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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
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Experience:  Handle criminal matters in both state and federal courts.
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My daughter, who is on medical marijuana and has a card, wants

Resolved Question:

My daughter, who is on medical marijuana and has a card, wants to grow it for herself. I understand that every local jurisdiction in California has its own rules regarding this. She lives in Sacramento. She thinks that any surplus that she grows can be sold to a cannabis club. This sounds enterprising to me but I want to find out if she might run into trouble with the local laws and regulations if she does so. How do the cannabis clubs get their supplies if someone doesn't grow it? Please advise.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Samuel II replied 7 years ago.



regardless of jurisdiction, one must be a patient to grow medical marijuana. the amount grown has to coenside with the amount the patient consumes. if they grow more than that, they must be a designated caregiver. being a MMP does not automatically qualify for a caregiver




under the law, per the Attorney General's guidelines


B. Primary Caregiver:

A primary caregiver is a person who is designated by a qualified patient and "has consistently assumed responsibility for the housing, health, or safety" of the patient. (§ 11362.5(e).) California courts have emphasized the consistency element of the patient-caregiver relationship. Although a "primary caregiver who consistently grows and supplies medicinal marijuana for a section 11362.5 patient is serving a health need of the patient," someone who merely maintains a source of marijuana does not automatically become the party "who has consistently assumed responsibility for the housing, health, or safety" of that purchaser. (People ex rel. Lungren

v. Peron (1997) 59 Cal.App.4th 1383, 1390, 1400.)

A person may serve as primary caregiver to "more than one" patient, provided that the patients and caregiver all reside in the same city or county. (§ 11362.7(d)(2).) Primary caregivers also may receive certain compensation for their services. (§ 11362.765(c) ["A primary caregiver who receives compensation for actual expenses, including reasonable compensation incurred for services provided to enable [a patient] to use marijuana under this article, or for payment for out-of-pocket expenses incurred in providing those services, or both, shall not, on the sole basis of that fact, be subject to prosecution" for possessing or transporting marijuana].)

Possession Guidelines:

a) MMP

Qualified patients and primary caregivers who possess a state-issued identification card may possess 8 oz. of dried marijuana, and may maintain no more than 6 mature or 12 immature plants per qualified patient.

(§ 11362.77(a).) But, if "a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meet the qualified patient's medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs."

(§ 11362.77(b).) Only the dried mature processed flowers or buds of the female cannabis plant should be considered when determining allowable quantities of medical marijuana for purposes of the MMP. (§ 11362.77(d).)

Customer: replied 7 years ago.
Good partial answer. My daughter wants to know if she can sell surplus marijuana to the cannabis clubs. If so, what kind of licensing do the suppliers to the clubs have to have. Since the general regulations for governing this kind of business is left up to the local jurisdictions, what do Sacramento county and city regulations say about that? Somehow the clubs must get their supplies and I assume that they are operating in a legal fashion so there must be suppliers for the clubs, either the owners or the members or someone outside of them. What regulations apply to that and how does one comply?
Expert:  Samuel II replied 7 years ago.



she needs to contact the clubs for the regulations. and apply through the health deparment and state licensing bureau. it is my interpretation that she cannot be a patient and a caregiver, thereby precluding excess growth of marijuana.

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