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plant count for colorado

Weedninja

Member
Lord Doobie said:
uh...anyone?
I would have said medical if I was...
Well then there's no correct answer to your question, because Colorado doesn't go by a plant count.

You gotta watch how you talk to people. Where I live, you'd be picking up your teeth for saying what you did the way you did in that last post.
 

Deviant420

Member
I heard of someone that was on his second or third strike, got caught growing with 1 in flower and 5-6 clones in veg. Only got a community service, and ordered to attended some college classes.
 
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Lord Doobie

Member
yep...it's pretty lax here...city counselman had 2 ounces on him when pulled over...let him go and allowed him to stay on the counsel...and he's a republican
thx
 

pikes peak 69

Active member
In Colorado the law (amendment 20) allows 6 plants, 3 of which can be mature(flowering) 2 oz of dried manicured product to include seeds,leaves and flowers, not to include roots stalks and stems, or WHATEVER is medically necessary.
If your within state guidelines 6/3/2oz then it's a simple defense. if your over these amounts then it's an affirmative defense(your dime to prove you need that amount).
My Dr wrote me 24 plants and wife has 24 as well.

HTH
pp69
 
In Colorado the law (amendment 20) allows 6 plants, 3 of which can be mature(flowering) 2 oz of dried manicured product to include seeds,leaves and flowers, not to include roots stalks and stems, or WHATEVER is medically necessary.
If your within state guidelines 6/3/2oz then it's a simple defense. if your over these amounts then it's an affirmative defense(your dime to prove you need that amount).
My Dr wrote me 24 plants and wife has 24 as well.

HTH
pp69

damn pikes...thats a sweet deal. So my question is if you grow those plants and becasue of how you grow them they each yield 1.5 to 2 lbs...what does the law say about having that amount?
 
I only flower 4 at a time. The rest are moms and babies.

pp69

cool...but hypothetically if those 4 were to produce 1.5-2 lbs a piece..does the law about 2 oz still stand? Or is patient allowed to have 6+lbs of herb legally? The way I read the law they dont put a yeild limit on the plants you can have right? Thanks in advance for any insight.
 

pikes peak 69

Active member
Double edge answer.
By the guidelines, you may be considered over the limit. But with the law stating that "whatever is medically necessary" you can explain as several ways.
1. didn't know I was going to do this well.
2. Not going to grow rest of year so need this much backup.
Any number of reasons that are ligit to explain the amount you have on hand.



cool...but hypothetically if those 4 were to produce 1.5-2 lbs a piece..does the law about 2 oz still stand? Or is patient allowed to have 6+lbs of herb legally? The way I read the law they dont put a yeild limit on the plants you can have right? Thanks in advance for any insight.
 
Double edge answer.
By the guidelines, you may be considered over the limit. But with the law stating that "whatever is medically necessary" you can explain as several ways.
1. didn't know I was going to do this well.
2. Not going to grow rest of year so need this much backup.
Any number of reasons that are ligit to explain the amount you have on hand.

much appreciate the response. Seems like alot of grey area. Hopefully July 20th will further the cause in our direction.
 
M

milehighmedical

I hope so too spacecadet... I'll be there in my sundays finest.

And pikes peak... I did not know your doctor could sign you for a higher plant count recommendation. How did you go about that? Is it just a doctors note on his letter head? Did you have to send anything in to the state?
 

pikes peak 69

Active member
Hello MHM,

Yes your Dr and you decide how much meds or plants you need. There is a comment box on the bottom of the app that the Dr signs. In that box he can write something like "Patient requires ?? plants to treat their illness" Something like that. Or the Dr can write a letter that you keep with your card. The State doen't need nor do they want to be notified of additional plant counts.
Even with additional plant counts the law would work the same. If your within the GUIDELINES (6 plants and 2 oz) of the State you can claim a simple defense. If your over the guidelines, you claim an affirmative defense.

If your at the meeting on the 20th, look for me. I'll have a white cane, I'm about 6'2" and over 300 lbs. I can sit and talk with you for awhile if you'd like.

pp69



I hope so too spacecadet... I'll be there in my sundays finest.

And pikes peak... I did not know your doctor could sign you for a higher plant count recommendation. How did you go about that? Is it just a doctors note on his letter head? Did you have to send anything in to the state?
 
M

milehighmedical

That'd be great, thanks.

I never knew the possibilities. I've been spending months researching the best methods to compensate for low plant count. It will be nice to have the option even do a sea of green on my ebb n flow table that's growing tomato's and peppers right now.

See you there.

Because an affirmative defense requires an assertion of facts beyond those claimed by the plaintiff, generally the party making an affirmative defense bears the burden of proof.[4] The burden of proof is typically lower than beyond a reasonable doubt. It can either be proof by clear and convincing evidence or a preponderance of the evidence. In some cases or jurisdictions, however, the defense must only be asserted, and the prosecution has the burden of proving beyond a reasonable doubt that the defense is not applicable.

Is this the case in Colorado? Does it vary by county/city? One could be much more difficult than the other. How can a jury decide how much medicine you need? Or a judge? Neither of them are your personal doctor.
 

pikes peak 69

Active member
I'm not a Dr or a lawyer, but I think the jury would only be deciding if you broke the law. If you have your Drs knowledge that you need xxnumber of plants and your within that number, your not breaking the law.
Also even without a Drs increase on plant count, there are several ways to approach the over the 6 plants issue.
You only grow once a year
you suck at growing
your doing better then you thought
There could be other reasons. Take your pick.


pp69
 
I'm not a Dr or a lawyer, but I think the jury would only be deciding if you broke the law. If you have your Drs knowledge that you need xxnumber of plants and your within that number, your not breaking the law.
Also even without a Drs increase on plant count, there are several ways to approach the over the 6 plants issue.
You only grow once a year
you suck at growing
your doing better then you thought
There could be other reasons. Take your pick.


pp69

thanks pikes...after the last case in boulder it seems there is a defense for 30 plants at least???
 
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