Definition of Caregiver for Medical Marijuana Dispensaries

by Salvatore P. Ciulla on July 24, 2014 · 0 comments

in Medical Marijuana, Orange County, Uncategorized

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mmj lawyer Santa Ana CaliforniaUnder California law, medical marijuana may be bought and sold in protected relationships based on medical need. However, in order to keep the protected status of caregiver under California law, you have to operate under certain guidelines.


First, one medical marijuana caregiver can have many patients, but how many is not clear. It is important to have an individual relationship and know your patients personally, even if you operate out of a dispensary with a storefront. Keeping your circle of patients small can help you protect your collective and defend yourself in court if needed.


Second, you are allowed to cultivate a certain number of plants per patient under SB 420. You are limited to 8 ounces of dried buds, or 6 adult plants or 12 immature plants per patient. That means you could have 6 times that if you have six patients, and so on. However, under federal law, cultivation of 100 plants or more carries a 5-year minimum sentence, and some cities such as San Francisco, also have local maximums for pot gardens. It’s best to keep your operation small enough to go unnoticed and just large enough to meet demand.


Third, although delivery is allowed under law, this service is already under attack in many jurisdictions. There are state guidelines for delivery services, but many towns have already banned them, and some are issuing fines of $1,000 a day for those who continue to operate. If you want to start a delivery service, make sure it’s under the domain of a cooperative and is managed by the entire group and now just one person.


The Law Office of Salvatore Ciulla located in Orange County, California, represents individuals accused of murder and manslaughter, aggravated assault, burglary, theft and embezzlement, child abuse and domestic violence, narcotics possession and sales, drunk driving (DUI) and vehicular homicide, sexual assault and three strikes cases. We also take Juvenile Court cases and all misdemeanor offenses.


Our mission is to provide the best legal representation and counsel to all clients. Every client and every case is important. Call us at 714-542-0500 for a free analysis of your case and/or charges, or contact us at SalCiullaLaw.com.

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