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Colorado House Bill 1284

Rednick

One day you will have to answer to the children of
Veteran
Thank god they were kind enough to give everyone a few weeks to comply.

[/sarcasm]

And it has just begun...

There is still a lot of shit that they don't know HOW they will do it.

I am just going to sit back and watch the show. It should be funny as hell, as long as you're not in the middle of it.

It is like your parents saying "Don't do drugs" and then saying "Okay you are doing them, just don't do smack", then "Okay you're doing smack, let's try doing it this way", then "Well that way didn't work, what do you suggest?".
 

Tripsick

Experienced?
Veteran
here some excerpts from the NewYork times article on 1284...

http://www.nytimes.com/2010/06/27/business/27pot.html?pagewanted=1&ref=general&src=me
SELLERS here will tell you that to succeed in this business, you need to keep two essentials in mind.



First is the importance of nabbing a lot of “caregiver rights,” which every person with a medical marijuana certificate can assign to a seller of choice. The caregiver rights of each patient, as customers are universally known, allow a dispensary to sell the marijuana of six plants, though the pot can be sold to anyone with a certificate. So the more caregiver rights a dispensary collects, the more pot it can sell.
The second essential: grow your own. A pound of marijuana can be sold at retail for somewhere between $5,500 and $7,500. To buy that quantity wholesale will cost about $4,000. Grow it yourself and the same pound will cost just $750 to $1,000.

If there is a historical precedent for what’s now happening in Colorado, it could be the 1920s and the era of Prohibition. During America’s dry age, the federal alcohol ban carved out an exemption for medicinal use, and doctors nationwide suddenly discovered they could bolster their incomes by writing liquor prescriptions.
Pharmacies, which filled those prescriptions, and were one of the few places whiskey could be bought legally, raked it in. Through the 1920s, the number of Walgreens stores soared from 20 to nearly 400.


The new rules, many of which will take effect over coming months, treat dispensaries a bit like pharmacies and a bit like casinos. Felons will soon be prohibited from owning dispensaries. (Mr. Werner is selling the Dr. Reefer store.) Twenty-four-hour Webcams will be trained on every growing facility and dispensary in the state. There are restrictions on hours, new rules for licensing, labeling and on and on.
Dispensary owners, generally speaking, aren’t complaining. The more regulated the business becomes, the easier it will be to operate, says Ms. Respeto of the Farmacy. The company, which was co-founded by her father, has big ambitions: to become a medical marijuana dispensary franchise and do for Super Silver Haze what Rite Aid did for pills. The store in Boulder is actually the company’s fifth; there are three in California and one in Denver.


Ms. Respeto exudes a kind of soccer-mom normality, which dovetails neatly with a core element of the Farmacy’s marketing plan. The company would like to purge the business of its counterculture, glazed-and-confused image and turn it into something mainstream.

“What you hear about is a bunch of 18-year-olds who just want to get high,” she says. “You’ll see little of that in our establishment. What you’ll see instead is the 50-year-old woman who suffers from arthritis and this is her choice of pain medication.


These are true stories, and there’s no doubting that pot helps a lot of people who are in genuine pain.
But when was the last time your pharmacy had a milkshake night? Selling “dosage controlled” scoops of chocolate peanut butter ice cream?


“My guy used to give me a free half-ounce every month, but he just dropped it to a free quarter-ounce,” he said. “So I’m looking around to see who has a better deal. I’ve visited about 30 places so far.”


In one year alone, working just three days a week at Relaxed Clarity, he’s seen 7,000 patients, each paying an average of $150 for a visit. He takes out a calculator and does some quick arithmetic. That’s more than $1 million, grossed in 12 months.
“There’s no waiting for an insurance company to pay you a fraction of what you billed,” Dr. Boland says. “It’s just boom, you know, cash on the spot. So you can make a significant amount of money doing this.”
 

Greenmopho

Member
Colorado House Bill 1284

^^^ I always enjoy reading the comments on these articles. They make the bickering on icmag seem like intelligent debate...
 

Greenmopho

Member
Just got an email from our attorney regarding the new fees and deadlines:

Dear Friends, Clients and Colleagues,

This morning we received an advance copy of the State of Colorado MMJ business applications, which are attached hereto. Please note the fees range from $7500 (300 or fewer patients) to $18,000 (501 or more patients), with $1250 for the MIP and Optional Premises licenses. You must also make arrangements for the $5000 surety bond. at the time of application

Please be reminded that the completed application(s) AND the application fee(s) are due 8/1/10. They are quite detailed, require substantial support documentation and you should start completing the applications immediately. Once you have completed the application, you can schedule a meeting with our office to go over the application and any legal questions you have. Time is of the essense and you should schedule this meeting upon receipt of this email, as our time fills up quickly and the application deadline cannot be extended.

Finally, we have posted numerous recent blogs regarding the impact of HB1284 post 7/1/10. Many of the blogs following discussions and correspondence with the head of the MMJ business department for the State of Colorado, Mr. Matt Cook. Please read the blogs at: www.medicalmarijuanalawcolorado.com.

Good luck. We look forward to hearing from you.

Sincerely,
Jeff


___________________________
Gard & Bond, L.L.C.
Attorneys at Law
2541 Spruce Street
Boulder, CO 80302
(303) 499-3040
(303) 379-6256 (facsimile)
email: [email protected]
website: www.gardlawfirm.com

...some free advertising for Jeff Gard (sorry Warren) ;-)
 

Baddog40

Member
From Jeff Gards blog:




Now that it is 7/2, I want to make clear the following points:

1. You must be growing and selling only your own MMJ. The 9/1/10 certification does not act as an extension of the deadline for this requirement. Late last night I received clarification from Mr. Matt Cook that the effective date for growing and selling your own MMJ is 7/1/10. Do not jeopardize your hard work by purchasing MMJ from any one other than another established MMC, which has local approval for both its grow and retail operations. Don’t take any one’s word for their own legality – do your own due diligence.

2. Do not continue employing any people with drug felonies, concerning criminal histories (lots of misdemeanors, less-than felony drug convictions, etc.), people with a felony within five years of completing the sentence or anyone who has not been a Colorado resident for two years prior to 7/1/10 (see, prior blogs).

3. Do not operate your business at all unless you are locally approved and/or have applied for local approval for both the grow and retail aspects of your business. If you are a MIP, you can only continue operating if you have local approval/applied for local approval. If your MIP does not grow its own MMJ or you do not have local approval/applied for local approval for growing your own MMJ, you must have a written contract for purchase of MMJ with an established MMC. Please note that the MMC must be locally approved/applied for local approval for both the grow and retail aspects of its business in order to be able to sell 30% of its MMJ to your business. You may contract with up to 5 such businesses.

4. After 7/1/10, the MMC can only possess 2 ounces and grow 6 plants for the number of patients who have assigned the MMC as their “primary center.” As stated in previous blogs, you must convert all patients who have assigned any of the persons associated with your business to be their primary caregiver over to the MMC as their primary center. Use the state’s Change of Primary Caregiver form (there is not MMC primary center assignment form yet available) and make sure to properly complete, notarize and mail to the Department of Health and Department of Revenue, attn. Mr. Matt Cook, certified mail/return receipt requested. Remember – if you have zero patients who have assigned the MMC as their primary center, you may possess zero ounces of MMJ and may cultivate zero plants.

5. You should download the newly minted Dept. of Health patient application for use in acquiring new patients or use the Change of Primary Caregiver forms to assign current patients at the time of sale of MMJ from your MMC. You do not need to continue using any “temporary caregiver” forms (which were never legal anyway, see prior blogs). The forms may be downloaded from: http://www.cdphe.state.co.us/hs/medicalmarijuana/forms.html.

6. Begin preparing for the 8/1/10 Department of Revenue MMC/MIP application and save a substantial amount of money for the as-yet undisclosed application and license fees.

7. Please keep careful and accurate records regarding both your cultivation and sale of MMJ. Remember, the state’s microscope for your business will be applied beginning on 7/1/10!
8. For all of the primary caregivers – you must only have five patients, must provide other caregiving services (see prior blogs) and charge only the cost of producing the MMJ. You must notify the Department of Revenue who the five patients are that you intend to continue as their primary caregiver and give notice that you are no longer willing to act as the primary caregiver for the remaining patients. List all of the patients accordingly. SSend the letter certified mail, return receipt requested.


http://www.medicalmarijuanalawcolor...o/post-7110-the-hangover-from-black-thursday/
 
T

Tr33

This also from Gard


1. 7/1/10 is the effective date for all MMJ businesses going forward. I understand that Mr. Matt Cook has told some of you that you have until 7/1/11 to comply. This is not the case. I have spoken with Mr. Cook and corresponded with him on several occassions. In his correspondence he makes clear that your MMC and/or MIP application will be evaluated using the 7/1/10 date. For those of you seeking to add a retail or add a grow after 7/1/10, Mr. Cook advises that both aspects of the MMC must be locally approved on or before 7/1/10.
2. There is no one year state moratorium. However, there is a defacto moratorium in that you cannot operate after 7/1/10 unless you were “established”/locally approved for both the grow and retail location(s) before 7/1/10. Otherwise, you cannot operate until both local and state approval are obtained.
3. Hash is going to be considered an “infused product.” The distinction provided by Mr. Cook is that green stuff in a bag is for MMCs, everything else is for MIPs.
4. There can be no deliveries except in the narrow circumstances provided in HB1284.
5. One grow can supply a MMC with multiple locations and common ownership.
6. One grow cannot supply MMJ to mulitiple MMCs not wholly and commonly owned by the same people. NO INDEPENDENT CONTRACTOR GROWS NO MATTER WHAT ANYONE IS TELLING YOU!!!
7. The residency, “no felony w/i five years of completion of sentence” and “no felony drug convictions ever” standards apply for owners, employees and managers of the MMC. The criminal background issues apply equally to investors.
8. The 70/30 rule applies on 7/1/10 and the certification is due 9/1/10. Again, in evaluating your application and 70/30 certification, the state will look back to 7/1/10.
9. MIPs must be locally approved by 7/1/10 to be considered established under HB1284 even if there is no such licensing procedure locally available.
10. The MIP may, but is not required to, grow its own MMJ using a locally approved OPC or may contract, in writing, with up to 5 MMCs to purchase the MMJ for use in making the products. The MIP MMJ cannot be resold to any other business or person, but the MIP can sell its products to any MMC.
 
so, let me get this straight.. TR33 on line 6... according to this, does this mean that if my center produces more then we need, i can only be 1 other centers 30%?? any thoughts on this??
 

Goba

Member
no I believe that its saying that you can't have a grow that supplies the 70% to multiple MMC unless all MMC have the same ownership. You can still supply 30% to any other licensed MMC as long as it came from a legal grow
 
T

Tr33

6. One grow cannot supply MMJ to mulitiple MMCs not wholly and commonly owned by the same people. NO INDEPENDENT CONTRACTOR GROWS NO MATTER WHAT ANYONE IS TELLING YOU!!!
Gards caps

I have no clue, I'm not sure, just c & p the read for all.

to me...it reads like just one grower for a MMC, and a licensed grower for a specific dispensary can not sell their overload of MMJ to any other than that one dispensary they are contracted to grow for.

anyone?
 

Greenmopho

Member
Gards caps

I have no clue, I'm not sure, just c & p the read for all.

to me...it reads like just one grower for a MMC, and a licensed grower for a specific dispensary can not sell their overload of MMJ to any other than that one dispensary they are contracted to grow for.

anyone?

From what I've heard Jeff Gard say, no contracted grows, no sub-contracted grows, no 1099 growers. Your grow has to be OWNED by an MMC, and you as the grower have to be an employee of the MMC, under a W-4, not 1099.

An MMC is allowed to have up to 5 off-site grows, with as many (non-felon) employees as they like. Each off-site grow needs to have a "manager" or someone of authority always present.

Supposedly, the DOR is giving grows a choice of either auditors coming every 2 weeks (supposedly) or having a live 24/7 webcam feed to the DOR of your grow....uhhhhh, I'll take door number #1, cuz no one will be watching my webcams but me....what if I like to garden naked?
 

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