“Primary caregiver” means a person who is at least 21 years old and who has agreed to assist with a patient’s medical use of marijuana and who has never been convicted of a felony involving illegal drugs, a violent felony, or any felony within the past ten years.
“Medical use” means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the debilitating medical condition.
There is a broad range of services which caregivers may choose to provide, and any number of individualized compensation arrangements.
Patients will need caregivers to help them acquire medical marijuana.
As a registered caregiver, you will be able to purchase marijuana for your patients from any source, be protected from arrest, and receive compensation for the service of procuring the marijuana.
Rule 27. (2) A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege. for assisting a qualifying patient to whom he or she is connected through the department’s registration process with the medical use of marijuana in accordance with the act, if the primary caregiver possesses an amount of marijuana that does not exceed the following:
(sub1) Two and one-half (2.5) ounces of usable marijuana for each registered qualifying patient to whom he or she is connected through the department’s registration process.
(sub2) For each registered qualifying patient who has specified that the registered primary caregiver will be allowed under state law to cultivate marijuana for the qualified patient, 12 marijuana plants kept in an enclosed locked facility.
(sub3) Any incidental amount of seeds, stalks, and unusable roots.
(3) An individual may simultaneously be registered as a qualifying patient and as a primary caregiver.
Patients will need caregivers to help them cultivate medical marijuana.
R 333.103 Rule 3. (1) (a) (iv) A designation of whether the qualifying patient or the patient’s primary caregiver, if applicable, will be allowed to possess marijuana plants for the qualifying patient’s medical use. The designation shall be determined based solely on the registered qualifying patient’s preference.
1) Patients will want to grow their own medical marijuana and will need caregivers to help them learn the process. They will need assistance with engineering and design, codes and construction, and set up and operation. They will also need help finding a quality medical strain and someone who will teach them how to grow it. This is a temporary caregiver position as the patient will ultimately be able to maintain the cultivation by themselves as over time they come to understand the whole process. This could take several weeks to several months, or more.
2) Patients will want a caregiver to grow their marijuana for them. The caregiver may cultivate up to 12 plants per patient and receive compensation for expenses and services provided. You can not charge the patient for marijuana because only the patient can own marijuana plants. Caregivers are simply professional gardeners in this instance.
Rule 15. (2) A registered primary caregiver may receive compensation for actual expenses, including reasonable compensation incurred for services provided to assist a registered qualifying patient in the medical use of marijuana, or for payment for expenses incurred in providing those services, or both.
Patients may need caregivers to assist with things unrelated to medical marijuana.
Caregivers may offer services such as grocery shopping, household chores and maintenance, rides to doctor appointments, or any other assistance or support.
A successful caregiver will adapt their service to address patient needs. Caregiver and patient should discuss their expectations at the outset of the relationship, should have a written contract outlining their agreement.
What is it that caregivers do
Department of Health
Information for Designated Caregivers
Certified patients registering with the Department’s Medical Marijuana Program may designate up to two caregivers. The designated caregiver must also register with the Department to receive a registry identification card. Designated caregivers with a valid registry identification card may assist the patient with the possession, acquisition, delivery, transfer, transportation and/or administration of approved medical marijuana products.
Click on the appropriate link below to learn more about the registration process for individuals or facilities designated as caregivers.
Designated Caregiver Individuals
- The individual must be designated by the certified patient within the Medical Marijuana Data Management System before the designated caregiver can register with the Department.
- The designated caregiver must login to https://my.ny.gov/, click the “Health Applications” icon, and then click the “Medical Marijuana Data Management System” link to register.
- Designated caregivers who do not have an NY.gov account will need to click the “Don’t have an Account?” button to create a personal NY.gov ID first. For step-by-steps instructions on how to create a My.NY.gov account, click here for instructions. For step-by-step instructions on how to register as a caregiver, select the “HELP” link within the Medical Marijuana Data Management System or click here for instructions.
- Pursuant to the Compassionate Care Act there is a $50 application fee; the Department is currently waiving the $50 fee for all patients and their designated caregivers.
- Once a caregiverвЂ™s registration is approved, the Department will issue a temporary registry identification card which may be used in conjunction with a government-issued photo identification to purchase approved medical marijuana products while the caregiver awaits his/her registry identification card (ID card) in the mail. Registrations expire when the certification that was issued by the practitioner expires. Patient and caregivers must re-register each time a new certification is issued that has a different PC1 number in the upper-right hand side of the certification.
- Designated caregivers obtaining medical marijuana on behalf of their patient(s) must bring their caregiver registry identification card and the patient’s certification to the dispensing facility.
- Designated caregivers can also access a temporary registry ID card after completing their caregiver registration and being approved. The designated caregiver will follow the same steps as a patient to retrieve and print the temporary registry ID card. This does not apply to facilities that have been designated as a caregiver.
- A Designated Caregiver can print a temporary registry ID card for the patient(s) they are a registered caregiver for by logging into their https://my.ny.gov account. Select “Health Applications,” and then the “Medical Marijuana Data Management System.” Click on the three white lines on the top-left side of the screen. Select the “My Patient’s Temporary Card” option from the drop-down menu. Select the blue link to open and print your temporary ID card. If you are also the patient’s proxy, you may need to select “Switch to Caregiver Portal” before this option will be available.
Other Important Registration Information:
- Certified patients and designated caregivers must always carry their registry ID card whenever they possess approved medical marijuana products.
- Medical marijuana products may not be transported outside of New York State.
- New York State does not accept certifications or registry ID cards from other states.
- A certified patient or designated caregiver who has been issued a registry ID card must notify the Medical Marijuana Program of any change in his or her name, address, or if he or she no longer has the serious condition noted on the card within ten (10) business days of such change.
Designated Caregiver Facilities
A registered medical marijuana patient may designate a facility as his or her designated caregiver. Pursuant to regulation, only the following facilities may be designated as caregivers:
- a general hospital or residential health care facility operating pursuant to Article 28 of the Public Health Law
- an adult care facility operating pursuant to Title 2 of Article 7 of the Social Services Law
- a community mental health residence established pursuant to section 41.44 of the Mental Hygiene Law
- a hospital operating pursuant to section 7.17 of the Mental Hygiene Law
- a mental hygiene facility operating pursuant to Article 31 of the Mental Hygiene Law
- an inpatient or residential treatment program certified pursuant to Article 32 of the Mental Hygiene Law
- a residential facility for the care and treatment of persons with developmental disabilities operating pursuant to Article 16 of the Mental Hygiene Law
- a residential treatment facility for children and youth operating pursuant to Article 31 of the Mental Hygiene Law
- a private or public school
Once registered with the Department as a designated caregiver, a facility may assist the patient with the possession, acquisition, delivery, transfer, transportation, and/or administration of approved medical marijuana products.
Department of Health Information for Designated Caregivers Certified patients registering with the Department’s Medical Marijuana Program may designate up to two caregivers. The designated