Colorado House Bill 1284

[SGMeds]

Okay, so let's talk about Caregivers. Do Caregivers have to register with the State? It doesn't seem like it, am I missing something?

Caregivers are supposed to register w the State... even states that this is intended to be a means for the police to verify your status & patient & plant counts... in the event there is an issue.

Don't think there is any way around 'registering'. But, all the crap from the application does not apply to straight-up CG's & patients.

No inspections or the like, but more (rules) may be coming...???

Does this mean that all employees have to fill out this application or just the stockholder(owners)?

The first part of each definition is specifically referring to 'shareholders' of that company... along w it's directors and/or officers.

So, unless you are a shareholder/owner/officer of the corporation that owns the business, then no... you do not have to fill out this entire application.

Bet you the one for the employees is going to be invasive too.

But hell, maybe the DOR will enforce this app on the employees as well... or just re-title it???

 

[Greenmopho]

Colorado House Bill 1284

Caregivers are supposed to register w the State... even states that this is intended to be a means for the police to verify your status & patient & plant counts... in the event there is an issue.

Don't think there is any way around 'registering'. But, all the crap from the application does not apply to straight-up CG's & patients.

No inspections or the like, but more (rules) may be coming...???






The first part of each definition is specifically referring to 'shareholders' of that company... along w it's directors and/or officers.

So, unless you are a shareholder/owner/officer of the corporation that owns the business, then no... you do not have to fill out this entire application.

Bet you the one for the employees is going to be invasive too.

But hell, maybe the DOR will enforce this app on the employees as well... or just re-title it???

I am merely an employee and I am required to fill one out. If an inspector shows up at your grow, someone must be present that filled these out. Your employees can't have any true decision making duties w/o one. The only employees that don't have to fill it out are literally just hired labor, trimmers, painters, contractors, budtenders. I am pretty sure anyone on these boards going the MMC route is much more than just an employee.

 

[SGMeds]

The only employees that don't have to fill it out are literally just hired labor, trimmers, painters, contractors, budtenders. I am pretty sure anyone on these boards going the MMC route is much more than just an employee.

That's the ticket!!! I'm 'on staff' just to hold the wall up... the 'tips/advice' on growing is just that! ;-) no residency nor self-incriminating disclosures signing away the majority of my rights...?

I'm taking app's for the right lawyer... ;-)

 

[GreenintheThumb]

Good luck with that. It's looking like the boat I'm forced in. But I think these "contract growers" are going to be eliminated. The government wants to take a hard look at this issue and to do so they want everyone under an owner or employer/employee relationship. The more red flags thrown the less likelihood of getting the license. Yep, it sucks. I've heard of CO natives who moved to a different state and now don't meet the residency requirements. I'm also curious about the employees who MMCs must fire for being under 21. Does this raise a litigation liability for age discrimination? I suppose it's not my problem to deal with; i'm sad to say.

 

[Greenmopho]

I just found this on another thread....damn near made me start crying after reading it...

http://www.drugwarrant.com/articles/drug-war-victim/

 

[GreenintheThumb]

Dan Hartman has now said that these documents are not for employees but only for owners, partners, members, officers, and directors. The employee paperwork will be done later in the year. Right now they're concentrating on the business side.

 

[Rednick]

I haven't read the entire 95 pages on here, but one thing that is not addressed is caregivers / patients that are growing for themselves and harvest an excess of 2 ounces.

I currently only flower 2 plants at a time and grow for myself and two others so I can only posses (6) ounces. I typically get 10-14 ounces per plant and would trade the excess to a dispensary for credit when my medicine cabinet goes dry.

Now with the new house bill, all I can do is flush anything I have over 6 ounces?

Get edible recs. Then you will just be limited to 5 patients and their plant/weight recs and only selling to them. You will be able to stash larger amounts as medically neccesary.

I wouldn't be too worried. This bill is not aimed at people like you. It is aimed at people making a living off MMJ.

 

[SnowGro]

The number of people killed by the war on drugs is infinitely higher than the number of people killed by MJ.
/0
What's even more appalling is the debt slavery we are being sold into.
The war on drugs plays an enormous part of this.
Right now, every man woman and child in the US owes $42,502.
Extrapolated to taxpayers only, it's $119,605.
All the while we're running headlong into a socialized economy that the whole of Europe is fleeing because they've learned they can't afford it any longer.
The Federal Government has bungled the economy to a point that is arguably the worst it has ever been. There will not be a million troops coming home with pockets full of money to fix it this time.

Those who were put in a position of power to protect us are paddling furiously towards the waterfall. Turn off the TV and go take a look around. It's fugly.

 

[HELLOSMILY]

I just found this on another thread....damn near made me start crying after reading it...

http://www.drugwarrant.com/articles/drug-war-victim/

wow bro.SHITTY..like ive always said...FUCK THE POLITICIANS AND FUCK THE POLICE....

 

[hgherbals420]

yeah that site is depressing. the war on drugs definitely affects a lot of innocent people.

 

[HokuLoa]

Unfreaking believable!!! It seems 1284 is every bit as "1984" as many of us feared it might be. I truly believe any medical cannabis professional would be a fool to fill out the new licensing applications. There really ought to be widespread, vocal protest about this invasion of privacy and more importantly the complete departure from logic/reality this "regulatory scheme" represents.

The applications requires disclosure of 10yr history, complete financial (and frankly social) transparency in that time period, authorization to completely dissect/investigate your 10yr history, AND release of any liability for the state (and any rep) for use/misuse of any and all information gathered. WTF!!!!?!!!!! In essence they turned the professional medical cannabis community into a special class and simultaneously require us to sign over rights to legal recourse as a class subject to discrimination.

Before filling out and sending in your applications, consider this:

Most "real" cannabis professionals are likely to have operated illegally in the past 10yrs. Plans and simple, if you were "caregiving" prior to Holder's announcement of Fed intent you probably were not declaring and paying taxes on that because it invited prosecution. Many pros would happily have established business licenses and payed taxes IF there were a protected way of doing so that jibbed with both local and Fed law. So, as you now grant complete access to all your information you completely open the door to investigation, charges and prosecution for any PAST activity revealed. I now understand why they lodged the MedCan regulatory agency with the Dept of Revenue. When they pry open every aspect of you financial history it will be super simple to discover accounting discrepancies that will betray "illegal" activity. If your financial holdings (including real property) do not accurately and unequivocally match your financial/employment/tax history YOU WOULD BE INSANE TO APPLY!!! Any discrepancy is virtually a request to be investigated like a criminal and (I believe) probably charged like one too.

What is horrendous about this potential is that it forces out dedicated professionals who have knowledge, passion, genetics etc derived from decades of fighting for medical cannabis. Instead, this regulatory nonsense hands the power and future of CO's medical cannabis industry to squeaky clean, profit motivated businessmen who may or more likely may not have ANY real knowledge or intellectual investment in medical cannabis. How does that serve patients at all!?!?!?!

Yeah, I hate to be nega-nancy but this new scheme SHOULD NOT be embraced and we should all be vehement in our opposition to the ridiculous nature of this law/process. In one bill/law our State just decimated the quality of our legal industry while at the same time they guarantee a bifurcation and revitalization of the black market. Frankly, in my estimation the best quality meds will now be primarily available in this latter market. How galling after all the positive strides we voluntarily made in our industry...

Oh, and BTW for the anti-Gard comments; get real. The guy just tells it like it is LEGALLY SPEAKING. He is a tad conservative but if you translate that as 'he is an agent of the anti-MJJ' then your are either an uninformed idiot or you don't like the fact that what he tells you (ie what the law actually says) does not affirm your own assumptions/desires about what the law means. In either case, get over it. If you want to skate a more tenuous legal position then choose a looser lawyer and stop deriding a competent, careful pro-MMJ lawyer for simply doing his job to keep your sorry ass out of prison.

 

[SprngsCaregiver]

Has anyone talked to a lawyer about the 2oz law? The way my doctor described it to me is that was the legal amount I could carry and what I have at home is irrelevant. So I could carry 2oz for me and 2oz for each patient I have but I could have as much as I want at home.

What have you guys heard about this?

 

[Baddog40]

Has anyone talked to a lawyer about the 2oz law? The way my doctor described it to me is that was the legal amount I could carry and what I have at home is irrelevant. So I could carry 2oz for me and 2oz for each patient I have but I could have as much as I want at home.

What have you guys heard about this?

Does the language of Amendment 20 say you can only have 2 oz in the car and 16 oz in the shower?

 

[milehighmedical]

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[SprngsCaregiver]

Haha, your doctor sounds like a shady amateur lawyer. What the hell is your doctor doing giving you legal advice? All you get is 2 ounces. Unless you're interested in taking on the risk of using a higher plant count/weight doctors rec. But I can't say I'd recommend it. I try to never drive with more than eight ounces. If something goes wrong with the mass of paperwork I have to use (temp rec's, COG forms, proof of mailing, etc) then CO law puts anything over 8 oz. in as a felony. Below that is a much milder and more manageable misdemeanor. I definitely don't trust the authorities to respect my legal/medical status so I won't risk driving around with a few elbows in my trunk. Even if they just get confiscated... big hit to the wallet. Gotta always consider the worst case scenario.

Hahaha actually I asked him. Bad idea obviously.

Baddog40- Good point... It's just very contradicting saying you can have 3 mature plants but only 2 ounces. I don't know about you guys but I generally get about a qp a plant.
That was how my doctor confused me. He said how can you have 3 plants maturing and only end up with 2oz. I think this is a very valid point.

 

[milehighmedical]

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[Baddog40]

The only way around it is to become a caregiver for some patients or get a recommendation for a higher plant/weight amount. The latter may not automatically save your ass but its a hell of a lot better than not having it.

 

[Balazar]

Section 4 of amendment 20:

(4)

(a) A patient may engage in the medical use of marijuana, with no more marijuana than is medically necessary to address a debilitating medical condition. A patient's medical use of marijuana, within the following limits, is lawful:
(I) No more than two ounces of a usable form of marijuana; and

(II) No more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana.

(b) For quantities of marijuana in excess of these amounts, a patient or his or her primary care-giver may raise as an affirmative defense to charges of violation of state law that such greater amounts were medically necessary to address the patient's debilitating medical condition.

Thats your affirmative defense. You could still get fucked with by a mindless brainwashed LEO and then you would be paying lots of money to save your ass with that defense.

 

[funkfingers]

Section 4 of amendment 20:

(4)

(a) A patient may engage in the medical use of marijuana, with no more marijuana than is medically necessary to address a debilitating medical condition. A patient's medical use of marijuana, within the following limits, is lawful:
(I) No more than two ounces of a usable form of marijuana; and

(II) No more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana.

(b) For quantities of marijuana in excess of these amounts, a patient or his or her primary care-giver may raise as an affirmative defense to charges of violation of state law that such greater amounts were medically necessary to address the patient's debilitating medical condition.

Thats your affirmative defense. You could still get fucked with by a mindless brainwashed LEO and then you would be paying lots of money to save your ass with that defense.

-Plus not being able to puff without a huge hassle, and depending on what county you may not even be able to at all.. Trust me, it blows. And yeah court cost some dough, you will get off as long as the dr that wrote the recommendation will come testify on your or your patients behalf. So make sure you go through legit drs that will be able to do this kind of thing for you.-


I think that all the different interpretations to this bill are ridiculous.. Having daily conversations, there are about 3 schools of thought as to how this bill will work.. I don't know thought it was supposed to make everything black and white, isn't that how most laws work? Generally speaking there really are no other laws this open to interpretation.

I still have a hard time believing this moral character shit.. If it's based on moral character tell me, how is a pedophile, rapist, habitual dui offender, thief, or any other violent criminal, of better moral character than someone who has a non violent drug offense??

 

[Balazar]

This law doesn't make any sense of anything except the fact that politicians are in bed with corporate dispensaries. Matt Brown has not stepped up to the plate to answer any questions or help anyone besides gigantic cali-funded dispensaries. Before July 1st he was all smiles assuring everyone that everything would be ok. On July 1st he published a blog stating the exact opposite of everything he preached before then. Are there any law suits in motion right now? Are they still waiting for people to get busted?