cannabisnews.com: Court: Pot Not Enough To Qualify as Caregiver Court: Pot Not Enough To Qualify as Caregiver Posted by CN Staff on December 03, 2008 at 09:11:25 PT By Nicholas Grube, Triplicate Staff Writer Source: Daily Triplicate California -- Simply providing medical marijuana to a patient in need does not constitute the legal definition of a primary caregiver and therefore does not make a person immune from prosecution, according to a recent California Supreme Court ruling.While this unanimous interpretation by the state's high court might make it easier for local law enforcement to combat illegal growers and distributors who use the caregiver title as a guise, it could also make it more difficult for patients to access legitimate medical marijuana providers. "This was an opportunity where the Supreme Court could make a major expansion of the rights of caregivers and chose not to do it," said Chris Conrad, founder of Safe Access Now, an organization devoted to protecting medical marijuana patients and caregivers.With this new ruling, Conrad said there will be a number of medical marijuana patients that will have to go to other sources, such as dispensaries, cooperatives and collectives, to receive their medication.Under California's Compassionate Use Act of 1996, also known as Proposition 215, voters approved the legal possession and cultivation of medical marijuana for patients who had a valid doctor's recommendation for the drug.Also included in the law was wording to protect a patient's primary caregiver from prosecution. This caregiver was defined as someone who "has consistently assumed responsibility for the housing, health, or safety" of the patient.The state Supreme Court reiterated this definition of caregiver when it made its decision on Nov. 24 to overturn the appeal of man who was convicted of growing and selling marijuana.In 2003, Roger Mentch of Santa Cruz County was arrested after bank tellers reported to authorities that he was depositing large sums of cash that smelled of marijuana in his account. This amount totalled nearly $11,000 over two months.When law enforcement searched his home they found 190 plants in various stages of the growth cycle. Mentch told authorities that he was a medical marijuana patient and was a caregiver for five other patients who he sold the drug to and occasionally would take to doctors' appointments.Despite this, Mentch was charged with cultivation of marijuana and possession for sale.He was convicted of these charges, but during the proceedings the judge refused to let the jury determine whether Mentch was a caregiver.This decision was overturned by an appeals court that stated the jurors should have been allowed to decide on Mentch's status as caregiver.But on Nov. 24, the state Supreme Court again flipped the case over, siding with the original trial judge.The opinion, written by Justice Kathryn Mickle Werdegar, states, "a defendant asserting primary caregiver status must prove at a minimum that he or she (1) consistently provided caregiving, (2) independent of any assistance in taking medical marijuana, (3) at or before the time he or she assumed responsibility with medical marijuana."Some examples Werdegar gave included live-in nurses, hospice care workers and spouses or relatives who took care of patients before the use of medical marijuana to treat ailments."The (Compassionate Use) Act allows them, insofar as state criminal law is concerned, to add the provision of marijuana, where medically recommended or approved, as one more arrow in their caregiving quiver," the ruling states.Mentch did not meet the necessary requirements to use this defense, Werdegar said, because he was not a bonafide caregiver under Prop. 215's intentions."The words the statute uses — housing, health, safety — imply a caretaking relationship directed at the core survival needs of a seriously ill patient," Werdegar wrote, "not just one single pharmaceutical need."Del Norte District Attorney Mike Riese said Monday the Supreme Court's ruling eliminates the caregiver defense that is commonly used by people arrested for growing and selling marijuana."This will make it easier to enforce the laws that are on the books," Riese said.Ever since Prop. 215 was passed, he said law enforcement officials have been hampered by the primary caregiver definition, and now the Supreme Court decision clears up that ambiguity."The court's ruling effectively limits a caregiver's defense to people who are really providing a service — be it medical, be it day to day living — and it excludes those people just dispensing marijuana."Source: Daily Triplicate, The (Crescent City, CA)Author: Nicholas Grube, Triplicate Staff WriterPublished: December 2, 2008Copyright: 2008 Western Communications, Inc.Contact: tripnews triplicate.comWebsite: http://www.triplicate.com/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Comment #7 posted by potpal on December 04, 2008 at 07:24:12 PT I, me, mine Okay, I am my own caregiver. How can you refute that. So it must be okay for everyone to grow their own. [ Post Comment ] Comment #6 posted by charmed quark on December 03, 2008 at 18:33:40 PT off-topic cannabis studies I was reviewing available medical trials to see if there was anything that might help my medical condition when I ran across a lot of cannabis medical trials. I was surprised to find that most of them were about marijuana dependency or withdrawal. I had no idea these were such common problems. Then I noticed most of these were sponsored by NIDA! So most of the current medical research in cannabis is studying non-existent or very rare effects of cannabis. Hardly anything studying the useful medical effects.Kind of ticks me off. Nothing changes...http://clinicaltrials.gov/ct2/results?term=marijuana [ Post Comment ] Comment #4 posted by josephlacerenza on December 03, 2008 at 15:26:43 PT Oh My God, Dankhank!!!!!! It is hard to believe that this article leaned the way it seemed to have gone. I thought I would never say this, way to go Fox News!!!!!!!!! [ Post Comment ] Comment #3 posted by Dankhank on December 03, 2008 at 14:54:43 PT if you've seen this, sorry ... repeal dayhttp://www.foxnews.com/story/0,2933,459704,00.html [ Post Comment ] Comment #2 posted by Vincent on December 03, 2008 at 12:29:05 PT: The Supreme Court Ruling Good afternoon to all the staff and regulars at Cannabis News, this is Vincent, the herb aficionado from the Bronx. I just read the article about the Supreme Court ruling and I must critique one of the characters, Specifically, DA Mike Riese. Del Norte District Attorney Mike Riese said Monday "the Supreme Court's ruling eliminates the caregiver defense that is commonly used by people arrested for growing and selling marijuana. This will make it easier to enforce the laws that are on the books" Ever since Prop. 215 was passed, he said law enforcement officials have been hampered by the primary caregiver definition, and now the Supreme Court decision clears up that ambiguity. He sounds as though he is SO PROUD OF BEING AGAINST HUMAN RIGHTS. Well, God will deal with him. Back on earth though, we must make sure we vote against every Conservative that comes down the pike.By the way, I saw the Nat Geo special last night, It was very interesting; especially the part that showed those Neanderthal thugs tearing up the pot farms. God will deal with them too. [ Post Comment ] Comment #1 posted by HempWorld on December 03, 2008 at 09:34:17 PT "This will make it easier to enforce the laws ...& Yes, that's right, that is the bottom line. It's a great time to be a prosecutor or police officer in California!But, why is Marijuana illegal in the 1st place? Because Mexicans smoked it in Texas in 1914. Does anyone die from it? No, but it is illegal anyway, go figure! Meanwile cigarettes are legal and kill 1/2 a million of American every year! GO FIGURE ... On a mission from God! [ Post Comment ] Post Comment