Colorado House Bill 1284

[John Denco]

Reading about growing

Reading about growing

Help me here. Is there a coherent summary of this bill somewhere?

I am using the PDF search function to search the bill for "GROW" and what I am getting is that only dispensaries, at their optional grow centers can grow commercially. Someone wrote somewhere else that grow centers can contract with growers for up to 30% of their meds, and that growers can contract with up to five dispensaries to provide them up to 30% of their meds. Is this anywhere in the bill? Anyone ...help?

 

[Budsworth]

Oh Shit wisco. That almost made me spit water all over the screen.

Thanks. LOL.




Happy Mothers Day to all the Colorado Mothers out there. I hope you have a great day!

Called my Mother today. She picked up the phone and before I had a chance to say anything, she said, "Happy Mother's day to you...because I've always thought you were a real Mutha."

 

[Mile Hi Dave]

Help me here. Is there a coherent summary of this bill somewhere?

I am using the PDF search function to search the bill for "GROW" and what I am getting is that only dispensaries, at their optional grow centers can grow commercially. Someone wrote somewhere else that grow centers can contract with growers for up to 30% of their meds, and that growers can contract with up to five dispensaries to provide them up to 30% of their meds. Is this anywhere in the bill? Anyone ...help?

Correct...only dispensaries can grow commercially. In fact, they have to prove they can supply that 70% by 9/1/2010. These "Centers" will be able to get additional "offsite" permits...but they still belong to the center. Some centers are working on partnerships with growers, so they can survive....

 

[Balazar]

I wonder if Romer's mother knows what he does for a living.

 

[Citizen80919]

Help me here. Is there a coherent summary of this bill somewhere?

I am using the PDF search function to search the bill for "GROW" and what I am getting is that only dispensaries, at their optional grow centers can grow commercially. Someone wrote somewhere else that grow centers can contract with growers for up to 30% of their meds, and that growers can contract with up to five dispensaries to provide them up to 30% of their meds. Is this anywhere in the bill? Anyone ...help?

The other 30% has to come from another MMC, it can't come from random growers. I haven't seen anything in the bill about growers contracting.

I believe that the grow has to be owned by the dispensary and the grower employed with the operation run under an optional off site cultivation license. But who knows, I'm not a lawyer.

This was on page 39 of the current document:

18 (4) NOTWITHSTANDING THE REQUIREMENTS OF SUBSECTION (3)OF
19 THIS SECTION TO THE CONTRARY, A MEDICAL MARIJUANA LICENSEE MAY
20 PURCHASE NOT MORE THAN THIRTY PERCENT OF ITS TOTAL ON-HAND
21 INVENTORY OF MEDICAL MARIJUANA FROM ANOTHER LICENSED MEDICAL
22 MARIJUANA CENTER IN COLORADO. A MEDICAL MARIJUANA CENTER MAY
23 SELL NO MORE THAN THIRTY PERCENT OF ITS TOTAL ON-HAND INVENTORY
24 TO ANOTHER COLORADO LICENSED MEDICAL MARIJUANA LICENSEE.

From Page 8, defining optional cultivation location:

4 (12) "OPTIONAL PREMISES CULTIVATION OPERATION" MEANS A
5 PERSON LICENSED PURSUANT TO THIS ARTICLE TO OPERATE A BUSINESS AS
6 DESCRIBED IN SECTION 12-43.3-403.
7 (13) "PERSON" MEANS A NATURAL PERSON, PARTNERSHIP,
8 ASSOCIATION, COMPANY,CORPORATION,LIMITED LIABILITY COMPANY, OR
9 ORGANIZATION, OR A MANAGER, AGENT, OWNER, DIRECTOR, SERVANT,
10 OFFICER, OR EMPLOYEE THEREOF.

This defines "-403" who can have the optional cultivation license. A License holding MMC as defined in 12-43.3.402

16 12-43.3-403. Optional premises cultivation license. AN
17 OPTIONAL PREMISES CULTIVATION LICENSE MAY BE ISSUED ONLY TO A
18 PERSON LICENSED PURSUANT TO SECTION 12-43.3-402

Here is what the -402 points to:

12-43.3-402. Medical marijuana center license.


In the end, from what I can flush out of this pig is that the only place a MMC can get the addl 30% is from another MMC. Caregiver overages can not be sold to dispensaries.

I don't know how a grower could contract with a dispensary. But maybe there is a way to get it done. To me it seems like they have to be part of the MMC to grow the 70% for them or be their own MMC to sell that additional 30% to them.

Comments ??

 

[Bud Spleefman]

The other 30% has to come from another MMC, it can't come from random growers. I haven't seen anything in the bill about growers contracting.

I believe that the grow has to be owned by the dispensary and the grower employed with the operation run under an optional off site cultivation license. But who knows, I'm not a lawyer.

This was on page 39 of the current document:

18 (4) NOTWITHSTANDING THE REQUIREMENTS OF SUBSECTION (3)OF
19 THIS SECTION TO THE CONTRARY, A MEDICAL MARIJUANA LICENSEE MAY
20 PURCHASE NOT MORE THAN THIRTY PERCENT OF ITS TOTAL ON-HAND
21 INVENTORY OF MEDICAL MARIJUANA FROM ANOTHER LICENSED MEDICAL
22 MARIJUANA CENTER IN COLORADO. A MEDICAL MARIJUANA CENTER MAY
23 SELL NO MORE THAN THIRTY PERCENT OF ITS TOTAL ON-HAND INVENTORY
24 TO ANOTHER COLORADO LICENSED MEDICAL MARIJUANA LICENSEE.

From Page 8, defining optional cultivation location:

4 (12) "OPTIONAL PREMISES CULTIVATION OPERATION" MEANS A
5 PERSON LICENSED PURSUANT TO THIS ARTICLE TO OPERATE A BUSINESS AS
6 DESCRIBED IN SECTION 12-43.3-403.
7 (13) "PERSON" MEANS A NATURAL PERSON, PARTNERSHIP,
8 ASSOCIATION, COMPANY,CORPORATION,LIMITED LIABILITY COMPANY, OR
9 ORGANIZATION, OR A MANAGER, AGENT, OWNER, DIRECTOR, SERVANT,
10 OFFICER, OR EMPLOYEE THEREOF.

This defines "-403" who can have the optional cultivation license. A License holding MMC as defined in 12-43.3.402

16 12-43.3-403. Optional premises cultivation license. AN
17 OPTIONAL PREMISES CULTIVATION LICENSE MAY BE ISSUED ONLY TO A
18 PERSON LICENSED PURSUANT TO SECTION 12-43.3-402

Here is what the -402 points to:

12-43.3-402. Medical marijuana center license.


In the end, from what I can flush out of this pig is that the only place a MMC can get the addl 30% is from another MMC. Caregiver overages can not be sold to dispensaries.

I don't know how a grower could contract with a dispensary. But maybe there is a way to get it done. To me it seems like they have to be part of the MMC to grow the 70% for them or be their own MMC to sell that additional 30% to them.

Comments ??

I am not a lawyer so what I think could be totally wrong, but I have been doing quite a bit of thinking on this matter, and it seems that:

1. If you are growing in a house or apartment or some sort of property that is residential, you are screwed. Even if you own a Dispensary and that is "YOUR DISENSARY GROW" the State isn't going to give you a license to grow there. So, home grows, limited to serving 5 patients, period.

2. If you are a grower with a grow in an AG property, or a Commercial or Industrial space, you could probably work a deal with a Dispensary that maybe you've already been vending too, to become a part of that Dispensary. They can give or sell you a fractional ownership in the Dispensary, like 1%, maybe even doesn't earn any profit, but gives your the right to provide that Dispensary meds, and them the right to buy meds from you. You would of course, be subject to the Auditors with Guns up in your grow, however often they wanted to come. Your grow would technically belong to the Dispensary, your title would be Grower, your employer, the Dispensary. You would probably be required to meet all building code inspections, etc... pull a permit everytime you ran a wire, etc.......

3. Dispensaries can buy and sell from each other, only, and only 30% of what they have, which is confusing, because if today I have 100 units, and I sell 30 units today.... then at the begining of tomorrow, I have 70 units, I can sell 21 more units??? (30%) ..... not really clamping down on that, are they???!

Over all, I think the bill is very confusing, and seems to have some discrepancies, which actually I am thrilled by because if they make laws that themselves are contradictary it will be harder for them to enforce them!

 

[Greenmopho]

Dispensaries can buy and sell from each other, only, and only 30% of what they have, which is confusing, because if today I have 100 units, and I sell 30 units today.... then at the begining of tomorrow, I have 70 units, I can sell 21 more units??? (30%) ..... not really clamping down on that, are they???!

I think you have to show your total sales (for the month, week, day, year, not sure), and 30% on the books. It does get a bit confusing. Because, lets say you have 100 units, you can sell 30 units, but what if you keep your 30 by choice, but now you just bought another 30 from another MMC, then the next day you 130 units, can you sell 39 units of the 130? Seems like there will be a hustle in it for the MMCs with this kind of trickery. And then how can the "auditor with guns" figure out what is going on? How will they know what weed originated at what grow? DNA testing?

These auditors with guns better come equipped with a Masters degree in Finance Accounting, either that or the state will be paying for us to do our accounting while the auditor takes 3 months to figure out the books at only one MMC.

Over all, I think the bill is very confusing, and seems to have some discrepancies, which actually I am thrilled by because if they make laws that themselves are contradictary it will be harder for them to enforce them!

Very true, but at the same time, if its too confusing, it can be misread by LEO, and then they think we are ALL breaking the law...again...

 

[bluepeace]

Still headed for Colorado next week. At this point just looking for regular job got 2 interviews. The bill is beyond bullshit. Not worth even considering moving to grow anything at this point just need more mountains in my diet. Phoenix is getting to damn hot and are Hispanic population seems ready to take hostages. F this I'm on the road!!!!!

 

[Balazar]

I think the 30% rule is bound to 30% of your total allotment. I think that's what they mean but it's not exactly how it reads. So if you are allowed to have 100 units of "the shit" then you can only buy or sell 30 at a time and you cant go over 100. So if you only have 70 you could buy 30.

I think they are trying to force growers into the "dispensary license" too. If you think about it they are trying to force us into commercial buildings to grow and we have to pay the license fees too. You could just get a building to grow in and choose not to sell to the public and just to dispensaries right? You could sell your crops still, just 30% of your allotment at a time. I think this is a piece to the 30% puzzle.

 

[Mile Hi Dave]

I think they are trying to force growers into the "dispensary license" too. If you think about it they are trying to force us into commercial buildings to grow and we have to pay the license fees too. You could just get a building to grow in and choose not to sell to the public and just to dispensaries right? You could sell your crops still, just 30% of your allotment at a time. I think this is a piece to the 30% puzzle.

They have a name for it --- "vertical integration". and that is exactly what this bill does....

 

[cannagirl]

has anyone seen or heard of this group?
http://www.medicalmarijuanacaregiversofcolorado.com/

 

[SnowGro]

All the (subliminal parentheses) make me want to (run away).

 

[Cannoiseur]

So how successful are we expecting the filed injunctions to be? Technically there are large portions of this bill that directly contradictory to Amendment 20, and the state amendment directly supersedes House Bills right? I think we'll be able to get a fair portion of our demands met on the grounds that the state constitution supports easy access to medication for patients.....

 

[Mile Hi Dave]

Well it looks like they have other problems. Have you received your card? If not, read this: http://www.thedenverchannel.com/news/23488571/detail.html

They have 13 people working, processing 300/day total...that is 23 per person, per day....talk about an easy State job!!!

 

[Cannoiseur]

I'm very frusterated about that issue as well. I sent in my paperwork with the $90 money order in September and I still haven't heard anything from them. I'm debating going to a doctor again to get it renewed before the new bill gets enacted just in case stuff gets a little tougher but I don't want to throw away another $90 with no hope of ever actually getting my card...

 

[Budsworth]

Well it looks like they have other problems. Have you received your card? If not, read this: http://www.thedenverchannel.com/news/23488571/detail.html

They have 13 people working, processing 300/day total...that is 18 per person, per day....talk about an easy State job!!!

I'm a efficiency freak in regards to my work. Make me the boss...I'd double that output in the first week...and triple it by the end of the first month.

 

[Tr33]

I'm very frusterated about that issue as well. I sent in my paperwork with the $90 money order in September and I still haven't heard anything from them. I'm debating going to a doctor again to get it renewed before the new bill gets enacted just in case stuff gets a little tougher but I don't want to throw away another $90 with no hope of ever actually getting my card...

Just wait...have patience! Your card will be dated a day or 2 from the day you receive it, not when you sent it in. You are good as long as you have your proof of mailing with your copies of your Dr rec. that you carry.

 

[Cannoiseur]

I don't have those unfortunately. Back when I sent the paperwork in there wasn't such a stink about the huge backup and I didn't really think it was necessary. I just sent it regular mail, not registered or priority mail. I'm amazed at how much the scene has changed in just 9 months

 

[StrictlyGateway]

has anyone seen or heard of this group?
http://www.medicalmarijuanacaregiversofcolorado.com/

loooks like this group is connected to a dispensary. not one of the big POS's that are f'n things up, though. i may try and make the next meeting to see?? website leaves something to be desired, imo. not that it's the be all end all, but it'd be nice if their web presence was a bit more pro, but oh well.

 

[Tripsick]

I guess it depends on how you spin it..

An attempt to kill HB 1284, the medical marijuana regulatory bill, fell short yesterday -- and that's fine by Sensible Colorado's Brian Vicente, a prominent MMJ advocate.

"I think we're seeing desperation on the side of law enforcement," he says, "and I also think they can't see the forest for the trees. They're so sued to being in the prohibitionist mindset that they can't possibly fathom regulating marijuana."

According to Vicente, who spent Monday at the Capitol, "you had a coalition of law enforcement bringing a resolution for a referendum that would have explicitly destroyed dispensaries. It would have said they were illegal under state law and would have heaped all kinds of really onerous requirements on caregivers that aren't currently in the constitution.

"They wanted to put it before the voters in November, which would have been a waste of time, because I think the voters would have soundly rejected it. But it was a very clear attempt by them to destroy the safe-access model."

In Vicente's view, this approach, had it passed, would have been extremely counterproductive.

"They were really arguing against their own interests," he maintains. "Instead of having a certain number of MMJ centers in every community that they can oversee and that are regulated, they tried to disperse them into tens of thousands of small neighborhood grows across the state that they couldn't regulate. So there was a piece of logic missing from their argument. But I think they're just throwing everything at the wall to see what sticks."

In the meantime, Senator Chris Romer, who's in favor of regulation, albeit of a sometimes controversial sort, has been causing confusion by proposing loads of new amendments -- including a proposal that 21-year olds be banned from dispensaries.

Keeping track of these shifts is a fulltime job for Vicente. Take the suggestion that MMJ regulations be put in place by July 1 rather than July of 2011, as the bill stated earlier.

"The timeline is a concern mainly because I think it's geared at shutting down a large number of dispensaries," Vicente says. "And that really shuts down patient access and an opportunity to get medicine. But it's really been a roller coaster trying to follow where the sponsors are trying to go with this. I got an e-mail this morning that said now they're looking at an application deadline of August 1, and September 1 would be when dispensaries would have to certify that they are in compliance with the 70-30 integration model," which requires dispensaries to grow 70 percent of their own product.

As Vicente sees it, this last alteration "is somewhat more reasonable, but I still think it's going to make it difficult for businesses to comply. As [fellow MMJ advocate] Matt Brown has said, that's like requiring Whole Foods to produce 70 percent of their own vegetables by September 1. I think that's unrealistic and will benefit the big operators, and make things more difficult for the mom-and-pop businesses."

Right now, it looks as if the bill could reach the senate floor as early as tomorrow, with Vicente hinting that "we may have our bill in its final shape by tomorrow afternoon." If things work out that way, there'll be incredible pressure to make fixes in just a few hours.

What does he think will cause the biggest fights?

"We're still pushing to protect some of the constitutional provisions, like allowing caregivers to take care of more than five people if that's appropriate for their situation, and perhaps addressing the one-year moratorium on new businesses in there. Our dream is to get growers licensed in some way, but that may be difficult. And we'd also like to address some of the issues about banning people with prior criminal records from becoming licensees of centers. I think some of that is just overly punishment-oriented and not focused on what's best for patients and the industry."

If something actually passes, Vicente is confident law-enforcement types will despise it. In his words, "the very thought of that makes them cringe."