Selling Medical Marijuana to Dispensaries

Amendment 20(18)

Under Amendment 20(18), a patient has three rights:

(1) to possess 2 ounces of medical marijuana;
(2) to cultivate 6 medical marijuana plants; and
(3) if the patient does not want to grow, he/she can appoint one other person to cultivate medical marijuana on their behalf.

The Primary Caregiver

This person is deemed a Primary Caregiver and is assigned the right to cultivate and possess medical marijuana by their patient(s). This is the only legal basis for cultivating medical marijuana on behalf of patients. The assignment of rights to grow and possess medical marijuana is made by the patient and the Primary Caregiver, therefore, is limited to acting with and on behalf of only their own patient(s).

Selling Medical Marijuana

This limits the ability of the Primary Caregiver to provide medical marijuana only to their patient(s). This means that the Primary Caregiver cannot sell medical marijuana to anyone other than their patients, including dispensaries. This also limits the Primary Caregiver business, a.k.a., dispensary, to selling only to the patients who have assigned their rights to cultivate and possess medical marijuana to the Primary Caregiver.

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