Medical marijuana caregiver: your comprehensive guide
Last updated on Nov 27, 2024
Created on Nov 3, 2021
Article written by
Tina MagrabiSenior Content Writer
Content reviewed by
Dr. Lewis Jassey
The role of a medical marijuana caregiver can be both rewarding and daunting, as it requires an understanding of state-specific laws and requirements that are subject to change. However, with the right knowledge, caregivers can focus on what’s important: providing the best possible care to the patient who needs it.
Who is a medical marijuana caregiver?
Registered medical marijuana caregivers are responsible for purchasing and possessing medical cannabis products on behalf of a qualifying patient, through their state’s medical marijuana program. Caregiver duties may also include administering these products to the patient.
To become a new caregiver, you need to fill out a caregiver application through your state, much like an aspiring medical marijuana patient. Once you receive your cannabis caregiver ID card, you can begin visiting dispensaries on behalf of the care recipient.
Cannabis caregiver rules and regulations
Because medical marijuana remains illegal at the federal level, each state that has a medical marijuana program has its own set of rules, requirements, and procedures for obtaining a caregiver ID card. Beyond that, each state has unique regulations and limitations when it comes to how caregivers may purchase, possess, transport, and administer cannabis to their designated patients.
The differences in state medical marijuana program regulations, restrictions, and procedures include:
- Whether or not a state allows qualifying patients to designate a primary caregiver to assist with medical marijuana use
- Whether or not a state requires that the caregiver undergo a caregiver certification course
- The length of time a caregiver’s registration remains valid
- Number of caregivers a patient can designate
- How many patients a caregiver can assist
- The minimum age requirement for marijuana caregivers
- Possession limits
- How many marijuana plants a caregiver may grow if the state allows for medical cannabis cultivation
- How much cannabis may be transported at one time
- Whether or not previous criminal convictions disqualify a person from being a medical cannabis caregiver
- Whether or not a caregiver has the right to charge fees for service
- Whether or not the state recognizes out-of-state cannabis caregiver registrations
- Whether or not caregivers may be medical patients themselves
- Exceptions to a caregiver’s patient limit if, for instance, the cannabis caregiver works as a hospice provider or in a medical housing facility, or if the caregiver has multiple patients who all reside in the same household, etc.
Note that state marijuana laws are subject to change, and many states continue to refine their regulatory processes. This is why it’s important to stay current on your state’s medical marijuana caregiver laws.
Here’s a list of states with updated information about becoming a caregiver:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
How to get a caregiver medical card
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The process of obtaining a caregiver medical card begins with filling out a caregiver application through the state’s medical marijuana registry. Since cannabis is still federally illegal, there’s no nationwide legal framework of rules and regulations when it comes to either medical or recreational programs. That means each state has slightly different rules regarding eligibility and the process of obtaining a caregiver card.
For example, Delaware and Pennsylvania require caregivers to be 21 or over, while states like New Jersey allow caregivers 18 and older. Meanwhile, some states require a caregiver certification course. While rules might vary state by state, here are some general rules of thumb to follow when trying to figure out if you qualify as a caregiver:
- The primary caregiver must be 21 or older (18 or older in some states)
- The primary caregiver must be a U.S. citizen
- The primary caregiver must be a resident of the state they’re getting the card in
It’s highly recommended to thoroughly research your state’s caregiver laws and regulations to ensure you meet all the necessary qualifications and avoid legal complications. You can find this information on your state’s health department website. Alternatively, you can contact your local medical marijuana organization for guidance.
Also, during the application process, be prepared to provide a form of identification (driver’s license, passport, etc.) and pay a fee, which will vary by state.
What are caregivers allowed to do?
In most states, a medical cannabis caregiver’s rights and responsibilities are more well-defined if the caregiver has been designated specifically by the patient, is consistently responsible for the patient’s housing, health, and safety, or has begun taking care of the patient before the onset of medical cannabis therapies.
In some states, such as California, neither medical marijuana patients nor marijuana caregivers are required to apply for a medical marijuana ID card (MMIC). The point of obtaining the MMIC is that this certification protects the personal caregiver from arrests made for cannabis possession, transportation, delivery, and cultivation.
What are caregivers allowed to do?
- Be a patient and caregiver: Some states only allow caregivers who are medical patients themselves. This is good news if you’re a patient wishing to fulfill a caregiving role for someone else. Just make sure to check your state’s laws on the matter before moving forward to obtain a medical caregiver card.
- Dose/administer medical cannabis: In general, one role of the caregiver is to dose and administer medical cannabis to their designated patient(s). Again, however, there are different state-specific rules regarding how a patient’s medicine can be administered. Be sure to check your state regulations to be on the safe side.
- Grow cannabis: Check if your state allows home cultivation, and ensure you have the necessary permits and licenses. Also, ensure that you follow safe growing practices to maintain the quality of your cannabis, and follow regulations regarding plant limits, growing spaces, and cultivation methods.
- Transport cannabis: Each state has specific rules regarding how medical cannabis may be transported by the caregiver, and how much may be transported at one time. Caregivers are only permitted to transport cannabis to their designated patient.
What aren’t caregivers allowed to do?
- Transport outside designated areas: It’s important to note that there might be areas within legal states where medical cannabis isn’t permitted. Always make sure to check the rules in your particular state and locality.
- Use medical cannabis intended for the patient: Registered medical marijuana caregivers are forbidden from consuming cannabis products intended for their designated patient. If the caregiver is a patient themselves, it’s also against most state laws to buy products for themselves with the caregiver card associated with the patient they’re caring for. Again, in many states, caretakers may make purchases with their medical marijuana card.
How is medical marijuana caregiving different for a minor compared to an adult?
In May 2020, The Spokane, Washington Spokesman-Review informed the citizens of Washington State that minors in most medical-use states are eligible to access medical marijuana if an adult guardian registers them through the state medical marijuana database, and acts as a caregiver or designated provider to the minor medical patient.
The steps involved to qualify as a medical cannabis caregiver to a minor who is a medical cannabis patient vary by jurisdiction. Child Protective Services, school officials, and other authorities may need to be contacted. When and where guardians administer medical cannabis to a child, such as at a school, will have a variety of restrictions.
Limits to possession and application of marijuana by an adult medical marijuana caregiver may vary, even after the minor has obtained certification as a medical marijuana patient.
The best route for legally obtaining a medical marijuana card for a minor’s use is seeking guidance from a resource of medical marijuana experts, like Leafwell.
Frequently asked questions
Can cannabis caregivers care for multiple medical marijuana patients?
How many patients may be designated to one personal caregiver will depend on your individual state’s medical cannabis laws. Many states allow caregivers to provide patient care to more than one individual.
Can one medical cannabis patient have multiple cannabis caregivers?
In most cases, medical marijuana patients may only designate one caregiver. Check your state laws for more details on the limitations of patient care.
Does becoming a medical marijuana caregiver require that I undergo a background check?
In most states, a criminal background check is only required if the personal caregiver is not the patient’s direct family member or legal guardian.
Always check your state’s medical marijuana caregiver rules
Becoming a medical marijuana caregiver is a significant responsibility. Before making this decision, it’s essential to thoroughly research the laws, regulations, and requirements specific to your state. Understanding these guidelines will help determine if this role aligns with your capabilities and commitments.
Need assistance? Our team at Leafwell is here to provide support and answer any questions you may have about the caregiver process.
Resources
- Medical Marijuana Caregivers: https://dhss.delaware.gov/dhss/dph/hsp/medmarcaregiver.html
- Pennsylvania Medical Marijuana Program: https://www.pa.gov/en/agencies/health/programs/medical-marijuana.html
- Medical Cannabis Program: https://www.nj.gov/cannabis/medicinalcannabis/
- California Medical Marijuana Law: “Primary Caregivers”: https://www.shouselaw.com/ca/defense/laws/marijuana/medical-marijuana-primary-caregiver/#:~:text=Under%20the%20CUA%2C%20primary%20caregivers,for%20the%20patient%27s%20medical%20use
Minor Differences: Rules for Underage Medical Marijuana Patients: https://www.spokesman.com/stories/2020/may/11/minor-differences-underage-medical-marijuana-patie/
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