Legal | This section provides patients, attorneys, and pro se defendants with legal resources, including information on: how to become a patient, rights and responsibilities, landmark legal decisions, how to defend a medical marijuana case, return of property, and civil issues such as employment, housing, child custody and more. >>   Learn more >> http://www.safeaccessnow.org/legal In This Section: Legal Information By State & Federal Law Facing State or Federal Charges? Patient and Provider Legal Information Provider Resources and Support Return of Property Resources for Policy Makers Find an Attorney

Legal Professionals | Overview of federal and state laws concerning medical cannabis, information on defending medical cannabis cases, and brief banks.

Legal Information By State & Federal Law | Learn about legal information in your state and/or what is happening on the Federal level. >>   Learn more >> http://www.safeaccessnow.org/state_and_federal_law

Facing State or Federal Charges? | Unfortunately, patients, caregivers, and providers are still vulnerable to federal and state arrests, prosecutions, and incarceration. They also suffer pervasive discrimination in employment, child custody, housing, public accommodation, education and medical care. In This Section Federal Charges Questionnaire Medical Cannabis State Questionnaire Non-Medical Cannabis States Questionnaire Resources Members OnlyTake Action Now!Online StoreChapters & GroupsSpread the Word!Events State Advocacy Resources Donate Brought To You By ASA Members Have Your Logo Here! Receive Updates Sign up to recieve email updates from ASA & and to start your own online account. You will not be spamed and you can unsubscribe at any time. Your information is always kept confidential. | Resources for: Federal Charges,

Patient and Provider Legal Information | The information found in this section and our legal support efforts are meant to educate patients, caregivers, and providers about their legal rights, what to expect if you are arrested and tips on avoiding encounters all together. The information in this section can be applied to all states whether your state has a law or not. >>   Learn more >> http://www.safeaccessnow.org/patient_and_provider_legal_information

Provider Resources and Support | ASA provides literature, trainings, and legal support to help providers stay safe and informed. | In This Section: Making the decision to be a provider Understanding State and Local Laws Patient Focused Certification Program Quality of Care Basic Legal Info for Providers >>   Learn more >> http://www.safeaccessnow.org/providers

more Legal >

Return of Property | In This Section:

Create a Motion for Return of Property | The first step in the process is to fill out the Motion for Return of Property.

File your Motion | The second step is filing the motion.

Argue Your Motion Before a Judge | Once you have filed the motion, you will be given a date for the hearing on your motion, usually one month away.

If your motion for return of property is granted | If your motion for return of property is granted, you will need to take the resulting court order (signed by the judge) to the law enforcement agency or court that is in possession of your medicine and/or property to request it back.

If your motion for return of property is denied | In many cases, filing and arguing this motion will merely be the first step in the process of getting your medicine back because of resistance by the courts.

If your property has been destroyed | If you wish to file a civil suit for the monetary value of the property destroyed, you will first need to file a Tort claim with the city or county that oversees the law enforcement agency that confiscated your property. Key medical marijuana cases that have created legally binding precedent. Note: This section includes only Federal and California case law. >>   Learn more >> http://www.safeaccessnow.org/return_of_property

Resources for Policy Makers | Welcome legislative and regulatory staff, as well as citizen lobbyists. Whether you are working on a local ordinance, implementing statewide regulations, or passing landmark Congressional legislation, the materials here will help you with your goals in creating medical cannabis programs that are focused on patient wellbeing and community safety >>   Learn more >> http://www.safeaccessnow.org/policy_shop

Find an Attorney | Are you looking for an attorney or just need legal advice? Click on your state below to find an attorney in your area. ASA members receive discounts on legal services. >>   Learn more >> http://www.safeaccessnow.org/find_an_attorney

Producers & Providers | Resources for those providing medical cannabis directly to patients, considering providing medical cannabis, and those helping individuals obtain medical cannabis. >>   Learn more >> http://www.safeaccessnow.org/providers In This Section:

Making the decision to be a provider | Medical cannabis patients and their providers are vulnerable to law enforcement raids, arrest, prosecution, and incarceration. They suffer pervasive discrimination in employment, child custody, housing, public accommodation, education and medical care. Laws protecting patients and their providers vary from state to state, and in some cases may vary from city to city or county to county. Sometimes individuals choose to break outdated laws in states that do not account for medical use or safe access. And no matter what state you are living in, medical cannabis patients and their providers are always violating federal law. >>   Learn more >> http://www.safeaccessnow.org/making_the_decision_to_be_a_provider

Understanding State and Local Laws | Authorized medical cannabis distribution may be regulated by state laws, local ordinances, or other regulations. You will have to determine what jurisdiction governs the place where you want to provide medicine, and then figure out what laws apply to you. Some jurisdictions have bans or moratoria (temporary bans) blocking the establishment of medical cannabis dispensaries. You may also encounter a 'de facto ban' - a situation in which the jurisdiction has no written policy prohibiting medical cannabis businesses, but blocks their establishment by denying business licenses, police intimidation, or other tactics. If this is the case in your community, you will need to invest some time and money up front advocating for a change in local policy. >>   Learn more >> http://www.safeaccessnow.org/understanding_state_and_local_laws In This Section: Every state has varying laws and regulations for caregivers, cultivators and medical cannabis providers. This section includes an overview of state requirements and links to necessary forms and applications. >>   Learn more >> http://www.safeaccessnow.org/understanding_state_and_local_laws

Alaska Producer & Provider Info | Caregiver Patients may designate a primary caregiver (or alternate caregiver) to assist with acquiring, cultivating and using medical cannabis. A primary caregiver must be at least 21 years old, not currently on probation or parole, and can't have been convicted of a drug-related felony. They must apply with the registry to be a caregiver . And to be legally covered, they must be in physical possession of the caregiver registry identification card. They can only be the caregiver for one patient at a time unless the patients are related to them by at least the "fourth degree of kinship" (i.e. cousins). A caregiver may legally possess six marijuana plants, only three of which may be mature enough to bear usable marijuana, plus one ounce of marijuana in usable form. Violating limits can result in being barred from the program for one year. http://dhss.alaska.gov/dph/VitalStats/Documents/PDFs/MedicalMarijuana.pdf | Production/Distribution: Currently Alaska law does not allow for the commercial sales or production of medical cannabis. | In This Section: Patient and Provider Legal Information,   Learn more >> xxx

Arizona Producer & Provider Info | Caregivers: Patients may designate a caregiver to assist with acquiring, cultivating and using medical cannabis. A designated caregiver must be at least twenty-one (21) years old and cannot ever have been convicted for a violent felony, and cannot have a felony conviction for any drug related crimes that happened within the last ten (10) years unless it was a conviction that would not have happened had the Medical Marijuana Act been in place sooner. Patients and designated caregivers are permitted to cultivate cannabis only if there is no dispensary within 25 miles of the patient's home, and they have been granted permission by the state. A patient can only have one (1) designated caregiver A designated caregiver with a registry ID card can possess up to twelve (12) marijuana plants and two and one-half (2.5) ounces of usable marijuana, keeping in mind that the sum total of medicine and plants between the patient and the designated caregiver may never exceed twelve (12) cannabis plants and two and one-half (2.5) ounces of usable cannabis. For instance, if the patient has one (1) ounce of usable cannabis in her possession, and two (2) cannabis plants, the designated caregiver may not exceed one and one-half (1.5) ounces of usable cannabis and ten (10) cannabis plants.

Patients and designated caregivers can grow cannabis indoors in an enclosed, locked space; patients and designated caregivers can cultivate cannabis outside if they comply with the law, growing the cannabis in an enclosed, locked facility: a closet, room, greenhouse, or other enclosed area equipped with locks or other security devices that permit access only by a cardholder. "Enclosed area" is defined in rule as an outdoor space surrounded by solid 10-foot walls constructed of metal, concrete, or stone that prevent any viewing of the marijuana plants, with a one-inch-thick metal gate. For more information from the AZ DHS visit: http://www.azdhs.gov/medicalmarijuana/caregivers/index.htm Production/Distribution: Arizona Department of Health Services established a registration program for nonprofit dispensaries. The law allows for 124 dispensaries. For more information on the program please visit: http://www.azdhs.gov/medicalmarijuana/dispensaries/index.htm

Training Requirements: The training requirements as set forth in Arizona Administrative Code are as follows: C. A medical director shall: 1. Develop and provide training to the dispensary’s dispensary agents at least once every 12 months from the initial date of the dispensary’s registration certificate on the following subjects: a. Guidelines for providing information to qualifying patients related to risks, benefits, and side effects associated with medical marijuana; b. Guidelines for providing support to qualifying patients related to the qualifying patient’s self-assessment of the qualifying patient’s symptoms, including a rating scale for pain, cachexia or wasting syndrome, nausea, seizures, muscle spasms, and agitation; c. Recognizing signs and symptoms of substance abuse; and d. Guidelines for refusing to provide medical marijuana to an individual who appears to be impaired or abusing medical marijuana. A.A.C. R9-17-313(C). In This Section Arizona Laws & Regulations >>   Learn more >> http://www.safeaccessnow.org/arizona_producer_provider_info

California Producer & Provider Info | Caregiver A primary caregiver must be at least 18 years old and should consistently assume responsibility for the housing, health, or safety of a patient. They can be the primary caregiver of more than one patient only if the patients live in the same city or county as the primary caregiver. IDs are not required in CA but are available at CA Department of Public Health. | Distribution: S.B. 420 The Medical Marijuana Program Act grants implied legal protection to the state's medicinal marijuana dispensaries. The AG upheld these legal protections. The CA Supreme Court has ruled that cities and counties have the right to ban dispensaries, which has created a patchwork of regulations around the state. | In This Section: California Local Dispensary Regulations, CA Laws & Regulations, Patient and Provider Legal Information, Sample Collective Agreement,   Learn more >> xxx

Colorado Producer & Provider Info | Caregiver A primary caregiver must be at least 18 years old and have significant responsibility for managing the well-being of a patient. The caregiver may legally grow, possess, and distribute marijuana for the patient. There is no restriction to the number of patients which one primary caregiver may serve. The caregiver's name and address will appear on the patient's registry ID. Colorado Department of Public Health has more information and required forms. Production/Distribution: House Bill 1284 provides a regulatory framework for dispensaries, including giving local communities the ability to ban or place controls on the operation, location and ownership of these establishments. Colorado Department of Public Health has more information and required application forms. Emergency Rules and Draft Rules for 2014: Notice of Permanent Rule Making Hearing, August 20, 2014 Public Comment Hearing September 2, 2014 8:00 AM - 5:00 PM Old Supreme Court Chambers State Capitol Building 200 E. Colfax Ave., Room 220 Denver, CO 80203 Agenda for September 2, 2014 Formal Public Hearing Proposed Medical Marijuana Rules for September 2, 2014 Hearing (current draft) Proposed Retail Marijuana Rules for September 2, 2014 Hearing (current draft) In This Section: Colorado Laws & Regulations, Patient and Provider Legal Information >>   Learn more >> http://www.safeaccessnow.org/colorado_producer_provider_info

Connecticut Producer & Provider | Caregiver: If a patient’s physician certifies the need for the patient to have a primary caregiver, the patient may register one person to act as their caregiver . A primary caregiver applicant will only be able to access the online registration system if a patient’s physician indicates a need for a primary caregiver; and the patient identifies the applicant as the person who will serve as their primary caregiver. The Department of Consumer Protection has more information and required forms. Production/Distribution: | Patients and caregivers may only purchase medical cannabis from dispensaries that are licensed by the state. The Department of Consumer Protection (DCP) will be licensing Dispensary facilities and Medical Marijuana Producers. DCP is not currently accepting applications for dispensary facilities and producers. You can check the DCP Medical Marijuana Program website for announcements about upcoming calls for producer or dispensing facility applications.

Dispensary Facility Application (NOTE: The Department is NOT accepting dispensary applications at this time) Medical Marijuana Producer Application (NOTE: The Department is NOT accepting producer applications at this time) Training Requirements: The training requirements as set forth in the Regulation of Connecticut State Agencies are as follows: Dispensary technician training

(a) Dispensary technicians shall complete initial training as determined by the dispensary facility manager of each dispensary facility. Such training shall include, but not be limited to:

(1) On-the-job and other related education, which shall be commensurate with the tasks dispensary technicians are to perform and which shall be completed prior to the regular performance of such tasks;

(2) Professional conduct, ethics, and state and federal statutes and regulations regarding patient confidentiality; and

(3) Developments in the field of the medical use of marijuana.

(b) The dispensary technician shall be registered as a dispensary technician with the department prior to the start of such training.

(c) The dispensary facility manager shall assure the continued competency of dispensary technicians through continuing in-service training designed to supplement initial training, which shall include any guidance specified by the department.

(d) The dispensary facility manager shall be responsible for maintaining a written record documenting the initial and continuing training of dispensary technicians, which shall contain:

(1) The name of the person receiving the training;

(2) The dates of the training;

(3) A general description of the topics covered;

(4) The name of the person supervising the training; and

(5) The signatures of the person receiving the training and the dispensary facility manager.

(e) When a change of dispensary facility manager occurs, the new manager shall review the training record and sign it, indicating that the new manager understands its contents.

(f) A dispensary facility shall maintain the record documenting the dispensary technician training and make it available in accordance with section 21a-408-70 of the Regulations of Connecticut State Agencies.

Agencies Regs. § Sec. 21a-408-44. Dispensary facility employee training. Employee records

(a) A dispensary facility shall provide to each dispensary facility employee, prior to the employee commencing work at the dispensary facility, at a minimum, training in the following:

(1) The proper use of security measures and controls that have been adopted for the prevention of diversion, theft or loss of marijuana;

(2) Procedures and instructions for responding to an emergency; and

(3) State and federal statutes and regulations regarding patient confidentiality.

(b) Each dispensary facility shall maintain and make available in accordance with section 21a-408-70 of the Regulations of Connecticut State Agencies, a training record for each dispensary facility employee. Such record shall include, at a minimum, documentation of all required training, including:

(1) The name of the person receiving the training;

(2) The dates of the training;

(3) A general description of the topics covered;

(4) The name of the person supervising the training; and

(5) The signatures of the person receiving the training and the dispensary facility manager.

Agencies Regs. § Sec. 21a-408-45. In This Section: Connecticut Laws & Regulations,   Learn more >> xxx

DC Producer & Provider Info | Designated Caregiver: Patients are allowed to designate one person to be their “designated caregiver” to assist them with their medical cannabis therapy. Caregivers are selected when the patients fills out and submits their registration application to DOH. A caregiver must be at least 18 years-old, not have a conviction for possession or selling of a controlled substance, and may only serve one qualifying patient at any given time.

Caregivers must be in possession of their DOH-issued registration card in order to receive legal protections when handling or transporting their patient’s medicine. Caregivers have the same legal protections that patients have, except they are strictly forbidden from consuming and of their patient’s medical cannabis. Caregivers who divert medical cannabis to a party other than their patient are subject to penalties under the District’s controlled substances act. Caregiver Application | A patient must list their caregiver on the patient application form; however, caregivers must also fill out their own application form, which is found on the DOH Medical Marijuana website. Instructions are similar to those for patient applicants, including photo and ID requirements and eligibility for reduced fees for financial hardship. Caregiver application forms are submitted with the patient's patient application form.

Criminal Background Check All those apply to be a caregiver must submit to a criminal background check. There is a separate fee for the background check from the caregiver application fee. Instruction on how schedule a background check are found on page 2 of the caregiver application form. DC Department of Health has more information and required forms. Production/Distribution: The law establishes a medical marijuana program to "regulate the manufacture, cultivation, distribution, dispensing, purchase, delivery, sale, possession, and administration of medical marijuana and the manufacture, possession, purchase, sale, and use of paraphernalia. The Program shall be administered by the Mayor." DC Department of Health has more information and required forms.

Training Requirements: The training requirements as set forth in the DCMR are as follows:

5105.1 A person or entity wishing to become a medical marijuana certification provider shall obtain a medical marijuana certification provider permit which shall allow the holder to provide a medical marijuana training and education certification program in the District of Columbia. For purposes of this section, a "medical marijuana certification provider" shall mean any person or entity approved by the Department to conduct a medical marijuana and education training program as set forth in § 5105.2. A medical marijuana provider permit shall be valid for three (3) years.

5105.2 A medical marijuana certification provider shall include the following subjects in its education training program; which shall be submitted to the Department for approval:

(a) The effect medical marijuana use has on the body and behavior, especially as to driving ability, and that driving under the influence of marijuana is prohibited under the Act;

(b) Procedures for the proper handling and dispensing of medical marijuana to qualified patients and caregivers;

(c) Methods of recognizing and communicating with underage qualifying patients and caregivers;

(d) Prevention techniques involving effective identification and carding procedures;

(e) Explanation of the Legalization of Marijuana for Medical Treatment Amendment Act of 2010 and Federal law relating to marijuana and ensuring compliance with this title and District law;

(f) Advertising, promotion, and marketing of medical marijuana; and

(g) Security and theft prevention.

5105.3 An application for a medical marijuana certification provider permit shall:

(a) Be completed on a form provided by the Department;

(b) Include a copy of the proposed training materials, curriculum, and examinations; and

(c) Include payment of the annual fee for the entire three (3)-year permit period.

5105.4 The Department shall make the final determination as to the qualifications of the applicant and compliance of the applicant's program with § 5105.2, and may require a meeting with the applicant prior to issuing its decision.

5105.5 Approval of a medical marijuana training and education program shall expire after three (3) years from the date of the course obtaining approval. The applicant shall resubmit a program to the Department for approval as part of its application to renew its medical marijuana certification provider permit.

22C DCMR § 5105. In This Section: DC Laws & Regulations, Patient and Provider Legal Information >>   Learn more >> http://www.safeaccessnow.org/dc_producer_provider_info

Delaware Producer & Provider Info | Caregiver: Patients may designate a caregiver to assist with acquiring, and using medical cannabis. A “designated caregiver” must be 21, has not been convicted of certain felony offenses; and may assists no more than 5 patients. Delaware Department of Public Health has more information and required forms

Production/Distribution: Delaware Health and Social Services issued a request for proposal late in 2013 to open a pilot compassion center in Delaware next year. The Department will issue a permit to the compassion center to begin growing medical marijuana on July 1, 2014. The policy change will allow medical marijuana patients in Delaware to buy medical marijuana in a state-regulated center. Compassion center regulations include tight security requirements, such as around-the-clock video monitoring, financial accounting controls, random inspections, and requiring that center employees verify that patients are registered with the state before selling them marijuana. The center will only be allowed to cultivate up to 150 marijuana plants, and keep inventory of no more than 1,500 ounces of usable marijuana at the facility. The state's lone compassion center is set to open in September 2014, just west of Wilmington. Delaware Department of Public Health has more information and required applications. | In This Section: Delaware Laws & Regulations, Provider Legal Information >>   Learn more >> http://www.safeaccessnow.org/delaware_producer_provider_info

Hawaii Producer & Provider Info | Caregivers: Patients may designate a caregiver to assist with acquiring, cultivating and using medical cannabis. A designated caregiver may cultivate a total of up to three mature marijuana plants and four immature marijuana plants (NOTE: on Jan. 1, 2015, the law changes so that patients or their caregivers may grow up to 7 live marijuana plants, regardless of the stage of maturity). Primary caregivers must register with the department of public safety. Every primary caregiver can only care for one qualifying patient at any given time. | Production/Distribution: Currently Hawaii law does not allow for the commercial sales or production of medical cannabis. In This Section: Hawaii Laws & Regulations, Provider Legal Information >>   Learn more >> http://www.safeaccessnow.org/hawaii_producer_provider_info

Illinois Producer and Provider Info | Dispensing Organizations Under HB1, the state may issue up to 60 registrations to operate a dispensing organization. DFPR reserves the right to award fewer than 60 authorizations to register during the ?rst request for applications if the Division concludes that no quali?ed applications are timely received for a speci?c district or districts. After ?ling an application for Authorization to register a dispensing organization with the Division, applicant will be provided with a date and time stamped receipt issued by the Division. Fees The Application fee is $5,000. Dispensing Organization Districts Applications will be accepted for the following dispensing organization districts. Forms | Forms for licensed dispensaries and cultivation centers can be found below: Dispensary Applications Dispensary Application Dispensary Application Instructions Dispensary Principal Officer Attestation Form Dispensary Principal Officer Certification Form Dispensary Zoning Form Dispensary Criminal History Form

Cultivation Centers Application for Permit, Construction and Operational Approval – Medical Cannabis Cultivation Center Fees The application fee to become a cultivation center is $25,000. Department of Agriculture will provide a time and date stamped receipt upon application submission. The receipt will serve as a record that the application was delivered to the Department. Additional Questions: Contact the Department of Agriculture | In This Section Illinois Laws & Regulations, Provider Legal Information >>   Learn more >> http://www.safeaccessnow.org/illinois_producer_provider_info

Maine Producer & Provider Info | Caregivers: Caregivers must register with the State and receive an ID card before they can possess and cultivate marijuana unless they live in the same household as the patient or are a member of the same family as the patient. Caregivers may possess up to 2.5 ounces and 6 plants in an enclosed and locked facility for each patient the caregiver assists. A person cannot be a caregiver for more than 5 patients and 6 plants per patient. Caregivers may receive compensation for the costs of their services. Caregivers who are cultivating pay a registration fee of $300 per patient (up to 5) and $31 for the criminal background check. Caregivers who do not cultivate pay no registration fee.

Caregivers are required to register with the MMMP unless the caregiver and patient live in the same household or are members of the same family. Caregivers may not have a criminal conviction and are subject to a background check. DHHS has more information and required forms. NOTE: Patients who have a physician’s written certification for the medical use of marijuana will not be required to register with the Department of Public Health (DPH) on January 1, 2014. DPH will not begin registering patients and caregivers until it completes development of an online registration system, at a date to be announced later in 2014. DPH will notify the public well in advance on its medical marijuana website, www.mass.gov/medicalmarijuana, when this online registration system is operational and must be used.

Production/Distribution: Maine has a licensed system of medical cannabis dispensaries. These dispensaries must be non-profit, licensed by the state and follow a set of strict regulations. A dispensary may not give you more than 2.5 ounces of cannabis in a 15-day period. Local ordinances may also determine how dispensaries can operate near you. Patient collectives are prohibited. Patients must cultivate for themselves or designate a registered caregiver or licensed dispensary to do it for them. A registered caregiver may enlist the assistance of another registered caregiver in tending plants for up to two weeks by providing written notice to DHHS. DHHS has more information and applications. | In This Section: Maine Laws & Regulations,   Learn more >> xxx

Massachusetts Producer & Provider Info | Caregiver: Until the DPH medical cannabis program is implemented, qualifying patients may register their personal caregivers by sending a letter to DPH containing the patient’s and personal caregiver’s names, addresses and dates of birth. A certified mail return receipt for this letter is to be used as the registration card for the patient’s personal caregiver.

Production/Distribution: “Registered marijuana dispensaries” will be licensed to both grow and sell medical cannabis. Most patients will obtain cannabis from one of the state’s registered marijuana dispensaries, but under limited hardship circumstances and until dispensaries are operational, patients and caregivers may cultivate up to a 60-day supply of cannabis. Dispensaries will be required to provide medicine at discounted rates for low-income residents. Homebound patients are allowed secure home delivery, and personal caregivers can pick up medicine at dispensaries on behalf of patients under their care. MA Department of Public Health has more information and application forms

Training Requirements: The training requirements as set forth in the Code of Massachusetts Regulations are as follows: (H) Dispensary Agent Training. RMDs shall ensure that all dispensary agents complete training prior to performing job functions. Training shall be tailored to the roles and responsibilities of the job function of each dispensary agent, and at a minimum must include training on confidentiality, and other topics as specified by the Department. At a minimum, staff shall receive 8 hours of on-going training annually. 105 CMR 725.105(H). In This Section: Massachusetts Law & Regulations, Provider Legal Information >>   Learn more >> http://www.safeaccessnow.org/massachusetts_producer_provider_info

Michigan Producer & Provider Info | Caregivers: Primary caregivers may cultivate marijuana for qualifying patients and patients may grow medicine for themselves. A person can be a caregiver for up to five patients. Caregivers can also receive compensation for the costs of their services. Department of Public Health has more information and required forms Production/Distribution: Currently MI law does not allow for the commercial sales or production of medical cannabis. While a few cities in MI have passed laws allowing for distribution, such as Ann Arbor and Detroit; however, the MI Supreme Court Ruled in State vs. McQueen that dispensaries are not authorized to operate in Michigan. | In This Section: Michigan Laws & Regulations, Provider Legal Information >>   Learn more >> http://www.safeaccessnow.org/michigan_producer_provider_info

Montana Producer & Provider Info | Provider/Marijuana Infused Products Provider (MIPP): Montana has all but disbanded both the caregiver program and distribution programs and replaced them with the Provider/Marijuana Infused Products Provider (MIPP) program. Provider/MIPP fees are $50 and will not be refunded if the if the application is incomplete, denied or the card is revoked. All applications require a photocopy of a valid (not expired) Montana driver's license or state issued ID, to prove Montana residency. Change request forms do not require a copy of a driver’s license or state issued ID and do not require a fee. All provider/MIPP applicants must submit fingerprints at the time of application, and have their background check completed, before their application can be processed. Provider/MIPP applicants must be named by a registered cardholder (patient) applicant, in order to become a provider/MIPP. Provider/MIPP applicants must send at least one change request form for a patient naming the applicant as their provider, with their provider application packet. If a provider/MIPP applicant is renting or leasing the property where they are cultivating and manufacturing marijuana, they must include a notarized Landlord Permission Form with their application packet. If a registered cardholder (patient) applicant names a provider on their application and that person is not an approved provider/MIPP, the approved patient will receive a card with no named provider. If the person named is approved to be a provider/MIPP by the department, the patient will receive a new card with the approved provider listed. Registered cardholders who wish to add a provider, or make changes to their personal information must use a CRF to notify the department. Providers must use a CRF to notify the department of changes to their personal information. Registered cardholders and providers, who do not notify the department of address changes within 10 days of the change, may be revoked from the registry All forms must be signed and cannot be submitted electronically. Forms are available through the Department of Public Health In This Section: Montana Laws & Regulations, Provider Legal Information >>   Learn more >> http://www.safeaccessnow.org/montana_producer_provider_info

| Caregiver: A designated primary caregiver is allowed to produce or posses marijuana one ounce of medicine, three mature plants, and four immature plants. Patients may one designate one caregiver at a time. A caregiver must be at least 18 years old, have significant responsibility for managing the patients well-being, and be officially designated as a primary caregiver. Applications and more information are available through DHHS. Production/Distribution: On June 12, 2013, Governor Brian Sandoval signed SB 374 into law establishing statewide medical cannabis distribution program. The law allows for the creation of up to 66 dispensaries regulated by the Department of Health and Human Services (DHHS). Applications will be available no later than April 1, 2014. More information is available through the DHHS website. | In This Section: Nevada Laws & Regulations,   Learn more >> xxx

New Hampshire Producer & Provider Info | Caregivers: A patient may designate a single caregiver to assist with obtaining and using medical marijuana. A designated caregiver must be at least twenty-one (21) years old and cannot have a felony drug-related conviction. A registered caregiver with a valid registry ID card may assist with up to five (5) qualifying patients. If both the caregiver and qualifying patients live more than 50 miles from an “alternative treatment center” licensed to dispense medical cannabis, the designated caregiver may assist up to nine (9) patients. Caregivers are limited to transporting medicine from licensed centers and assisting with administration. Until New Hampshire begins issuing registry ID cards, there are no legal protections for patients or caregivers. Production/Distribution: Medicine must be obtained by the patient or registered caregiver from one of four “Alternative Treatment Centers” to be licensed by the state to dispense cannabis to patients. The law requires the Department of Health to issue rules for licensing dispensing centers by January 2014 and to issue licenses to two centers by January 2015; however, regulations were not issued until mid-2014, and applications for ATC operators were not solicited until December 2014. If there are no further delays, the state should issue ATC licenses by mid-2015. | In This Section: New Hampshire Laws & Regulations,   Learn more >> xxx

New Jersey Producer & Provider Info | Caregiver: New Jersey's medical cannabis laws protect patients and their primary caregivers from prosecution for cannabis law violations. By state law, a designated caregiver is allowed to possess, obtain, and provide cannabis for the patient. The caregiver is not allowed to use this cannabis for his or her personal use, nor provide this medicine to un-qualified patients. A caregiver must be at least 18 years of age and a New Jersey resident. A caregiver can be designated by the patient at any time on the MMP website. Once the caregiver is designated, the caregiver must complete the MMP application form and agree to a criminal background check. Caregivers cannot have been convicted of possession or sale of a controlled dangerous substance unless it was a federal conviction for marijuana sale or possession that was authorized by New Jersey medical cannabis law. The Department of Health has more information and required forms.

Production/Distribution: | Registered patients must obtain their medicine from an Alternative Treatment Center (ATC) with which they are registered; patients may only purchase medicine from their registered ATC. The amount of cannabis a patient may obtain is to be indicated by the patient’s physician but may not exceed two (2) ounces in a 30-day period. ATCs must apply to the Department of Health (DOH) for permits to grow and dispense medicinal marijuana. The Compassionate Use of Medicinal Marijuana Act authorizes DOH to verify the information contained in the application and to monitor, oversee, and investigate all activities concerning each ATC seeking to operate in New Jersey. DOH has applications forms available.

Training Requirements: The training requirements as set forth in the New Jersey Administrative Code are as follows:

Alternative treatment center employee training

(a) Each alternative treatment center shall either:

1. Develop, implement and maintain on the premises an onsite training curriculum; or

2. Enter into contractual relationships with outside resources capable of meeting employee, agent and volunteer training needs.

(b) Each employee, agent or volunteer, at the time of his or her initial appointment, shall receive, as a minimum, training in the following:

1. Professional conduct, ethics and State and Federal laws regarding patient confidentiality;

2. Informational developments in the field of medical use of marijuana;

3. The proper use of security measures and controls that have been adopted; and

4. Specific procedural instructions for responding to an emergency, including a robbery or workplace violence.

N.J. Admin. Code 8:64–9.5. | more In This Section: New Jersey Laws & Regulations, Provider Legal Information >>   Learn more >> http://www.safeaccessnow.org/new_jersey_producer_provider_info

New Mexico Producer & Provider Info | Caregivers: Caregivers are allowed to assist patients with growing their medicine as long as they follow the terms specified in the patient's application for a production license. Registered caregivers are issued cards that protect them from arrest and prosecution for the possession of medical cannabis under New Mexico law. All caregiver applicants are required to undergo background checks before they are approved. DOH website has a packet for caregivers with all needed information and forms. Production/Distribution: The production and distribution of medical cannabis is provided by Licensed Non-Profit Producers (LNPP) throughout the state. A Qualified Patient may also obtain a Personal Production License (PPL) to grow medical cannabis for personal use. The Medical Cannabis Fund was created to allow the Department to utilize fees to fund program expenses. There are 23 Licensed Non-Profit Producers (LNPP) serving the Qualified Patients of New Mexico. Each LNPP is able to grow up to 150 total mature plants and seedlings at a given time. The Dept. of Health is monitoring the availability of medical cannabis and will notify the public when the need for additional Non-Profit Producers is identified. At that time the application process will be presented. For additional information please review the Licensing Requirements. The Personal Production License (PPL) is available for Qualified Patients who wish to produce medical cannabis for personal use only. In most cases there is a $30.00 non-refundable fee required with the application. The Personal Production Application is found on DOH website.

Training Requirements: The training requirements as set forth in the New Mexico Administrative Code are as follows:

I. Private entity policies and procedures: The private non-profit entity shall develop, implement and maintain on the premises policies and procedures relating to the medical cannabis program, which shall at a minimum include the following:

(1) distribution criteria for qualified patients or primary caregivers appropriate for cannabis services,to include clear identifiable photocopies of the registry identification card of every qualified patient or primarycaregiver served by the private entity;

(2) alcohol and drug-free work place policies and procedures;

(3) employee policies and procedures to address the following requirements: (a) job descriptions or employment contracts developed for every employee that identify duties, authority, responsibilities, qualifications and supervision; and

(b) training materials concerning adherence to state confidentiality laws;

(4) personnel records for each employee that include an application for employment and a record of any disciplinary action taken;

(5) on-site training curricula, or contracts with outside resources capable of meeting employee training needs, to include, at a minimum, the following topics:

(a) professional conduct, ethics and patient confidentiality; and

(b) informational developments in the field of medical use of cannabis;

(6) employee safety and security training materials provided to each employee at the time of his or her initial appointment, to include:

(a) training in the proper use of security measures and controls that have been adopted; and

(b) specific procedural instructions regarding how to respond to an emergency, including robbery or a violent accident;

(7) a general written security policy, to address at a minimum:

(a) safety and security procedures;

(b) personal safety; and

(c) crime prevention techniques;

(8) training documentation prepared for each employee and statements signed by employees indicating the topics discussed (to include names and titles of presenters) and the date, time and place the employee received said training; and

(9) a written policy regarding the right of the private entity to refuse service. 7.34.4.8(I) NMAC.

In This Section: New Mexico Laws & Regulations,   Learn more >> xxx

Oregon Producer & Provider Info | Caregivers/Growers A patient may designate one caregiver and one grower when they register for the program. Grow sites are to be registered with the Oregon Health Authority. Production/Distribution: On August 14, 2013, Gov. John Kitzhaber today signed House Bill 3460, into law establishing regulations for the creation of state-licensed medical cannabis facilities. The Oregon Health Authority (OHA) will be developing rules and regulations and will have oversight of the new statewide distribution system. The sections of HB 3460 that authorize the OHA to register medical marijuana facilities do not go into effect until March 1, 2014. A person responsible for a registered marijuana facility is not except from the criminal laws governing possession, delivery or production of marijuana as specified in ORS 475.309 until March 1, 2014, and then only if the facility has been registered by OHA. OHA has published information about the new program | In This Section Oregon Laws & Regulations   Learn more >> xxx

Rhode Island Producer & Provider Info | Caregivers: A patient may designate a primary caregiver to assists with cultivating and using medical marijuana. A primary caregiver must be at least twenty-one (21) years old and cannot have a felony drug conviction. The Department of Health may allow a person to serve as a primary caregiver if he/she was convicted solely for conduct that is permitted under the Rhode Island medical marijuana provisions. The Department may also make an exception if the caregiver is a close relative and his/her felony conviction was ten (10) or more years ago. A person can be a primary caregiver for no more than five (5) qualifying patients. A patient can only have up to two (2) primary caregivers. A primary caregiver with a registry ID card can possess up to twelve (12) marijuana plants and two and one-half (2.5) ounces of usable marijuana for each qualifying patient they are a primary caregiver for. A primary caregiver cannot have more than twenty-four (24) marijuana plants and five (5) ounces of usable marijuana no matter how many patients he or she is serving. A primary caregiver may receive reimbursement for costs associated with assisting a registered qualifying patient's medical use of marijuana. Forms can be found at the RI Department of Health's website.

Production/Distribution: | Not-for-profit compassion centers for the distribution of medical cannabis were authorized by law in 2009. Licensing of the centers is done by the Rhode Island Department of Health. Gov. Lincoln Chafee suspended licensing of compassion centers in October 2011 in response to threats from federal prosecutors, then resumed the program in January 2012 after background checks and additional plant limits were added to the licensing requirements. There are currently 3 compassion centers licensed in RI. Please refer Inquires regarding the licensing of a compassion center to the Office of Facilities Regulation at OFR@health.ri.gov or call 401-222-2566. Applications can be found at the RI Department of Health's website. In This Section: Rhode Island Laws & Regulations,   Learn more >> xxx

Vermont Producer & Provider Info | Caregivers: A caregiver must apply with the state and obtain a registry ID card. A patient may only have one caregiver at a time and a person can only be a caregiver for one patient at a time. A caregiver must be at least 21 years old and free of convictions for drug related crimes. A caregiver can cultivate marijuana in a secure indoor facility with locks the location of this facility must be specified in the caregiver application. Caregivers can cultivate/posses no more than two mature marijuana plants, seven immature plants, and two ounces of usable marijuana may be collectively possessed between the registered patient and the patient’s registered caregiver. A marijuana plant is considered mature when male or female flower buds are readily observed on the plant by unaided visual examination. Until this sexual differentiation has taken place, a marijuana plant will be considered immature.

Production/Distribution: | These rules are intended to implement the provisions of Title 18 Chapter 86 Vermont’s therapeutic use of cannabis as they pertain to the registered patient’s, caregivers and the creation of four marijuana dispensaries. If any of these rules contradict the provisions of Title 18 Chapter 86, then the language in Title 18 Chapter 86 shall prevail. This program shall be referred to as the Vermont Marijuana Program (VMP). The rules include definitions of terms, and identification of debilitating medical conditions for which the use of marijuana is authorized. They also include procedures for issuing a certificate of registration to a dispensary, and registry identification cards to qualified patients, caregivers, staff of hospice providers and nursing facilities, and qualified principal officers, board members and employees of dispensaries. The VMP rules also govern confidentiality, payments of fees, and enforcement of these rules. Applications are now available. In This Section: Vermont Laws & Regulations, Provider Legal Information >>   Learn more >> http://www.safeaccessnow.org/vermont_producer_provider_info

| Washington Laws and Regulations, Provider Legal Information >>   Learn more >> http://www.safeaccessnow.org/washington_producer_provider_info

Patient Focused Certification Program | As states across the country have granted patients’ rights to access medical cannabis, a new industry has formed to meet these needs. Many states and localities have created regulations to govern the location, size, taxation and even the ownership and management structures of these businesses and non-profits. While these regulations are important in integrating these businesses into the local landscape they do not, for the most part address the safety of the product being sold or the distribution model providing patient access. In This Section:

What is PFC? | PFC is the only certification based on the new quality standards for medical cannabis products & business issued by the American Herbal Products Association (AHPA).

Standards Development | PFC certifies compliance with state and local regulations as well as AHPA and AHP standards and provides standardized industry training in collaboration with the Cannabis Training Institute.

Professional Training | PFC industry trainings are co-produced with the Cannabis Training Institute (CTI). Such trainings are mandatory in some states such as DC, MA, NV, CT, and AZ and for businesses seeking PFC certification. Certificates are also available for individuals wanting to enter the medical cannabis industry.

AHPA Guidelines | Standards are established guidelines which provide a system of processes, procedures, and documentation to assure medical cannabis products have the quality, strength, composition, and identity they represent to possess, and the companies that distribute them are committed to quality.

Patient Focused Professional Credentials | Certifications and credentials offered through the Patient Focused Certification website.

Companies | Patients Focused Certified Companies across the country.

Quality of Care | This section discusses medical emergencies in the provider's workplace, how to work effectively with patients, and the Patients' Bill of Rights. Medical Emergencies | Patients in medical cannabis dispensaries suffer from a variety of medical conditions and symptoms. Staff should be ready to respond to a patient who has a medical emergency or may need professional help. In general, you should call an ambulance if a patient:

Suffers a seizure or heart attack

Falls down or is injured to a degree that requires medical attention

Loses consciousness or faints

Becomes suddenly disoriented, confused, or unresponsive

Asks for emergency medical care

Treated with dignity and respect

Privacy through confidentiality

Participate as a partner

Culturally sensitive environment

Equitable share of social resources

View challenges from their own perspective

Negotiate the distribution of roles with caregivers and dispensary workers

Collaborate in dispensary process

Help understand time frames and know costs involved

Positive patient interaction and rapport building are essential components to a pleasant experience for your patients. Strive to have positive interactions with patients! Interactions with patients can be both verbal and non-verbal. The Medical Cannabis Patient's Bill of Rights | The Medical Cannabis Patients' Bill of Rights is designed to outline the basic rights of individuals who use cannabis pursuant to a recommendation from a physician to control symptoms of a serious or chronic medical condition. These rights can help those who provide medical cannabis to patients to ensure that they are upholding the highest possible standards. See List, Learn more >>   http://www.safeaccessnow.org/quality_of_care

Raid Preparedness | The Raid Response Campaign only works if a community is prepared in advance; this means providers and the community alike. We developed this campaign to provide support to victims of law enforcement raids and frame the media coverage. We have orchestrated over 200 emergency Raid Response efforts, which have supported countless victims and helped frame this issue as a patients' rights issue in the media. This document is a tool for preparing for a law enforcement raid. Not every bullet point applies to every provider. Think of this as a guide to having an internal conversation with partners, managers, and staff - as opposed to a simple checklist. To sign up for raid alerts as a providor, please visit the ASA Raid Center. OPERATIONAL PREPARATION: When providing medical cannabis, there are certain principals and methods of operation that should be considered:

Organize & protect patient, doctor, and financial data - use encryption software and off-site storage whenever possible (or in accordance with state and local laws)

Establish and maintain your center in a legal and professional manner - pay your taxes, obey zoning laws, comply with all labor laws, etc. Failure to do so can complicate your legal situation following a raid.

Minimize exposure by keeping inventory manageable and discussing financial obligations with any debtors or investors in advance.

Label all medical products and related items "for medical use only"

Have off-site location to store backup copies of patient and financial data, maybe with your lawyer

Avoid storing any illicit drugs, weapons, pornography, or unauthorized persons on- site

Monitor the area around centers for signs of surveillance; approach people who are suspicious. Get license plate numbers and record information about the contact

Consider having an alternative location to continue services for qualified patients- churches, etc

Be prepared to forward patients to centers that are still open

Get word out to other providers about raid specifics so they can be better prepared

Get people out of jail and offer jail support to those inside

Plan Court support

Develop long term legal plan and response to case(s)

Work on defense fund

Raid Prep Information (PDF) |   Learn more >> http://www.safeaccessnow.org/raid_preparedness

Basic Legal Info for Providers | Despite the passage of over 23 state laws, patients, caregivers, and providers are vulnerable to federal and state raids, arrests, prosecutions, and incarceration. They also suffer pervasive discrimination in employment, child custody, housing, public accommodation, education and medical care because of misinformation about the medical efficacy of cannabis and a lack of statutory legal protections. >>   Learn more >> http://www.safeaccessnow.org/patient_and_provider_legal_information In This Section:

Limiting Law Enforcement Encounters | The Best Law Enforcement Encounter is the One that Never Happens. Fortunately, many patients and caregivers never encounter law enforcement problems. Those that do fairly regularly report successful interactions with local and county police. Many municipalities offer strong protection to medical cannabis patients. However, even in friendly jurisdictions, patients are still being harassed and arrested for medical cannabis, even if they present a valid medical cannabis ID card. In This Section: Sensible Medical Cannabis Use, Being a Good Neighbor, Being Prepared in Advance for Successful Law Enforcement Encounters, Use Common Sense, Safe Gardening, Security Culture >>   Learn more >> http://www.safeaccessnow.org/limiting_law_enforcement_encounters

Law Enforcement Encounters: Know Your Rights | Making the choice to participate in a medical cannabis program or to resist current laws should be done with thoughtful consideration. Following the law in your local area may not always protect you from law enforcement encounters, and the more you know about your rights, the more likely you will be to have a successful encounter with law enforcement. In This Section: Law Enforcement Encounters, Reasonable Suspicion vs. Probable Cause, Searches, Questioning, Miranda Rights, Arrest and Search Warrants, Infiltrators and Informants, Phone Calls in Jail, Taking Notes >>   Learn more >> http://www.safeaccessnow.org/law_enforcement_encounters_know_your_rights

Demystifying the Legal System | Once you are in the legal system, there is a general a basic set up steps for everyone despite jurisdiction or agency. This section is meant to “demystify” the system so if you find yourself in jail you can know what to expect. Laws surrounding release options may vary state to state. In This Section: Getting Out of Jail, Going To Court, Court Support and Organizing During Trials >>   Learn more >> http://www.safeaccessnow.org/demystifying_the_legal_system

Patients' Right Project | The Patients’ Rights Project (PRP) provides direct support and guidance to those using and providing medical cannabis and uses advocacy, media outreach and the courts to expand their rights. Legal patients and providers suffer pervasive discrimination in employment, child custody, housing, public accommodation, education, and medical care. Too often, patients must choose to break outdated or unworkable state laws that do not allow legal access. Furthermore, all medical cannabis patients and their providers must still violate federal law. >>   Learn more >> http://www.safeaccessnow.org/patients_rights_project In This Section:

The Medical Cannabis Advocate's Training Center | ASA believes that good policy is created when those who are most affected are at the table. ASA has always been committed to demystifying political systems and providing advocates the tools they need to participate in the processes in a meaningful way. >> ?   Learn more >> xxx

State Law Implementation | ASA follows the implementation of regulations and laws in cities and states, as well as law enforcement encounters. Tracking this information enables ASA to identify the need for advocacy and impact litigation. >>   Learn more >> http://www.safeaccessnow.org/state_law_implementation In This Section:

The Medical Cannabis Advocate's Training Center | ASA believes that good policy is created when those who are most affected are at the table. ASA has always been committed to demystifying political systems and providing advocates the tools they need to participate in the processes in a meaningful way. >> ?   Learn more >> xxx

Medical Cannabis Think Tank & Policy Shop | ASA’s think tank helps activists analyze and improve pending laws and regulations. We analyze the legislation and propose changes that incorporate what local patients need. >>   Learn more >> Policy page

Free Legal Hotline | ASA staffs a toll-free legal hotline and uses the information gathered to develop authoritative reports for elected officials and media, track trends and identify opportunities for impact litigation. If there’s one number to call when you have a medical cannabis related legal problem, it’s ASA’s legal hotline: 510-251-1856. >>   Learn more >> http://www.safeaccessnow.org/legal_hotline

Court Support | In This Section: | Workbook: Organizing court support >>   Learn more >> http://www.safeaccessnow.org/training_organizing_court_support

Support POWs | Take a minute to write a short note on this holiday. Your comments mean the world to someone unjustly convicted and jailed for medical cannabis. You will feel great about it, and you will make someone’s day when they know you thought of them. >>   Learn more >> http://www.safeaccessnow.org/support_prisoners_of_war

Policy Makers | Information for policy makers on drafting and implementing patient-centric medical cannabis legislation and regulations, including state-by-state guides and comparison charts.   Learn more >> Policy Shop In This Section:

What is the Policy Shop? | Utilizing ASA’s eleven years of experience in implementing medical cannabis laws and our “Legislating Compassion” and “Regulating Compassion” policy tools, ASA staff offer patient advocates and policy makers legislative and regulatory analysis, amendments for legislation and regulations, strategy advice, campaign development and support, and targeted lobbying materials. >>   Learn more >> http://www.safeaccessnow.org/what_is_the_policy_shop

Reports | ASA conducts and compiles research on issues affecting medical cannabis patients across the country. >>   Learn more >> http://www.safeaccessnow.org/asa_reports

Legislating Compassion: State by State Comparison | In the early days of the national movement for medical cannabis, advocates focused on the criminal justice aspects of the issue. Protecting patients and cultivators from arrest and prosecution was, out of necessity, an almost singular priority. As medical cannabis moves into the mainstream, the range of priorities is growing to include defining functional access models, protecting patients' civil rights, ensuring quality controls, and other public health and safety issues. >>   Learn more >> http://www.safeaccessnow.org/legislating_compassion

Model Legislation | This is ASA's principles of Legislating Compassion put into legislative form. This template for state-level legislation includes criminal and civil protections for patients. It also allows for personal cultivation and a dispensing center program. Our Dream Bill! >>   Learn more >> http://www.safeaccessnow.org/model_legislation

Guide to Regulating Industry Standards | As states continue to introduce laws providing patients with access to medical cannabis, now more than ever patients, caregivers and health care providers are looking for a way to secure reliable, high-quality medical cannabis products. In 2011, Americans for Safe Access (ASA) began to work with the American Herbal Products Association (AHPA),the principal U.S.trade association and voice of the herbal products industry since 1982,to bring their knowledge and expertise to the medical cannabis industry. >>   Learn more >> http://www.safeaccessnow.org/regulators_program_guide_for_medical_cannabis

AHPA Industry Standards | Founded in 1982, AHPA is the oldest of the non-profit organizations that specializes in service to the herbal industry. It is the voice of the herbal products industry and the recognized leader in representing the botanical trade. With more than 300 members, AHPA's membership represents the finest growers, processors, manufacturers, and marketers of botanical and herbal products. >>   Learn more >> http://www.safeaccessnow.org/ahpa_industry_standards

| Pending State Legislation | Pending State Medical Marijuana Legislation. >>   Learn more >> http://www.safeaccessnow.org/pending_state_legislation

ASA’s Analysis and Public Comment | Over the years ASA has weighed in on state and local legislation and regulations. Look in this section to see if ASA has already responded to legislative proposals in your area. >>   Learn more >> http://www.safeaccessnow.org/asa_s_analysis_and_public_comment

ASA Policy Positions | Cannabis as a Medicine | Background: Between 1840 and 1900, European and American medical journals published more than 100 articles on the therapeutic use of cannabis. In the early 1900s, pharmaceutical giant Eli Lilly produced whole plant cannabis extract for sale to patients whose physicians recommended it. Today, new studies are being published in peer-reviewed journals that demonstrate cannabis has medical value in treating patients with serious illnesses such as AIDS, glaucoma, cancer, multiple sclerosis, epilepsy, and chronic pain. The US National Library of Medicine includes more than 6,500 published scientific articles on medical applications for cannabis. Although the federal government continues to ignore the medical efficacy of cannabis, many of the isolated compounds found in the cannabis plant are being researched and used medically. In fact, Nabilone and Dronabinol, which are isolated cannabis compounds, are currently prescribed and sold for medical use in the United States. Learn more about ASA's policy position on medical marijuana >>   Learn more >> http://www.safeaccessnow.org/asa_medical_marijuana_policy_position