Colorado House Bill 1284

[Easy Skanking]

Advertise the purpose of starting this company, and that is is caregiver driven not money driven. Advertise it is started by small cali growers, and you will retain loyalty and drive the cali folks onto the next state.

Zep - I am assuming you meant to say "started by small Colorado growers" above. Just wanted to clarify...

Awesome pics of Rocky Mountain National Park by the way!

 

[Hash Zeppelin]

Zep - I am assuming you meant to say "started by small Colorado growers" above. Just wanted to clarify...

Awesome pics of Rocky Mountain National Park by the way!

you are correct. i meant small colorado growers

 

[Tripsick]

Some Copy and Paste Action...

Medical marijuana ban: Aurora City Council wants voters to approve one

Almost immediately after the passage of HB 1284, a bill to regulate the medical marijuana industry, and SB 109, intended to clarify the relationship between doctors and MMJ patients, attorneys like Jessica Corry made it known that lawsuits would challenge numerous provisions, including language allowing communities to ban dispensaries.

That's not scaring off the Aurora City Council. Although a moratorium remains in effect, councilman Bob Broom says, "we assessed this and asked the city attorney to draft an ordinance with ballot language to ban medical marijuana dispensaries, commercial grow operations and facilities that use marijuana to make products for future use."

These plans were agreed upon during a study session over the weekend. But Broom notes that the council "has been watching this for a number of months. We put a moratorium on them the last time, because we wanted to wait for the state legislature; we didn't want to do anything that would conflict with what they came up with. But when they came up with their final law, we decided it was time to move forward."

In addition to pushing for a ballot measure, the council also extended its moratorium until June 2011 just in case things don't go as planned. "If the voters pass a ban, then it's banned, and we'll just have to deal with caregivers" -- meaning individuals who are permitted to provide medical marijuana to as many as five patients, as specified in Amendment 20, which legalized MMJ in Colorado. "If it doesn't pass, then we'll have to have some kind of ordinance dealing with regulating the other facilities, which will primarily be a zoning issue in my eyes."

HB 1284 says that dispensaries and the like can be banned by communities either through action by local government or via a vote of the people. Since the Aurora council is clearly anti-dispensary, a simple vote by these representatives would seem to be the most reliable way to turn the moratorium into a permanent ban -- but some observers believe this move might be more likely to attract a legal challenge than would a vote of the people.

Was this a factor in the decision to take the issue to the November election? Broom says "no." As he acknowledges, Aurorans voted in favor of Amendment 20, as did a majority of citizens across the state. "so it didn't make sense for the council to make that decision," he says. "We thought we should go back to the voters again."

As for Broom, he thinks dispensaries would be bad for Aurora for a couple of reasons.

"One thing that really concerns me, and has from the beginning, is that marijuana is an illegal substance at the federal level," he says. "How in the world can you have a state law that overrides the federal law?"

That's not to say he rejects the possibility that marijuana might have some medicinal benefits: "I'm not totally black-and-white on this," he maintains. "But when you combine drugs and money at various locations, I think you're going to end up with, if not armed robberies, then break-ins at night and all kinds of things like that, which will put an additional burden on our police department and our court system."

Likewise, he feels that by forcing Aurorans who use medical marijuana to deal with a caregiver who can only assist a handful of patients, "it kind of puts the lid on people who are just getting cards for recreational usage."

Because it's among Denver's largest suburbs, Aurora could well be first in line for lawsuits -- and, in addition, court challenges in other municipalities might be applied to the council's actions. "We did discuss that a little bit," Broom allows. "And the city council has the ability up until September 3 to pull the election question. Then we could have a special election sometime next spring if things came up that might make us pause. And the ordinance has to wind its way through our public safety committee, and then come back to the city council after they put their finishing touches on it. And you never know what information you might learn as it goes through that process. We just want to keep our options open."

At the same time, though, Broom says questions about medical marijuana can't be put off for long.

"I've talked to county commissioners and city councilmen from other places, and they say, 'We're going to wait and see as long as we can,'" he recalls. "That's one way of doing things -- but eventually you're going to have to deal with it. And we think we need to deal with it right away."

 

[Baddog40]

"...which will put an additional burden on our police department and our court system."

And keeping marijuana illegal wont. Goddamn sociopathic nazis.

 

[Hash Zeppelin]

http://www.redstonereview.com/2010/05/town-considers-options-with-state-marijuana-laws-in-effect/

here is an interesting article from lyons.

 

[Easy Skanking]

There are obviously still tons of areas relating to HB1284 that need clarification.

The issue that I am currently pondering is as follows:
So if HB1284 says that cities, towns, and counties can make their own guidelines regarding how to treat MMJ Dispensaries but are required to allow caregivers serving 5 patients then what about places like Fort Collins? For example, right now Fort Collins limits a caregiver to a total of 2 patients or 12 plants. So does the new HB mean that the 2 patient / 12 plant rule is no longer valid?

If it is still valid, then this just means that cities, towns and counties could just ad a provision like Fort Collins and still be able to limit small caregivers... Thoughts?

 

[cobcoop]

A city can not legally limit caregivers. I think they can make it a pain in the ass through zoning and police harassment however.

 

[HossCartwright]

What LEO are doing to caregivers in places like Ft Collins and Co Springs is not legal or constitutional. They are rogue police departments clearly harassing people. Hire the best ball busting attorney you can afford and sue the fuck out of them if you get caught up in it.

 

[Greenmopho]

Wish they would make it like in California, where cities and counties can set HIGHER and more lenient limits than the state. That would just make everyone try to move to Boulder or Summit County.

 

[relaxalot]

It will be a monumental step backwards for Colorado when this thing goes into effect. The uneducated fools that crafted this bill seemingly 'cant see the forest for the trees'...

Everyone - patients, caregivers, state and local governments will lose. Everyone but the big boys will lose as the result of a handful ignorant jackasses. What a waste of time, energy, and our taxes it is to wage an unnecessary war on something that brings happiness and comfort to so many.

The whole bill is fundamentally and constitutionally flawed. I can't seem to find the "need" for any of this no matter what angle I try to look at it from. And my only reprieve is that MY vote says this will cost them their jobs.

 

[draco]

seems to me that this bill will certainly send many experienced growers back to the shadows. this bill is fucked. i am feeling that total legalization is the ONLY honest and forthright approach. this medical excuse is being revealed for what it is - bullshit. seems like many growers that tried the med thing have been given a bag of shit and are going back to the black market - there will be many more growers supplying the black market thanks to this amendment 20... looking back, it was inevitable.

i was gifted some black market bud yesterday (first i've had for a long time) and it is fucking fire! i have been smoking dispensary bud for too long apparently...

 

[Tr33]

black market bud yesterday (first i've had for a long time) and it is fucking fire

and it's cheaper too! LOL

 

[trichrider]

Legal vs. Black Market?
Or
Dispensary vs. Caregiver?

Are the prices of quality marijuana in medical dispensaries comparable to that of the black market? We’ll see…

Using a sliding scale focusing on the L’bo price, (obviously you have to know where to start) I’ll compare what gram prices are for medical patients to the THMQ prices in HT magazine.

If the dispensaries are paying for product at $4000.00 per pound,
$4000. = $250.00 per oz = $9.00 per gram
$3500. = $219.00 per oz = $7.85 per gram
$3000. = $188.00 per oz = $6.70 per gram
$2500. = $156.00 per oz = $5.57 per gram
These prices do not reflect any markup in price that the dispensaries pass on to the patient, nor the tax applied, just cost to them.

THMQ on the other hand, quotes prices in the range of $418.00 per oz ($14.92 per gram or $5013.00 per pound) which means that black marketeers are definitely making some serious scratch providing meds to patients.
While THMQs’ prices are an average of submitted strains, the black market thrives by using these averages to justify prices apparently by branding what could possibly be just mids. There are many reviews stating that dispensary strains are just not what they claim to be. These dispensaries may have been bilked by unscrupulous growers further destroying their credibility as providers of medicine!

Since there exists no empirical data on consumption, by patients or recreational users, either using traditional methods or vaporization, I had to use a conservative estimate of one gram per day. One gram per day equates to one oz per month. At that rate you would spend $5016.00 per year. Go up to two grams per day and it begins to get pricey! You can see how it can become very expensive.

Acquiring a month's supply using two grams per day will put you over the legal amount in posession (2.14 oz). With plant restrictions in place, caregiver/growers will want to increase veg time to supersize their plants...but with that comes the conundrum, as each larger plant will produce more than the legal amount of dried/cured medicine.

From what I have read, dispensaries are charging from $10.00 to over $20.00 per gram for medical grade marijuana. I used an average of $15.00 per gram. Realize that they have overhead to consider and the comparison goes out the door.

Having a medical recommendation from a doctor, I have in the past paid more for black market weed than the dispensaries are charging.

Washington state does not have dispensaries, not legally anyway, so to purchase meds you have to rely on the black market (CAREGIVERS). I do not know what I was being sold as the caregivers never branded their wares, but suffice it to say I was satisfied with my meds for the most part, but not with the price!

I cannot refute that the risk is great for illegal sales. The dispensaries have accepted the risk and are trying to be open and legal whereas the black market will continue to thrive on covert sales with the help of ridiculous laws and the THMQ quotes.

The point? Grow your own!

At an average of $300.00 per oz on the black market (average I paid in 2008), it took me less than four months to recoup my expenditure for a tent, light, ventilation, medium, and boutique seeds. There are ongoing costs for utilities, and medium, but they are negligible, bringing down my costs to acceptable levels.

My last run was just four plants and it provided me with twelve oz of dried USABLE meds, no seeds, lumber, or shake. Since I long ago recouped my initial outlay for equipment, this amount at black market prices cost around $5016.00 (using THMQ quote for KIND in July’s issue), while dispensary prices would be around $5040.00 for the same period. A years supply at a gram a day.

I admit that not everyone is capable of growing their own, but dispensaries are BUSINESSES. Businesses do not want to compete with caregivers or growers and since the STATE accepted the model of DISPENSARIES, the STATE will try to accommodate that model. This means caregivers must abide the law, and have just six plants per patient, and less than five patients. This pretty much shuts the door on what was up until now (NEXT YEAR) a free ride. The Caregiver model is the most just, but how to connect with someone who CARES?

Personal experience shows that Caregivers charge way too much for elderly infirm patients to afford. This is not to say every one of them is taking advantage of the situation, just that they do not have the overhead to justify their prices!

While prices charged are very close to the same, the dispensary must pay black market prices for their inventory. The difference being the taxes, licensure, operating expenses, and SMALL PROFIT.
Alternatively the Black Market makes a huge profit.

So if you are considering a medical marijuana card, take this to the bank with you. Confront your supplier with some basic knowledge of growing and pricing and ask them to quantify their prices. If they have been your provider for any length of time, know that it is VERY CHEAP for them to grow such a profitable yet indispensable item.

 

[Tripsick]

so read this rumor that Gov has vetoed HB 1284

Wouldnt that be nice.. No credible source but its always fun to hope.

 

[still2big]

So if i have 5 patients can i still grow all their plants at my house or do i still have to get a commercial space? I thought yes but talked to a guy today that said he didnt think so.

 

[trichrider]

no, your home or mine, you are not registering as a dispensary.

‘An enemy vanquished is no friend gained’, Robert West, 2010

 

[still2big]

thats what i was thinking as well.

 

[Baddog40]

So if i have 5 patients can i still grow all their plants at my house or do i still have to get a commercial space? I thought yes but talked to a guy today that said he didnt think so.

You have to grow 6 plants in each of your patients home and are required to tend to them daily. While you are making your daily visits you are also required to fix your patients 3 meals, wipe their butts for them, scrub their toilets, pick up dog poop, etc.

 

[Cannoiseur]

Cops came to my house again yesterday. Didn't say anything negative at all and were in fact very helpful about how I could get a tax ID so that I can legally sell my product. Very surprising since I was literally trimming in my living room when they showed up, wasn't expecting them to be so understanding!

Anyhow, they mentioned that if I was going to be moving to a warehouse type grow (which I have to since I have 7 patients and Boulder doesn't allow you to grow more than just personal use in your house now) that I can ONLY be in a building zoned for industrial. Does anyone know if there's any truth to that? I was under the impression that I could grow anywhere zoned industrial, commercial, or retail.

 

[HossCartwright]

Cops came to my house again yesterday. Didn't say anything negative at all and were in fact very helpful about how I could get a tax ID so that I can legally sell my product. Very surprising since I was literally trimming in my living room when they showed up, wasn't expecting them to be so understanding!

Anyhow, they mentioned that if I was going to be moving to a warehouse type grow (which I have to since I have 7 patients and Boulder doesn't allow you to grow more than just personal use in your house now) that I can ONLY be in a building zoned for industrial. Does anyone know if there's any truth to that? I was under the impression that I could grow anywhere zoned industrial, commercial, or retail.

They weren't there to help you they were there to try and catch you growing over your limit. They will most likely keep harassing you forever now that you are on their radar.

I'd get the fuck out of that house asap if it were me. Move to a town where you can grow for you and your patients in your basement. Warehouses are a major pain in the ass on so many levels. And for what you'll spend on a warehouse you can get a sweet house.

Jut curious, do you know how you got on the cop radar in the first place?