Text Size
Increase text size
Increase text size
Banner

Caregivers

The following is an overview of caregiver rules and regulations. View the complete Board of Health rules and regulations here.
 

>

A primary caregiver must:
 

  • Be 18 years of age or older.
  • Be someone other than the patient or the patient’s physician.
  •  Provide significant responsibility for managing the well-being of a patient who has a debilitating medical condition.
     
A patient who has a primary caregiver for him or herself cannot also be a primary caregiver to another patient.
>

A primary caregiver shall have significant responsibility for managing the well-being of a patient with a debilitating condition. The care-giving relationship must be more than providing medical marijuana or medical marijuana paraphernalia. Patients who do not require caregiver service beyond provision of medical marijuana shall not designate a primary caregiver.
 

Additional care-giving services may include, but are not limited to, transportation, housekeeping, meal preparation, shopping or arranging access to medical care or other services unrelated to medical marijuana.
 

A designated primary caregiver shall not delegate the responsibility of provision of medical marijuana for a patient to another person.

 

>

There are several rules and regulations governing the growth and distribution of medical marijuana by caregivers. To read the Board of Health rules regarding the Medical Marijuana Program click here.  
 

In addition, all caregivers must register their grow sites with the Department of Revenue. For more information about this process call 303-205-8421 or visit their website.
>

Caregivers may not transport medical marijuana and supplies for their patients unless the client homebound or under the age of 18.
 

If the recommending physician indicates the patient is homebound on the Physicians Certification, the patient’s registry card will indicate “homebound.” If the caregiver has a copy of the patient’s registry card on his/her person at the time of purchase, he/she may transport marijuana from a medical marijuana center to the patient.
 
 
For patients who are under the age of 18, a parent or legal guardian is designated as the caregiver. In this case, the Primary Parent/Caregiver may transport marijuana from a medical marijuana center to the patient. The Primary Parent/Caregiver must have a copy of the patient’s registry card at all times when he/she is in possession of medical marijuana.
>

Primary Caregivers may care for no more than five (5) patients unless exceptional circumstances exist. 
 

Patients may petition the Registry for permission to increase the number of people their caregiver can serve. The patient and caregiver must be able to clearly explain how granting an extension to the caregiver will benefit the patient’s health, safety and welfare. The caregiver must be providing services beyond growing and/or transporting medical marijuana for the patient.
 
 
To request a waiver, the patient must submit a Caregiver’s Patient Limit Waiver to the Registry.  The Registry will, at minimum, consider the following when processing waiver requests:
 
  1. The information submitted by the patient applicant;
  2. The information submitted by the primary caregiver;
  3. The proximity of medical marijuana centers to the patient;
  4. Whether granting the waiver would either benefit or adversely affect the health, safety or welfare of the patient; and
  5. What services beyond providing medical marijuana the patient applicant needs from the proposed primary caregiver.
     
 
If granted, the term of the waiver will be for one year, unless the caregiver’s caseload drops to five or fewer patients during that term. 
 
 
The waiver only covers care for the requesting patient. Each new patient above the five-patient minimum must submit a Caregiver’s Patient Limit Waiver.
>

The Registry cannot provide a list of patients who have designated a specific caregiver, due to patient confidentiality laws. 
 

The Registry recommends that caregivers request a copy of application paperwork from each of their patients before offering care-giving services.   Once the patient receives his or her registry card, the caregiver may request a copy as proof of the caregiver-patient relationship.
 

A primary caregiver shall have a copy of his/her patient’s registration card available on his/her person at all times when in possession of marijuana. The caregiver must produce a copy of the card or a list of patients’ registry identification numbers to law enforcement officers upon request.
 
 
A copy of the patient’s application along with proof of the date of submission may be used as proof of caregiver status only if the application was submitted more than 35 days prior, and the Registry has neither denied or issued a card to the patient. The primary caregiver may redact (mark out) all confidential patient information from the application other than the patient’s name and date of birth.
>

A copy of the patient’s registry card is required to provide proof of the caregiver-patient relationship. If the patient has submitted a valid Change of Patient Records  form since the card was issued, this information has been entered into the Registry database. Patients are encouraged to keep a copy of all forms submitted to the Registry as proof of any changes requested. A new card will not be issued. 

If verification is required, law enforcement may contact the Registry to verify modifications to the patient’s records.
>

The Voluntary Caregivers Registry provides new patients with contact information for primary caregivers in their area. Current and prospective primary caregivers may choose to have their contact information listed in the database. To allow the Registry to release your contact information to physicians and patients you must submit a Voluntary Caregiver Registration. Only your contact information will be included in the Caregiver Registry, all other records remain confidential. Information will be released in accordance with Colorado Board of Health rules.