NEWS Massachusetts Hardship Cultivation Registration - Anybody done this yet?

[Rhyce Saroni]

Hi, I'm a Mass Card holder and am considering registering my grow room.

Prior to doing this, I wanted to see if anybody on this site has done it, what they thought of the process and if they used a lawyer.

What's particularly bothersome to me about the law is the way that it reads. It seems to say that the registration is 'temporary' so that some year in the future they might say I don't have a hardship anymore and take it away, making my once legal growing illegal again. Not such a great prospect.

Reading further it appears elsewhere in the law that if you are a medical eligible person and found cultivating the punishment is a misdemeanor with a fine of $500.00 and not a felony as it is for non medical eligible persons.

I am wondering whether or not it is worth the hassle of trying or just taking the risk and suffering the fine if I get caught?

Anybody have any thoughts or insights on this?

RS

 

[wwwillie]

Hey!
Good questions and thoughts. This is what I plan to do.
I have enough income that I would not qualify for a hardship cultivation permit. Doesn't matter that I don't have enough left over income to afford whatever a dispensary might charge. What my plan involves is growing as a caregiver. My "patient" is going for the hardship, they are even going to get a hardship waiver for the medical use registration fee, so if qualified should easily qualify for a hardship grow. That will pass on to me as the caregiver.
The only hitch in the plan is that I now have to share my produce with them. No real biggie, I already share with family and can easily provide enough for all. As a matter of fact it is an amazingly great feeling to provide for folks like this. I mean think about how cool it would be to have someone provide you with canna at no cost. Now be that person that supplies it!! Ya, see what I mean. F'n awesome!!
Peace

PS: I'll be sure to keep y'all informed as we go through the process.

 

[Rhyce Saroni]

Hey!
Good questions and thoughts. This is what I plan to do.
I have enough income that I would not qualify for a hardship cultivation permit. Doesn't matter that I don't have enough left over income to afford whatever a dispensary might charge. What my plan involves is growing as a caregiver. My "patient" is going for the hardship, they are even going to get a hardship waiver for the medical use registration fee, so if qualified should easily qualify for a hardship grow. That will pass on to me as the caregiver.
The only hitch in the plan is that I now have to share my produce with them. No real biggie, I already share with family and can easily provide enough for all. As a matter of fact it is an amazingly great feeling to provide for folks like this. I mean think about how cool it would be to have someone provide you with canna at no cost. Now be that person that supplies it!! Ya, see what I mean. F'n awesome!!
Peace

PS: I'll be sure to keep y'all informed as we go through the process.

Thanks for the reply. For those who don't know, here is the eligibility requirements.

Hardship Cultivation Registration
(A) A qualifying patient registered with the Department pursuant 105 CMR 725.015 may apply for a hardship cultivation registration if such patient can demonstrate that his or her access to a RMD (registered marijuana dispensary) is limited by:
(1) Verified financial hardship; or
(2) Physical incapacity to access reasonable transportation, as demonstrated by an inability to use public transportation or drive oneself, lack of a personal caregiver with a reliable source of transportation, and lack of a RMD that will deliver marijuana to the patient’s or personal caregiver’s primary address; or
(3) Lack of a RMD within a reasonable distance of the patient’s residence and lack of a RMD that will deliver marijuana to the patient’s or personal caregiver’s primary address.

In the eligibility requirements I also don't qualify for the financial hardship. I also have a person who meets financial requirements for whom I can be a caregiver.

Personally I may be eligible under the second section of requirements but it is so vague as to what constitutes "reasonable transportation". I have glaucoma and can technically say that it would be too much for me to drive to the city due to my poor vision. But I don't have any restrictions on my license yet. Wondering if that would come up? Then there is the whole RMD stuff and I could quite possibly qualify but what if one opens the following year, then I can't grow anymore... At least using my eligibility. I wish they never did away with the old permits.

Here is another caveat that anyone considering doing this should know. Fraudulent use of the registration.

Section 14. Penalties for Fraudulent Acts.
(A) The department, after a hearing, may revoke any registration card issued under this law for a willful violation of this law. The standard of proof for revocation shall be a preponderance of the evidence. A revocation decision shall be reviewable in the Superior Court.
(B) The fraudulent use of a medical marijuana registration card or cultivation registration shall be a misdemeanor punishable by up to 6 months in the house of correction, or a fine up to $500, but if such fraudulent use is for the distribution, sale, or trafficking of marijuana for non-medical use for profit it shall be a felony punishable by up to 5 years in state prison or up to two and one half years in the house of correction.

In other words, how strictly are is the regulation being enforced and what civil branch is enforcing it? I guess we're about to find out. It would be real great to find someone who has some more insight... RS

 

[wwwillie]

Thanks.
I think the financial hardship is going to work for me and my "patient". I am not going to worry about the fraud part as I am legitimate and so are they. I don't know what the "preponderance of evidence" they could come up with. I would say to try to follow all the regs. as best you can, I think a good faith effort would be taken as a distinct positive if anything untoward was to happen. We are also keeping quiet about what we do, the less folk that know the fewer folk that can cause trouble.

As the laws progress I hope to get a better insight. Also looking for an attorney that deals with the laws in MA that would not mind speaking with me about this. Then we can get some good answers.

 

[Rhyce Saroni]

View attachment BillH1632.pdf

Thanks.
I think the financial hardship is going to work for me and my "patient". I am not going to worry about the fraud part as I am legitimate and so are they. I don't know what the "preponderance of evidence" they could come up with. I would say to try to follow all the regs. as best you can, I think a good faith effort would be taken as a distinct positive if anything untoward was to happen. We are also keeping quiet about what we do, the less folk that know the fewer folk that can cause trouble.

As the laws progress I hope to get a better insight. Also looking for an attorney that deals with the laws in MA that would not mind speaking with me about this. Then we can get some good answers.

Wondering how you are doing with this?

I've decided to use an attorney to make sure that all my I's are dotted and T's crossed... My patient just applied for their card so after that it's off to the attorney.

On another note... there recreational use of marijuana may become law this year as there is already a bill in process.. Check out this excerpt regarding cultivation - good news if it passes as is.

Section 3. Possession or cultivation of cannabis by adults for personal use and sale
(a) The following conduct is hereby excepted from the provisions of, and shall notconstitute a violation of, chapters 94C or 64K of the General Laws:
(1) Possession or cultivation of cannabis by an adult for personal use.
(2) Gratuitous distribution of cannabis to an adult. Transfer directly or indirectly related to or contemporaneous with the sale or tendering for sale of any goods, services or other21 things of value, shall be deemed not gratuitous.
(b) The commercial cultivation, possession and distribution of cannabis under a valid license issued in accordance with this chapter is excepted from the provisions of, and shall not constitute a violation of chapter 94C or chapter 64K of the General Laws when lawful under the laws of the United States.

So we'll be able to grow it like any other produce and exchange it with others... I really hope this passes... In the mean time I've got to get this legal now if I can.

I've attached a copy of the Mass Marijuana Legalization and Tax Act in PDF format.

Please do let me know how you are doing in your process. I'll up date this thread when I've got more news.

RS

 

[Rhyce Saroni]

I spoke with someone at the MMJ program at Mass DPH and they've informed me that the program is not 'up' yet. In the meantime any patient can grow a 60 day supply aka 10 oz continuous grow... Oops I didn't know it was going to yield that much... LOL

So in the mean time, we're good to go!

The person said that the new registration program will not happen till after the dispensary program is going. What ever that means.

I couldn't believe that I got through... I'll have to remember to call early in the future.

RS

 

[wwwillie]

OK!
I just finished registration as a caregiver. It was fairly simple once I got past the one big hurdle. It's actually very simple but they don't tell you. You need to re register for the "Gateway", that is the portal that you use to access your account with the Mass MMJ system. I had to call them to find this out. Oh, and you need to use a different email address too. Once I did that I was able to use my patient's PIN that they provided when he registered his desire to have me as his care giver. I made the new account, logged on, filled out the form and sent it in. About three hours later I was granted the caregiver registration. The patient had to approve it first though, I emailed mine and they did it right away.
I had to call DPH to figure this out. I also asked if I needed to register myself as my caregiver and was told no. It was explained that everyone was on hardship and could grow their own until dispensaries open. We still don't know when that will be. We will have to wait until they do to see what the ramifications of that will be. I hope I can continue to grow for the both of us!

 

[Rhyce Saroni]

OK!
I just finished registration as a caregiver. It was fairly simple once I got past the one big hurdle. It's actually very simple but they don't tell you. You need to re register for the "Gateway", that is the portal that you use to access your account with the Mass MMJ system. I had to call them to find this out. Oh, and you need to use a different email address too. Once I did that I was able to use my patient's PIN that they provided when he registered his desire to have me as his care giver. I made the new account, logged on, filled out the form and sent it in. About three hours later I was granted the caregiver registration. The patient had to approve it first though, I emailed mine and they did it right away.
I had to call DPH to figure this out. I also asked if I needed to register myself as my caregiver and was told no. It was explained that everyone was on hardship and could grow their own until dispensaries open. We still don't know when that will be. We will have to wait until they do to see what the ramifications of that will be. I hope I can continue to grow for the both of us!

Glad to hear you've got that done. My last discussion with the department (dph) I was told to continue to grow but they didn't explain that I could register as a caregiver yet... Great news. I know how to do this I believe and will give it a go as my patient just got his patient id.

if we are lucky, the current recreational use bill pending a vote will pass and we all can grow legally

 

[Margahooja]

Rhyce, how much can you legally possess in Mass? 10 oz?

 

[Rhyce Saroni]

Rhyce, how much can you legally possess in Mass? 10 oz?

10 oz at any given time... but you are also allowed to grow up to ten plants for your own consumption, 20 if you are also a caregiver... That's what me and wwwillie are... Patients AND caregivers!!! Wheeee...