Selling Medical Marijuana

There are only two classes of person legally entitled to possess and cultivate medical marijuana: (1) the patient and, (2) if the patient assigns his/her right to cultivate to one other person, the Primary Caregiver. The Primary Caregiver is therefore limited to working only with the patients who designate him/her to be their Primary Caregiver – not anyone who happens to be a medical marijuana patient.

People v. Clendenin

Under the case, People v. Clendenin, the Court of Appeals clarified that a Primary Caregiver must have a personal relationship with their patients and that other daily activity caregiving services must be provided, including meals, housekeeping, grocery shopping, etc. Accordingly, a Primary Caregiver and/or Primary Caregiving business, a.k.a., dispensary, is limited to working only with patients who have assigned them the right to cultivate and possess medical marijuana.

Temporary Caregiver Assignment

This means that any temporary assignment of primary caregiving falls short of constitutional protection. Simply put, you cannot have a temporary personal relationship and you cannot meaningfully provide other caregiving services on a temporary basis. As such, the use of temporary caregiver assignment agreements, found in many dispensaries, have little or no legal basis and, therefore, afford little or no legal protection from prosecution.

Become and Remain Legal

In order to become and remain legal, a Primary Caregiver/Primary Caregiver business must educate the prospective patient about the limited rights afforded to primary caregivers and secure the assignment of primary caregiver-ship BEFORE providing the patient with any medical marijuana.