Becoming a Legal Caregiver
Health and Safety Code 11362.5, the California medical marijuana
law, protects patients and their primary caregivers from prosecution
for marijuana law violations. By state law, a designated caregiver
is allowed to possess, manufacture, and provide marijuana,
in all its varieties and forms, for the patient in his/her care. The
caregiver is not allowed to use this marijuana for his/her personal
use, nor can s/he provide this medicine to non-qualified patients.
There is no official registration system to become a caregiver for
a medical marijuana patient, so it is a good idea to draft an
agreement yourselves. This can be an oral or written agreement
in which the patient designates you as his/her “primary caregiver.”
A sample agreement can be found at:
www.AmericansForSafeAccess.org/CaregiverAgreement
At this time, you should discuss the needs of your patient, related
to both medical marijuana and other care, decide a plan of
action, and then get to work.
The role of caregiver is more clearly defined in the law’s text as
an “individual designated by the person exempted under this section
who has consistently assumed responsibility for the housing,
health, or safety of that person.” The courts have strictly construed
this definition to require caregivers to assist patients in
matters of personal health and well-being beyond the mere provision
of medical marijuana.
Obtaining Medical Marijuana for Qualified
Patients
Even though the CUA encourages “federal and state governments
to implement a plan to provide for the safe and affordable
distribution of marijuana to all patients in medical need of marijuana,”
no such well-defined plan exists. Until such time as it
does, patients may use collectives or cooperatives to obtain their
medicine. SB 420 explicitly allows for medical marijuana collectives
and cooperatives, and nothing in state law prohibits collectives
and cooperatives from dispensing as part of their operation.
The following models have developed since the passage of the
CUA and SB 420:
1. The Cooperative Model seeks to combine the efforts of
patients and caregivers, as the two groups work together to educate
the public and grow marijuana. Each individual involved is
expected to give what he or she can to the endeavor. In return,
the cooperative offers its members safe access to medical marijuana,
often at no cost. While caregivers can be part of a cooperative,
none need to participate for a cooperative to be viable. It
should be noted that cooperatives are entities defined by state
law, and that law must be consulted and followed before a cooperative
is formed.
2. The Collective Model is considered very similar to the
Cooperative Model, with the difference being that state law does
not define collectives.
3. The Collective Dispensing Model is perhaps the most commonly
used model across the state. Due to the conflict between
state and federal law, specifically with regard to “distribution,”
ASA encourages caution when implementing such a model. From
a patient’s standpoint, this model is the most simple mechanism
through which the patient can receive medical marijuana. Each
dispensary maintains its own membership of legally qualified
patients, and those members are allowed safe access to marijuana.
A Collective or Cooperative Dispensary with patient services is
a more comprehensive model. Using this model, the dispensary
does not simply provide its members the opportunity to secure
marijuana, but it also offers other services to meet the needs of
the patient’s general well being. At these facilities, health-care
providers may offer services, such as peer counseling, hospice style
care, classes on various topics like cultivation, as well as
other special events benefiting patients.
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Become a Member of ASA!
Your contribution allows us to spend more time working for
patients and less time raising money. Your ongoing support is crucial
to our success! There are three ways to contribute:
1. Online: Visit www.AmericansForSafeAccess.org/Donate
2. By Phone: Call us toll-free at 1-888-929-4367
3. By Mail: Send a check or money order to:
Americans for Safe Access
1322 Webster Street, Suite 208
Oakland, CA 94612
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