Washington State MMJ Loophole?

Discussion in 'Marijuana Legalization' started by DankBudz63, Aug 28, 2011.

  1. #1 DankBudz63, Aug 28, 2011
    Last edited by a moderator: Aug 28, 2011
    http://www.aclu-wa.org/sites/default/files/attachments/Medical-Use-of-Cannabis-Act-Brochure.pdf


    1. A patient can also be another patient's "Designated Caregiver"
    2. A designated caregiver can only legally be so for one patient
    3. A plant is any stage of growth (no clone, seedling, or number of leaves exclusion)
    3. A patient cannot exceed twice the limit (24oz / 15 plants is the "60 day supply" limit)

    So based on those points, if both my roommate and I had our MMJ authorizations and designated each other as the other person's caregiver, couldn't we legally have 60 plants, 30 plants each?

    In other words, as another person's designated caregiver I can have twice my limit and so can my patient/caregiver.




    The only thing I could think of preventing this from standing up in court is the reasoning behind the designated caregivers (the patient is incapable of caring for themselves), though I've found no legislation outlining this intent, making me think its a little loophole

    Here's a link to the revised code of washington (MMJ part) as well... all the definitions and details but no specific clause stating the caregiver or patient must prove the necessity of their arrangement:
    Chapter 69.51a RCW: Medical marijuana


    Thanks
     
  2. sounds like a quick ticket to getting your shit confiscated/legal problems
     
  3. Patients may grow medical marijuana for themselves or designate a provider to grow on their behalf.
     
  4. ^Russy's got it
    Also this an individual that doesn't have a mmj card can only be a caregiver to one person but an individual with a mmj card can have theirs and be a caregiver for someone thus making it possible to have 30 plants
     
  5. #5 DankBudz63, Aug 28, 2011
    Last edited by a moderator: Aug 28, 2011

    so if both of us are each others caregivers.... 30 + 30 = 60 :smoke:



    got a link to the RCW section that has the "or" in it?



    edit: yeah, I get that "my" 15 plants that I let another patient grow do not become 15 mine and 15 theirs, but on paper if we were each others' designated caregivers, it would give us each a valid but conflicting legal defense.... and of course this isn't a good idea to test that's why I'm asking - out of curiosity.
     
  6. 65.51A.010
    Definitions

    (d)Is the designated provider to only one patient at any one given time.
     
  7. Each one of you however can get another person to designate you as their caregiver. Or you could move to a dif location take his card and give him yours, as long as both places aren't hit at once your golden.
     
  8. #8 DankBudz63, Aug 28, 2011
    Last edited by a moderator: Aug 28, 2011
    That first thing I read said you can be a caregiver and a patient, but not exceed caring for one patient and you cannot exceed twice the limit (i.e. yours plus theirs)... I guess what I'm disregarding is the distinction between protection from prosecution of particular plants and protection from growing X number of plants.... too high and lazy to explain this better haha

    That's more what I'm thinking I guess... of course, that would also require two different grow locations.
     
  9. Yeah you can be a patient and a caregiver
     

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