cannabisnews.com: Caregiver Must Do More Than Provide Marijuana





Caregiver Must Do More Than Provide Marijuana
Posted by CN Staff on November 30, 2008 at 08:14:41 PT
By Thadeus Greenson, The Times-Standard 
Source: Times-Standard 
CA -- A recent California Supreme Court ruling out of Santa Cruz adds a bit of clarity into the often murky world of the state's medical marijuana laws, but some worry the ruling could leave some patients facing more challenges accessing their medications. The court's unanimous ruling upheld a Santa Cruz County Superior Court jury decision that found medicinal marijuana user and care provider Roger Mentch guilty of possessing and cultivating marijuana for sale. 
In issuing the ruling, the Supreme Court determined that, in order to qualify as a primary caregiver, one must do more for a patient than provide them with marijuana. Mentch, 53, was arrested in 2003 and charged with cultivation of marijuana and possession with intent to sell after a teller at Monterey Bay Bank noticed Mentch had deposited almost $11,000 in cash, mostly in small bills, over a a two-month period, according to court documents. The teller also noticed that Mentch's cash often reeked of marijuana, sometimes to the point that the smell filled the bank, forcing it to remove the currency from circulation. After the teller filed a suspicious activity report with the local sheriff's office, an investigation was launched that found hundreds of marijuana plants growing in Mentch's home, prompting his arrest. Mentch claimed he was growing the marijuana for himself, a medical marijuana patient, as well as five others, all of whom had medical marijuana prescriptions, and that he didn't profit from his marijuana growing operation. But, during Mentch's trial, a judge ruled against instructing the jury on the affirmative primary caregiver defense for marijuana possession and cultivation. After being convicted on both offenses, Mentch appealed and an appeals court reversed both convictions. Then, the Supreme Court granted a review in order to address the meaning of a “primary caregiver,” which Senate Bill 420 defines as an individual designated by a qualified patient who “has consistently assumed responsibility for the housing, health, or safety of that patient.” In affirming Mentch's convictions, the Supreme Court ruled that in order to qualify as a primary caregiver under California's Compassionate Use Act, Proposition 215, Mentch would have had to assume the responsibility for a patient's housing, health, or safety, or some combination of the three, in addition to providing them with marijuana. ”There has to be something more to be a caregiver than simply providing marijuana,” the Supreme Court ruling quotes the trial judge as saying. “Otherwise, there would be no reason to have the definition of a caregiver, because anybody who would be providing marijuana and related services would qualify as a caregiver, therefor giving them a defense to the very activity that's otherwise illegal, and I don't think that makes any sense in terms of the statutory construction, nor do I think it was intended by the people or the Legislature.” While the lasting implications of Mentch's case are hard to decipher, advocates on both sides of the issue agree its short-term result will likely be more patients seeking to get their medical marijuana from patient cooperatives instead of from individual suppliers. ”Ideally, (the court ruling) won't have a tremendous effect,” Joseph Elford, a lawyer for Americans for Safe Access, a pro-medical marijuana group, told the San Francisco Chronicle. “Patients will now increasingly get their medication through collectives and cooperatives.” But, local attorney Greg Allen said he thinks that might be an overly city-oriented way of looking at things, as areas like the San Francisco Bay Area and Los Angeles have a huge number of cooperative dispensaries, while more rural areas of the state don't have any. ”It was completely viewed with Los Angeles or Bay Area eyes,” Allen said. “If you live in Alpine County, what good does it do you if everything's channeled through cooperatives in Humboldt County, Los Angeles and the Bay Area?” Careful to say he'd only read a summary of the decision and not the court ruling itself, Allen said he has some other concerns as well. Because many cooperatives don't grow all the marijuana they sell or give out, they often rely on buying cannabis from individuals, like Mentch, who grow in their homes as caregivers and sell excess marijuana to dispensaries. If these “caregivers” aren't allowed to grow, Allen wondered, will that result in a shortage at the dispensaries? If dispensaries bulk up their growing operations to make up for the possible shortage, Allen asked, will that make them a more likely target for federal raids? The ruling might also completely change the caregiver landscape, Allen said, as medical caregivers may now be expected to grow marijuana in addition to their other duties. For a profession that often garners minimum wage, locally at least, Allen said that's a lot to ask. ”Let's just say (the Supreme Court) didn't miss by a little bit on this, they missed by a whole lot,” Allen said. What this all means for the hordes of Humboldt County grow houses with 215 recommendations on the walls remains to be seen. Arcata Police Chief Randy Mendosa said the court's ruling provides some relief for law enforcement, but likely won't directly change anything his police department does. ”Any time we can get some clarity on Prop. 215 we think that's a good thing for everyone involved,” Mendosa said. But, because grow houses are generally the province of the Humboldt County Drug Task Force and the District Attorney's Office, Mendosa said those agencies, and not APD, are the ones who will have to decipher exactly what the ruling means on the North Coast. ”To me, this is a charging issue,” Mendosa said. Deputy District Attorney Maggie Fleming, who handles the bulk of the district attorney's drug cases, and a spokesperson for the Humboldt County Drug Task Force were not available to discuss the court ruling by the Times-Standard's deadline. Where Mendosa sees more clarity, Allen sees the Supreme Court's decisions as further muddying the waters that Senate Bill 420 aimed to clarify. ”Frankly, (S.B. 420) made order out of chaos. Now, it seems the Supreme Court is trying to move us back into chaos again,” Allen said, adding that this is just the latest in a string of the court's rulings against the rights of medical marijuana patients. ”How is this ruling consistent with providing patients with consistent and affordable access to their medications?” Allen asked. Complete Title: CA Supreme Court: Caregiver Must Do More Than Provide MarijuanaSource: Times-Standard (Eureka, CA)Author: Thadeus Greenson, The Times-Standard Published: November 30, 2008Copyright: 2008 MediaNews Group, Inc. Contact: editor times-standard.comWebsite: http://www.times-standard.com/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #38 posted by Hope on December 02, 2008 at 21:02:02 PT
Now...
How many people will see it and what effect will it have, if any?Since National Geographic had the nerve to be pretty honest... will other media be brave enough?I hope so.
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Comment #37 posted by FoM on December 02, 2008 at 20:53:48 PT
BGreen 
I thought it was well done. This is the first documentary where cannabis has been the center of attention in my opinion.
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Comment #36 posted by BGreen on December 02, 2008 at 20:17:35 PT
I watched all three shows tonight
Only the dumbest of the dumb could EVER equivocate cannabis with heroin or meth after watching these shows tonight.The one thing they didn't show on Marijuana Nation that they showed repeatedly on the other two shows is anybody whose life was controlled, ruined and destroyed by the topic of the show. The only threat shown was the threat we all deal with ... irrational and insane cops with guns.Lisa could have pointed out that people are growing on public lands because the cops took so many people's houses and land for growing a few plants, so people stopped growing on their own property so it couldn't be seized.Lisa could also have not blamed medical marijuana for increasing prices when a plant that could be grown in every garden would be monetarily worthless.In other words, prohibition should have been on trial, but I guess they only had an hour show.I LOVED seeing all of those plants and buds!The Reverend Bud Green
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Comment #35 posted by Hope on December 02, 2008 at 20:11:34 PT
The ending... with the seeds
and what they said, was very poignant. 
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Comment #34 posted by FoM on December 02, 2008 at 20:08:12 PT
Marijuana Nation
They showed how pretty cannabis is. They showed the reason people use cannabis. At the end showing the seeds and saying what would you do if someone gave you seeds that could do all the good things they mentioned. An excellent closing point.
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Comment #33 posted by FoM on December 02, 2008 at 20:05:03 PT
Best Xmas Tune? Willie and Colbert's Ode to Weed
http://blog.wired.com/music/2008/12/is-willies-ode.html
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Comment #32 posted by Hope on December 02, 2008 at 20:03:13 PT
Well...
That wasn't so bad.Maybe even a few people will see it and think about what's going on a little more rationally than they have before.Maybe.It wasn't the regular reefer madness stuff, for sure.
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Comment #31 posted by FoM on December 02, 2008 at 20:01:49 PT
fight_4_freedom
I thought the whole documentary was very good. 
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Comment #30 posted by fight_4_freedom on December 02, 2008 at 19:34:44 PT
This show is a very good thing for the 
medical marijuana movement. Finally a marijuana show on T.V. that shows some truth.
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Comment #29 posted by fight_4_freedom on December 02, 2008 at 19:16:33 PT
So far so good
I loved how the Canadian grower emphasized the fact that you can have as many as you want with no chance of an overdose.
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Comment #28 posted by FoM on December 02, 2008 at 19:14:38 PT
Just an Early Comment
It is very good so far. I'm impressed.
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Comment #27 posted by FoM on December 02, 2008 at 18:57:21 PT
fight_4_freedom
I agree that they should leave cannabis consumers alone.
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Comment #26 posted by fight_4_freedom on December 02, 2008 at 18:53:45 PT
These shows go to show
that our law enforcement should be using it's resources to stop the heroin and meth epidemic, while at the same time leaving the cannabis consumers to be free.
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Comment #25 posted by FoM on December 02, 2008 at 18:47:34 PT
Hope
The young man and woman broke my heart in the Heroin program. Shooting up in the Park. I hope they are still alive.
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Comment #24 posted by Hope on December 02, 2008 at 18:43:25 PT
Marijuana Nation
shows on my TV... Dish... to have been made in 2008. The methamphetamine was, I believe, not looking at it now, was made made in 2006 and the heroin one in 2007.I couldn't watch them either. But I'm going to watch Marijuana Nation, of course.One think I will say about the little bit I watched of the heroin one is that those people should be helped, and I mean really helped... not just locked up. The Swiss program sounds like the best way.
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Comment #23 posted by fight_4_freedom on December 02, 2008 at 18:16:23 PT
Maybe after people watch these shows
they will all truly see the enormous difference between cannabis and hard drugs. I mean, most people already know the difference but there are some who have no clue. I'm actually glad they have these two shows on right before Marijuana Nation.
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Comment #22 posted by FoM on December 02, 2008 at 18:01:05 PT
fight_4_freedom
Thank you. When I realized I had seen the heroin program before I became almost sure I've seen the Methamphetamine program already too. The Methamphetamine program was also very intense. I'm not watching them tonight. I'm waiting for Marijuana Nation.Thank goodness marijuana stands alone.
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Comment #21 posted by fight_4_freedom on December 02, 2008 at 17:50:52 PT
I just saw a very enticing commercial for 
Marijuana Nation. It said that it will Premiere tonight at 10:00 pm. So it sounds like this is a brand new show.
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Comment #20 posted by fight_4_freedom on December 02, 2008 at 17:40:04 PT
I would like to know that as well...
I hope this is the first time it's airing now that I'm all excited about it :)
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Comment #19 posted by FoM on December 02, 2008 at 17:29:46 PT
Just a Question
I saw the program on heroin before. Is Marijuana Nation being aired for the first time does anyone know?
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Comment #18 posted by fight_4_freedom on December 02, 2008 at 16:59:44 PT
I'll have my popcorn ready
The Montel interview that is located below the Marijuana Nation video is also a must see. I can't believe that I haven't watched it before. Montel is a great spokesperson for our movement.
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Comment #17 posted by FoM on December 02, 2008 at 16:39:10 PT
fight_4_freedom
Here's another video from Marijuana Nation.http://video.msn.com/video.aspx?mkt=en-us&vid=b3d7c0cb-e9db-4af3-b57f-1d3f143ee91a&from=&fg=rss
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Comment #16 posted by fight_4_freedom on December 02, 2008 at 15:05:36 PT
It doesn't look too bad after seeing this clip
http://www.youtube.com/watch?v=XgZvoWlvoyUIt shows Marc Emery at his shop in Canada. 
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Comment #15 posted by FoM on December 02, 2008 at 13:03:20 PT
Hope
The little bit I have seen on this marijuana special doesn't seem all bad. I won't enjoy watching the programs on heroin and meth though. 
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Comment #14 posted by Hope on December 02, 2008 at 12:47:17 PT
FoM
I hope you're right.
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Comment #13 posted by FoM on December 02, 2008 at 12:14:34 PT
Hope
The two documentaries before Marijuana Nation should be good too. If they show hard drugs in a true light marijuana will have to stand alone. I think Marijuana Nation will show how different marijuana is compared to heroin and meth.
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Comment #12 posted by Hope on December 02, 2008 at 11:45:24 PT
One reason I'm very suspect of Marijuana Nation
is that, according to their schedule, it is to be immediately preceded by an hour long special about methamphetamine, and immediately before that, one about heroin, and followed immediately by Gun's in America, which I'm sure at one point, on their site was also referred to as Gun Nation. When I checked their site the other day, I'm sure they called the heroin special, "Heroin Nation". It's not called that, now. It's called "Heroin Crisis" now.But maybe it will be fair. We'll have to wait and see. I'm more or less expecting the usual, and undeserved, "beating" though. 
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Comment #11 posted by FoM on December 02, 2008 at 11:05:13 PT
fight_4_freedom
I think this documentary will upset people who want legalization immediately but many people know change comes slowly. Society is getting closer to becoming tolerant of marijuana use. The fact that this will be on National Geographic says we are becoming mainstream. 
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Comment #10 posted by fight_4_freedom on December 02, 2008 at 10:56:59 PT
Hope
It's good to hear from you guys as well. This place puts me in a place of peace. I really missed it!I had to get a new power supply for my pc. I think it went bad from all the accidental shut-offs.I have also been working a lot, trying to save up some extra cash so that I can move out into my own apartment. My mom just recently got back together with her high school sweetheart, so she doesn't really need my help anymore. That looks like a really good site that you posted Hope, I think I'll join later and see what it's all about.FoM- Good to hear you had a nice Thanksgiving. I am also looking forward to watching "Marijuana Nation" tonight! Like Hope was saying, I hope they don't "beat us up" during this show like they normally do.It shall be interesting either way! 
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Comment #9 posted by FoM on November 30, 2008 at 20:21:46 PT
fight_4_freedom
It's good to see you. We had a nice Thanksgiving. We watched Roasted too. I'm looking forward to Marijuana Nation on National Geographic on Tuesday. The pictures show the governments Mississippi Farm on NG. I'm glad you got your PC fixed. 
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Comment #8 posted by Hope on November 30, 2008 at 19:55:17 PT
This site should be of interest to some of you.
http://www.patientslikeme.com/PatientsLikeMe.ComIt's about patients with various illnesses doing studies themselves.Yes... Cannabis is mentioned. I've already seen it mentioned at the MS section.It's a very interesting site.
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Comment #7 posted by Hope on November 30, 2008 at 19:51:44 PT
Fight_4_Freedom
Well there you are!I've been wondering where you were.Good to hear from you.
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Comment #6 posted by fight_4_freedom on November 30, 2008 at 19:43:32 PT
"Roasted" watching "The Roast"
And I thought of you guys :)I hope all is well! I haven't posted in a while. I had a problem with my pc for a while but had it taken care of.I hope you ALL had a wonderful thanksgiving weekend!We are getting our first snowstorm of the year. It has been snowing steadily for the last 6 hours now. So beautiful, but horrible to drive in. Happy Holidays Everyone!
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Comment #5 posted by FoM on November 30, 2008 at 17:32:51 PT
Off Topic: A Little Comic Relief
Tonight at 10 ET on TBS they will air Cheech and Chong Roasted. I thought others might like to check it out too.http://www.tbs.com/movies/movietitle/0,,%7C%7C744785,00.html
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Comment #4 posted by Storm Crow on November 30, 2008 at 17:14:36 PT
Can you "see" the "Soap Opera"?
A busted caretaker immediately proposing to his patient to avoid jail! Gotta happen!
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Comment #3 posted by FoM on November 30, 2008 at 13:10:50 PT
Supporters Ask For Consideration Of MMJ Law
South Dakota -- Supporters Ask For Consideration Of Medical Marijuana LawNovember 30, 2008http://www.chadrad.com/newsstory.cfm?story=12384
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Comment #2 posted by FoM on November 30, 2008 at 09:14:10 PT
OT: Swiss Say No To Legal Cannabis 
Swiss Say No To Legal Cannabis but Yes to Prescription HeroinNovember 30, 2008http://www.earthtimes.org/articles/show/244056,swiss-say-no-to-legal-cannabis-but-yes-to-prescription-heroin.html
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Comment #1 posted by HempWorld on November 30, 2008 at 08:51:07 PT
Clearly, the will of the people overturned by the
higher court. A very sad day, a subversion of democracy and the will of the people. No wonder we are getting nowhere in the US when in the Netherlands you can get it at the pharmacy where it belongs!How about compassion? How about Democracy?
On a mission from God!
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