fire' the caregiver, the caregiver is required by law to hand over the meds/plants, the patients' placard, and the caregiver card for that patient. Refusal to do so could subject the caregiver to a visit from law enforcement to retrieve the patients' property. Clear agreements ahead of time between caregivers and patients can help prevent messy endings. Each patient will receive a placard for the designated garden site and cards for themselves and caregiver/prmg if any. It is the placard that protects the garden. The cards protect the individuals. Without the placard, the garden is not protected. Fired caregivers will know because the patient is required to get the placard back if and when they change caregivers/garden sites. Refusal to return the placard to the patient could result in a visit from Leo to retrieve the patients' property. Moving the garden without the placard could subject the patient/gardener to criminal prosecution. The new law creates a new person, the Person Responsible for the Marijuana Grow site (PRMG). Each patient designates a prmg, who may be him or her self, his or her caregiver or a third party, prmg. A prmg is the person responsible for the garden, not necessarily the gardener and the person to whom leo would look if there were problems. Every garden has a PRMG, whether it is the patient, the caregiver or a PRMG. Patients and caregivers who "are present at" (live at) the grow site can garden for as many patients as they choose. A prmg who is not a patient or a caregiver is limited to 4 patients or caregivers, which we believe translates into 4 gardens at one site with no patients or caregivers 'present'. Patients decide whom their caregiver and or prmg will be. A patient could have both. The caregiver might be responsible for transporting and or administering the meds, possibly growing them at the site away from their home, or the prmg could be the gardener from whom the caregiver gets the meds to transport to the patient or simply the person responsible for the site where the garden is (like a site manager). A criminal background check will be performed on prmgs prior to issuing them a card It is our understanding of the law that a patient or caregiver who is present (lives) at the grow site is not limited in the # of patient gardens they may have at that site. Federal Penalties change significantly at 100 plants. The feds do not recognize OMMA EVERY GROWSITE MUST HAVE A PLACARD TO BE PROTECTED! 4 patients, 4 placards, 10 patients, 10 placards. Along with ownership of the plants comes responsibility for the expenses of the garden. The new law allows for patient to compensate caregivers or prmgs for garden related expenses. Specifically, supplies (like soil, fertilizer, lights, equipment for the garden) and for utilities, like lights and water. The law specifically prohibits reimbursement for labor or rent. Gasoline for traveling is not mentioned. When charging for these things, keep in mind who you would want to own the equipment if the patient decides to move on. If you charge them for it, they could have a claim to it. 24/7 LEDS system is a system with which Law enforcement is required to check to see if a person or an address is protected under OMMA by making a phone call to a secure registry system where they could enter a name, address and or card # to see if it is valid, not valid or pending BEFORE they pay you a visit. In theory, this protects us from unnecessary harassment because they have access to the info 24 hours a day, 7 days a week. 24/7 LEDS will not help you if you are transporting without your card. Patients who are in the hospital or in residential care facilities, with the approval of the facilities, may legally consume cannabis during their stay. Employees of these facilities MAY but are not required to, assist the patients within the limits of the law. They would not be subject to criminal prosecution. Patients would generally need to find some means other than smoking to medicate at the facilities so as not to violate their no smoking policies. While we managed to retain the affirmative defense for non-cardholders who do qualify for the program, we lost the affirmative defense for the cardholder exceeding the limits protected by law (24 oz, 18 seedlings, 6 mature plants per patient).. The reasoning being that by raising the limits from 3 oz and 7 plants to 24 oz, 6 plants and 18 seedlings, most patients who are not in it for the $ would be able to easily meet their needs within these new limits. Patients who are over the limit can still claim the lesser of two evils defense. Meaning that not having the meds in the over the limit amount was a greater risk to the patient than breaking the law. Cardholders who are convicted of mj related offenses after Jan.1,'06, would be prohibited, for a period of 5 years, from growing medicine for themselves or anyone else. If they are a patient, they can still have someone else garden for them. They cannot live at the garden site and cannot possess more than one ounce at a time. Multiple convictions can result in lifetime prohibition from being present at or responsible for a grow site. Fees are going up as of the first of December 2005. 100 dollars for a new or renewal card, 20 dollars for low income. Currently this means folks on SSI and OHP. There is a committee working on expanding the group of folks eligible for low-income fees. It is still illegal to: Smoke cannabis in public Sell cannabis Drive under the influence of cannabis Transfer cannabis to anyone who is not a current cardholder Give cannabis to minors. Your employer is still not required to accommodate your use of medical cannabis. You can get a dui conviction for driving under the influence of cannabis. Click here to go back to [Top].