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socrateaser
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Medical marijuana question for Washington/Oregon area. Can

Resolved Question:

Medical marijuana question for Washington/Oregon area.
Can a grower/producer LEGALLY allow friends to come over and help trim buds at the end of a harvest if that grower/producer requests help. Not sure if I am giving you enough information.
Submitted: 10 months ago.
Category: Estate Law
Expert:  socrateaser replied 10 months ago.
Hello,

Under ORS 475.304, the person who grows marijuana under the act is either, "a designated primary caregiver who grows marijuana for the cardholder or a person who is responsible for a marijuana grow site."

The term, "responsible" suggests that such a person can employ others to assist in the growing and harvesting of the marijuana crop. There is no specific law prohibiting the responsible person from employing others in the growsite operation. And, where no law prohibits something, what remains is lawful activity.

Consequently, there is no Oregon law that would prohibit the responsible person from using friends to harvest the marijuana.

Under RCW 69.51A.010 (1) "Designated provider" means a person who: (a) Is eighteen years of age or older; (b) Has been designated in writing by a patient to serve as a designated provider under this chapter; (c) Is prohibited from consuming marijuana obtained for the personal, medical use of the patient for whom the individual is acting as designated provider; and (d) Is the designated provider to only one patient at any one time.

RCW 69.51A.085 (2), provides, "For purposes of this section, the creation of a 'collective garden' means qualifying patients sharing responsibility for acquiring and supplying the resources required to produce and process cannabis for medical use such as, for example, a location for a collective garden; equipment, supplies, and labor necessary to plant, grow, and harvest cannabis; cannabis plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of cannabis plants."

Given that the above law provides that it is lawful for collectively labor to grow and harvest medical marijuana, and that a qualifying patient can delegate these processes to a "designated provider," then it would be highly illogical to conclude anything other than that the patient or provider can employ labor for the purposes of growing and harvesting the medical marijuana crop.

Consequently, there is no Washington law that prohibits a qualifying patient or designated provider from using friends to harvest the marijuana crop.

Obviously, federal law prohibits everything discussed on this page -- so, in fact, no matter how characterized under state law, the answer to the question under federal law is that the entire operation is illegal. However, if we are discussing only state law, then there is nothing in the law to prohibit assistance of employees or friends, as long as they are under the supervision of the persons who are legally registered to take responsibility over the marijuana crop.

Please let me know if my answer is helpful, or if I can provide further clarification or assistance.

And, thanks for using justanswer.com!
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 34097
Experience: Retired (mostly)
socrateaser and 6 other Estate Law Specialists are ready to help you
Customer: replied 10 months ago.

Smileawesome man thank you very much!!!

Expert:  socrateaser replied 10 months ago.
You're welcome.
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 34097
Experience: Retired (mostly)
socrateaser and 6 other Estate Law Specialists are ready to help you

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