What protection do patients and caregivers have?
Patients who have not designated a caregiver may grow up to seven plants, three budding and four vegetative with one ounce of usable marijuana per plant, possess and transport an ounce of usable marijuana, and store up to three ounces of usable marijuana at the grow location. If the patient designates a caregiver the patient may not grow, but they can still possess and carry up to an ounce. A caregiver may grow seven plants with one ounce per plant, possess and transport an ounce, and store up to three ounces at the grow location. For the most part it appears that the patient and caregivers have similar protections under the law, but patients have the added protection of an “affirmative defense” and “choice of evils defense”, which allows patients to argue that their smoking of marijuana is a medical necessity.
