Generally speaking, a caregiver is an individual, other than the patient, that is 18 years or older and that has agreed to undertake the responsibility for managing the well-being of the qualifying patient with respect to the medical use of cannabis.
As a patient, why do I want a caregiver?
Some patients are too ill to grow their medical cannabis and a caregiver may be designated to grow medical cannabis on behalf of the patient and may be needed to assist the patient in obtaining their medical cannabis from the dispensary.
After December 31, 2023, caregivers will not be allowed to grow medical cannabis except for minors/adults lacking legal capacity and on islands that do not have a dispensary.
Does the caregiver need to be identified on the application?
YES – Caregivers must be designated by the qualifying patient on the application and registered with DOH in the Medical Cannabis Registry Program.
Can my caregiver grow medical cannabis on my behalf?
YES – however,
- This must be clearly articulated in the electronic application that is submitted to DOH; and/or
- The patient must use the appropriate change request within 10 days of any changes to the information originally submitted in the application; and
- Neither the patient nor the caregiver are authorized until they receive their 329 Card from DOH.
Can my caregiver grow cannabis for multiple patients?
NO – Only one patient per caregiver. The only exception are for minor patients (under the age of 18) who may have
Can my caregiver be someone under the age of 18?
NO – a caregiver must be someone that is at least 18 years old who has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the medical use of cannabis.
As a patient, can I have more than one caregiver?
NO – each qualifying patient (18 years of age and older) can have only one caregiver.
Minor patients (under the age of 18) are required to have a caregiver. DOH does permit registration of up to two caregivers for a minor patient provided that both primary caregivers are the parent, guardian, or person having legal custody of the minor patient.
My friend says that he/she can grow my cannabis for me AND that I don’t need to name him/her as my caregiver as long as I claim to “own or control” his/her property. Is this allowed?
NO – Submission of misleading, incorrect, false, or fraudulent information on any portion of the application may result in the revocation of your 329 Registration Card and may negate your ability to assert the medical use of cannabis as an affirmative defense to any prosecution involving cannabis under this part or chapter 712.
Can I be a caregiver for more than one patient?
NO – Caregivers may only have one patient at any given time UNLESS the patient is a minor in which case registration of up to two caregivers is permitted provided that both caregivers are the parent, guardian, or person having legal custody of the minor patient.
I’ve been asked to be a caregiver, do I have to register separately from the patient that I am caring for?
NO – the qualifying patient must designate their caregiver on their application. At that time, all necessary registration information on the caregiver must be provided including a clear photocopy of their valid ID (driver’s license, state ID or passport) AND the caregiver must sign the application form.
As a caregiver, will I be required to pay a registration fee?
NO – the qualifying patient will pay a single fee $38.50 for initial and renewal applications ($35 plus $3.50 portal administration fee) or $16.50 for a replacement or duplicate card. This fee covers both of your registration cards.
The patient that I am caring for decided to change caregivers, am I still protected?
NO – once the qualifying patient notifies DOH of their intent to change caregivers, DOH will invalidate both your card and the patient’s card. Although the qualifying patient will be issued a new card, along with the NEW caregiver, the original caregiver (you) will not be protected.
As a caregiver, am I allowed to use (smoke, vape, ingest, etc.) medical cannabis?
NO – as a caregiver, 1) you may grow medical cannabis on behalf of the qualifying patient if so designated by the qualifying patient on the application, 2) you must attest that you agree to undertake the responsibility for managing the well-being of the qualifying patient with respect to the medical use of cannabis, and 3) you may transport (but NOT inter-island) medical cannabis on behalf of the qualifying patient.