California Medical Marijuana Primary Caregivers Part 1

The only person or entity authorized to receive compensation for services provided to patients and cardholders is a primary caregiver. (California Health & Safety Code 11362.77(c)). However, nothing in the law authorizes any individual or group to cultivate or distribute marijuana for profit.  The issue of “for profit” is a more complex and difficult area of the law than it may seem.  Many will argue that it is implausible for a storefront marijuana dispensary to gain true primary caregiver status. Businesses that call themselves “cooperatives,” but function like storefront dispensaries, suffer this same fate.

In People v. Mower, the court made clear that the defendant had to prove he was a primary caregiver in order to raise the affirmative medical marijuana defense. In People v. Mower, the defendant was prosecuted for supplying two people with marijuana.  He claimed he was their primary caregiver under the medical marijuana statutes. Being a primary caregiver goes beyond simply providing marijuana for a patient’s health.  The responsibility for the health must be consistent and it must be independent of merely providing marijuana for a qualified person; and such a primary caregiver-patient relationship must begin before or contemporaneously with the time of assumption of responsibility for assisting the individual with marijuana. (People v. Mentch (2008) 45 Cal.4th 274, 283).

For over 40 years Wallin & Klarich has been defending thousands of clients charged with marijuana related offenses. There are many defenses to a marijuana case in California. If you or loved one has been charged with a drug crime, call our law offices now for a free consultation, 888-280-6839. With offices in San Bernardino, Los Angeles, Riverside, San Diego, Ventura and Orange Counties, we can defend you no matter where you live. We will be there when you call.

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