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Deliverable Description: Essential Information, Fun Fact, Additional
Resources—Medical Marijuana, Rules of Caregivers
Version #
Date
Initials
Description of Change
1
8/13/14
AH
Awaiting review from BS
PUBLIC HEALTH LAW RESEARCH
Making the Case for Laws that Improve Health
LawAtlasSM Policy Surveillance Portal
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RULES OF CAREGIVERS
September 2014
Essential Information
Although marijuana remains illegal at the federal level under the Controlled Substances
Act of 1970, 23 states along with the District of Columbia have recognized the medical
utility of cannabis in the treatment of a variety of diseases and conditions. 1In 1996, the
State of California passed Proposition 215, also known as the Compassionate Use Act
(hereinafter “the Act”), becoming the first state to legalize the medicinal use of marijuana. 2
Along with legalizing the medical use of marijuana for qualifying patients, the Act also
established protections for what it termed “primary caregivers.”3As other states adopted
medical marijuana laws, many have followed the model set out by California. All states
that have legalized medical marijuana have also included protections for qualifying
patients’ primary caregivers.4 This allowance has ensured that qualifying patients could
receive the care they needed without an undue burden or fear of criminal prosecution. 5
Primary caregivers are individuals designated by qualifying patients, who assist patients
suffering from debilitating illnesses in the use of medical marijuana.6 The determination of
who qualifies as a primary caregiver and the restrictions placed on that role constitute the
main differences in policy across the states that have legalized medical marijuana. The
majority of states require that the caregiver designated by a qualifying patient be at least
18 years old.7 Additionally some states require that the potential caregiver have a limited
or no criminal background,8 have a particular professional or personal relationship with
the qualifying patient, 9 and assists no more than a specified number of patients.10
As the laws surrounding medical marijuana have developed, many questions have
emerged regarding the status of caregivers. The principal issues involve establishing
primary caregiver status, determining whether caregivers are at risk of arrest as a result
of their conduct, and limiting the definition of the primary caregiver role to prevent the
creation of a caregiver industry.
1
National Conference of State Legislatures, State Medical Marijuana
http://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx
2
Id.
3
Cal. Health & Safety Code § 11362.5
Laws,
(July
28,
2014).
4
5
Vitaliy Mkrtchyan, Initiative 692, Now and Then: The Past, Present, and Future of Medical Marijuana in
Washington State, 47 Gonz. L. Rev. 839, 844 (2012).
6
Id.
7
See generally, Colorado Department of Public Health and Environment, Caregivers, Colorado Medical Marijuana
Registry Home Page, (Aug. 7, 2014, 10:30 a.m.), http://www.colorado.gov/cs/Satellite/CDPHECHEIS/CBON/1251593017198; How to Be a Medical Marijuana Caregiver, United Patients Group, (Aug. 7,
2014, 10:30 a.m.), http://www.unitedpatientsgroup.com/resources/medical-marijuana-caregivers; State of New
Jersey Department of Health, Caregivers – Do I Qualify?, Medicinal Marijuana Program, (Aug. 7, 2014, 10:35
a.m.), http://www.state.nj.us/health/medicalmarijuana/caregivers.shtml
8
Michigan Medical Marijuana Association, How Do I Become a Caregiver, Caregivers, (Aug. 7, 2014, 10:35 a.m.),
http://michiganmedicalmarijuana.org/page/articles/caregivers/becoming-a-caregiver; see also, Massachusetts
Medical Marijuana Dispenser’s Association, Inc., For Caregivers, http://www.baystatecannabisgrowers.com/forcaregivers.htm
9
See State of New Jersey Department of Health, Caregivers – Do I Qualify?, Medicinal Marijuana Program, (Aug.
7, 2014, 10:35 a.m.), http://www.state.nj.us/health/medicalmarijuana/caregivers.shtml; see also, Massachusetts
Medical Marijuana Dispenser’s Association, Inc., For Caregivers, http://www.baystatecannabisgrowers.com/forcaregivers.htm http://www.baystatecannabisgrowers.com/for-caregivers.htm
10
Id.
PUBLIC HEALTH LAW RESEARCH
Making the Case for Laws that Improve Health
IN 2014 …
23 states and DC have a
law which allows
qualifying patients to
designate a caregiver for
assistance in the use of
medical marijuana.
LawAtlasSM Policy Surveillance Portal
NAVIGATING THE RULES OF CARGIVERS-MEDICAL
MARIJUANA LAWS WEBPAGE
The questions featured on this page focus on the state laws and regulations that govern
caregiver requirements, caregivers’ rights in assisting patients in the use of medical
marijuana, and the protections from arrest afforded to caregivers as a result of their
status.
This collection of medical marijuana laws, however, does not provide legal advice nor
does it address enforcement of laws, administrative policies, case law, or any other
sources of law. Should you have a specific question about medical marijuana laws for
caregivers in your state, please contact an attorney in your jurisdiction.
NAVIGATING THE QUESTIONS
To navigate the questions using the interactive map, click the “Start Here” button to the
right of the map. Twenty-one questions will display aimed at identifying the laws that
establish the qualifications required to become a caregiver, the number of caregivers a
patient may have and the number of patients a caregiver may assist, the amount of
marijuana caregiver may possess and cultivate, and the protections in place for qualifying
individuals.
The first primary question, “State authorizes use of medical marijuana,” asks whether the
state has a law authorizing medical marijuana use for patients. If the answer to that
central question is “No,” then the state has no law authorizing marijuana use for qualified
patients.
If the answer to the first primary question is “yes,” a second primary question, “State
authorizes patient to designate a caregiver,” will appear and asks whether the state has a
law which allows qualifying patients to designate a caregiver to provide assistance in the
medical use of marijuana. If the answer is “No,” then the state has no law authorizing the
designation of caregivers for assistance in the use of medical marijuana. If the answer is
“yes,” then additional questions will appear that address the requirements in each state
law to become a caregiver and to receive the protections granted to caregivers.
The following 11 questions will help you navigate how the law addresses the issues of
caregiver qualification, responsibilities, and immunities. Additional questions will appear
under the primary questions listed below should there be more information available. This
information generally provides greater insight into a certain provision of the law.
The primary questions are:
How long may a caregiver’s registration remain valid?
How many caregivers can a patient designate?
How many patients can a caregiver assist?
What is the minimum age for caregivers?
What type(s) of criminal convictions would prevent an individual from becoming
a caregiver?
6. Are out-of-state caregiver registrations recognized?
7. Are caregivers allowed to cultivate marijuana?
8. Are caregivers allowed to possess marijuana?
9. May caregivers transport marijuana?
10. Are caregivers permitted to charge fees specifically for the provision and
management of medical marijuana other than for reimbursement of reasonable
costs?
1.
2.
3.
4.
5.
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11. Does the state explicitly exempt registered caregivers, in compliance with the
law, from arrest?
ADDITIONAL INFORMATION
To learn about how this data was created, including more detail about the exact methods
used during legal research and coding, please refer to the Research Protocol and the
Codebook. The Codebook provides a list of the questions that were coded, and their
corresponding variable names. The data itself is also available for download into
Microsoft Excel. A Report is also available illustrating some of the significant results from
the dataset. The Research Protocol, Codebook, data, and Report are available for PDF
download on the Medical Marijuana Laws for Caregivers webpage.
For more information relating to medical marijuana caregivers, see our related resources:
PUBLIC HEALTH LAW RESEARCH
Making the Case for Laws that Improve Health
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September 2014
PUBLIC HEALTH LAW RESEARCH
Making the Case for Laws that Improve Health
September 2014
September 2014