MJ Consulting LLC | 928-772-2011 | 8540 E. State Route 69, Prescott Valley, AZ
Ask M.A. at MJ Consulting LLC
I wear green for my son!
Question: What does a family do when a medical marijuana patient passes away, leaving their family (non-card holders) with marijuana medicine and paraphernalia?
Answer: Arizona’s Medical Marijuana Act (AMMA) Laws, Rules, and Prop 203
Do Not address this specific issue with the exception of ARS 36-2801, 19 makes it very clear a person must have a state issued registry identification card to possess marijuana or paraphernalia used for marijuana.”
FYI for program participants and the loved ones that care for them:
Family members are in jeopardy of being charged with possession and transporting illegal drugs, EVEN if they only intend to drop it off at a dispensary or the police department. As of today, we are not aware of any dispensary who will accept or dispose of marijuana or paraphernalia from their customers under any circumstance. It appears from patient testimony that law enforcement has no compassion or tolerance for the mourning family members who find themselves in a situation they had no idea how to prepare for. Thus far, we have not heard of even one incident that had a favorable outcome after police were called. We believe this intolerance comes from a lack of knowledge regarding the subject, so that is why it is so important that we educate ourselves regarding Arizona’s Rules and Laws pertaining to the legal use and possession of medicinal marijuana.
What you can do to assure you are caring for your loved one legally:
For those who are caring for a loved one that is being treated with cannabis or with cannabis-based products, Arizona’s Medical Marijuana Program offers a Caregiver Registration Card. You must apply for this card online via the Department of Health Services website, or at MJ Consulting LLC and once approved, your caregiver card (a state issued photo id), will be mailed to your address. This card allows the registered caregiver to assist a registered patient with the use of medical marijuana, including possession of MMJ even when the registered patient is not present. The requirements for obtaining a caregiver’s license includes a background check, fingerprint cards, and an annual $200 fee. A Caregiver resolves the issue for non-cardholding family members. However, if the registered patient passes away, someone must be responsible for disposing of the deceased patient’s remaining marijuana medicine, any plants if the patient had cultivation rights, as well as any paraphernalia that was used during treatment.
The AMMA states a Registered Patient may assist another registered patient if no compensation for the medicine is received.
MJ Consultation, LLC provides this necessary end of life service. A reputable registered patient with empty boxes will be in route to the deceased patients’ home within 15 minutes of speaking to you on the phone, to protect your family and home.
A certificate can be pre-purchased ($25.00) and placed with the patients’ end of life documentation as a directive to the family. When the certificate is used there will be a $1.00 per mile charge added for the pickup.
Caution to non-registered patients: Don’t leave your fingerprints on any of the items to be removed or put on your person, in your purse/pocket, or in your vehicle. Arrange to have it legally removed with compassion. We at MJ Consulting, LLC know how difficult losing a loved one can be so we offer this service to prevent legal issues, but we also hope to lighten the load a little so you can focus on your family.
Our after hours emergency phone number is listed on our answering machine.
Submitted by: MJ Consulting LLC