PatientsIn addition to a license to possess and purchase medical marijuana in Missouri, patients are also able to designate a primary caregiver.
But many patients have questions about what exactly a primary caregiver is, and many Missourians are unclear about exactly what that designation entails.
Is a primary caregiver required to be a hospice nurse, home health professional, etc. or is a primary caregiver only needed to cultivate medical cannabis on behalf of the patient?
What is a primary caregiver?
A primary caregiver is defined by DHSS as an individual who is 21 years of age or older who is responsible for managing the well-being of a Qualified Patient; and has been designated on the primary caregiver’s application for an identification card or in other written notification to the department.
Can a primary caregiver’s only responsibility for a patient be to cultivate medicinal marijuana for their treatment?
Yes, according to DHSS.
How do I apply to become a primary caregiver?
Qualifying patients and primary caregivers shall obtain identification cards from the department, which will include unique, identifying numbers for each patient and each caregiver-patient relationship. A primary caregiver may also obtain an identification card to cultivate medical marijuana plants for the exclusive use of each qualifying patient.
How much does it cost to become a primary caregiver?
The fee for a primary caregiver license is $25.00 for each license. And $100.00 for each home cultivation license.
There will be a separate fee for each application to become a primary caregiver on behalf of a specific qualifying patient, and each application to cultivate medical marijuana on behalf of a specific qualifying patient.
Does a primary caregiver license expire?
Licenses are valid for one year.
Per DHSS, “Requests for authority to cultivate medical marijuana on behalf of a qualifying patient may be made within a qualifying patient or primary caregiver application or may be made separately at a later time. However, the authorization to cultivate will be added to the qualifying patient or primary caregiver identification card and will only remain valid as long as the qualifying patient or primary caregiver’s identification card is still valid.
How much medical marijuana may a caregiver grow for a qualified patient?
Caregivers may possess a separate legal limit for each qualifying patient under their care and a separate legal limit for themselves if they are a qualifying patient, each of which shall be stored separately for each qualifying patient and labeled with the qualifying patient’s name.
That amounts to 18 plants per patient: 6 clones (under 14″), 6 nonflowering plants, and 6 flowering plants.
Is there a different possession limit for caregivers?
Caregivers and patients who do not cultivate may possess up to a 60 day supply or 8 ounces of dried cannabis or its equivalent (per patient).
For patients and caregivers who cultivate, the possession limit extends to 90 days or 12 ounces of dried, unprocessed marijuana or its equivalent.
How do I package cannabis products for myself or my patients?
According to the Department, the only medical marijuana required to remain with or in a particular packaging is medical marijuana purchased from a dispensary. Patients and caregivers licensed for cultivation are also authorized to possess their own, cultivated marijuana, and there are no regulations regarding packaging for that medical marijuana.
How are primary caregivers to be compensated?
DHSS representatives have said that caregivers can be compensated, “Anyway they normally would be compensated for taking care of a patient.”
This clarification dispels rumors that caregivers would not be able to receive payment for their services.
If a home or space is leased or rented, is a landlord’s permission needed?
Per DHSS, “The tenant still would have to follow the rules or a lease agreement that a landlord might have. If there was a no smoking policy for example, then they wouldn’t be able to smoke the product.”
May multiple caregivers cultivate in the same facility if each individual has a designated and restricted space?
Yes, if the space involved complies with all rules and regulations as defined by DHSS. The department will not regulate proximity.
Access Vs Sharing
Access refers to qualifying patients and caregivers who are accessing the space for the specific set of plants tied to the specific cultivation license. Only qualified, licensed patients and caregivers may have access to a cultivation space. They will need to be listed in the “Cultivation Security Arrangements and Processes:” details within the application.
Sharing refers to qualifying patient and caregivers who are growing their own cultivation in the same space with another cultivator. Sharing does not include sharing plants; it is only about sharing physical space. Cultivators who are sharing a space must be listed in the application. This can be done by answering “Yes” to the question “Will this cultivation be shared?” on the Questions tab of the application. If this individual has not yet, but will be applying for cultivation or to be your caregiver, please type “Applying for Cultivation” or “Applying for Caregiver” in the “License number of Patient/Caregiver” box in the application.
Shared Cultivation Spaces
Per Article XIV, only two individuals, who both hold valid qualifying patient cultivation identification cards, may cultivate medical marijuana in one space. These two individuals may be two patients, a patient and a caregiver, or two caregivers. Normally, assuming two individuals are sharing the space, only 12 flowering marijuana plants may be cultivated in that space, as well as 12 nonflowering plants and 12 clones. However, if one of these two individuals is a caregiver and also a patient with a valid qualifying patient cultivation identification card, that individual may add 6 additional flowering plants, 6 nonflowering plants, and 6 clones to the shared space so that the caregiver may cultivate plants for the patient under her care and for herself. This is the only circumstance under which plants for 3 patients may be grown in one shared space.
How should cultivators handle contractors and repair persons access?
Per DHSS, “This should be followed in a practical manner. If this need occurs, then it will be the patient or caregiver responsibility to protect their license.” Caregivers should supervise and monitor the work being done similarly to procedures followed by a pharmacy or other secure facility.
What do you think?