New Caregiver Law

[sky high]

I hear what you and the State are saying, kuz.

Can't speak for anyone else...but I do know a few foks here who have been at this game for 20+ years like myself.... and in the end... when it comes down to it.... the itsy-bitsy-teenie-weenie-smaller-than-a-cunt hair amount of protection I have from my medical card is a ZILLION TIMES more protection than I had back in 1988 when I first plugged in.
(I didn't sleep well for years)

FWIW, I never got "the visit" until AFTER I had my card in hand...so I was lucky....but from that visit..LONG before all of this became common-place...I know the card works if you are staying in the zone. If it didn't, I'd be operating right now with more fear and a cultivation charge on my record.

If you live in a constant state of paranoia, >they< win. (and you will do STUPID things)

been there, done that...never goin' back again.

best of luck to all. Place yer bets!

s h

 

[Mr.Sputnik]

If you want sound legal advice don't cultivate, sell, consume, or have anything to do with marijuana! It's illegal stupid! RAAAAAhahahahhaha! :icon_spin:

 

[kuz]

If you want sound legal advice don't cultivate, sell, consume, or have anything to do with marijuana! It's illegal stupid! RAAAAAhahahahhaha! :icon_spin:

Unless you only grow for yourself and give away any excess to someone thats listed you as primary, your right. The state has made sure all the 100,000 patients are criminals.

I'm happy with the way things are, even if I only ever grow for myself, never really dreamed that would be legal in any way, shape or form.

I'm not losing any sleep but will hold the politicians accountable for this mess. It’s the principle more than what the reality is right now. Gutless wonders always take easy way out, which is the politicians assuming all the new patients are scamming the system. If you have a backbone, you look at this and say we need tougher requirements to qualify patients, after you look at those options you realize that’s not really possible without sacrificing the patients rights to privacy and to choose their own doctor. If even one of the 100,000 patients is legit, I want the politician to ensure their rights under AM20. If you concern yourself with the patients rights and forget about a couple of stoners and greedy growers then its really simple, the patient can acquire up to 2oz from anywhere. Why make it such a mess, if the buyer is a patient or a caregiver for a patient the sale is legal, no restrictions and no questions asked. That is the one most important aspect of AM20 and they tossed it aside along with the patient. We should all call out the legislaters on this.

 

[kuz]

BUT, they will come for the CG's in large numbers... likely very quietly. The patient-to-patient model is the real threat... it is a market they cannot control. Jail em... that's what's coming down the line.

Thats just a bit paranoid, I dont think too far off the mark. We all know there are those fanatical anti pot people out there, the Centers are out of their reach (locally at least), puts a great big bullseye on caregivers. Probably something most of us will never worry about, but for those that cross path's with one of the fanatics, we have to dodge a few more bullets with 1284.

 

[Bud Spleefman]

I see things a little differently, I guess. Although the Caregivers mostly got hard dick and bubblegum (fresh out of bubblegum) from HB-1284, we did get some protection, as well. We are a lawfully documented source for Medical Cannabis, and although limited to 5 patients, there is no CAP on the amount of Meds those 5 can buy.

Theoretically if you sold a patient 2 oz a day, it would be legal, maybe more if he's got an edibles rec. So, if they get a patient with a lb, who's to say he bought it all at once? I think that it will be much harder to charge and convict Caregivers for Distribution thanks to 1284.

 

[CloneDoc]

great read.
the only med sales that are legal are from so called MMC's. if you're a patient or caregiver and caught with more than 36 plants or 12oz you will probably go to jail in most parts of Colorado. before 1284 the sky was the limit as long as you had the caregiver slips. fuc 1284!

 

[RMCG]

FWIW, I never got "the visit" until AFTER I had my card in hand...so I was lucky....but from that visit..LONG before all of this became common-place...I know the card works if you are staying in the zone. If it didn't, I'd be operating right now with more fear and a cultivation charge on my record.

Do you feel that it was the direct result of getting your card or after stacking some cards and being named a caregiver?

Or was there something 'else' that caused the visit?

PM me (if you feel comfortable discussing) or if you don't want laundry out on the internet.

 

[Mr.Sputnik]

Turn your extra meds into extract form. I just got 24 grams of budder out of 8oz of screwed up buds. 1 hit wonder..

Patients should be protected to buy from where ever they please as long as it's meds from in state. AM20 never gave protection to the seller IMO unless the seller is the registered primary caregiver of the patient. Selling has always put you out on a limb unless you are the primary caregiver of the receiving patient and I believe it will continue.The DEA can still come bust you at any time, this is ALL still illegal in the eyes of the fed regardless of what kind of smoke the state blows up your ass to balance the CO budget. I don't care if you are an MMC and have all of your ducks in a row, if the DEA wants to bust you for distribution of a schedule I narcotic they obtain the power to do so.

The further you stick your neck out into the no mans land of the drug war the more likely you are to have some cruisader grab a hold of you and choke every penny you've ever earned out of your ass.

Let's see how much protection the state will offer MMCs after Obama leaves office. I'm betting they'll take your money and run, litteraly. Just like 98% of people in this game the state likes the money. The state VIP's folks who bring the most to the table and tells everybody else to get back in line and wait their turn. It will always be this way

HB1284 is pure business politics brought to you by the VIP's of the weed world. If you're not on the take (vested MMC interest) then you get left with the best part of a shit sandwitch...peanuts.

Keep it on the down low and make the best of your 36 plants if you're a caregiver. If you sell to other patients than your own make sure you know them well. Get your exemption for <5 if you can.

If you're an MMC, rake it in while you can but be ready to pack up and run like hell WHEN the feds start knocking down MMC doors in CO. If you don't believe me open a dispensary in D.C. and see how the fed likes it. I hope I'm wrong about that and americans are becoming more accepting of MMJ. It's not going to happen in my mind when there's still extreme conservatives in office trying to ban abortion and what not.

We've still got a long way to go. Try not to fuck things up like barkowitz did. It doesn't help the cause and only adds fuel to the fire that's been burning since 1937.

 

[sky high]

If I say "teenagers" will that be a concise enough definition?

FWIW, this was before stacking cards was the norm and you were suppose to "legally" only have 3/3

Basically, some kids ripped me off.....got caught...and through that, the cops were told of my grow/MMJ use. They came to check me out/see if I was legal and had the paperwork to back it up. I showed em my paperwork, then my ripped garden. A few minutes later they gave me my meds back.

FWIW, I had additional plants goin in house and I was over count but they had no warrant to search anything so I merely kept my cool and showed em (respect) the "crime scene" and nothing else.

surreal shit, fer sure.

 

[RMCG]

Thanks for sharing SH.

Some peoples children...

Rippers should be castrated slowly.

And good to know about the 'something else' vs them raiding the registry, just sorry it happened.

 

[sky high]

I have no worry about anyone raiding the Registry for my persnal info, especially the local authorities/Sherriff who ALL know I grow/am a patient and who put my info into the County/State po-po computer listed as such. When he said he was putting my info in as a MMJ user I asked him if that meant I'd be hassled, and he said "Nah, it just means we won't waste time coming here for someone reporting they smell marijuana growing or someone smoking it 'cus we know it's you and you are definitely legal."

Haven't seen em since....except in a few incidents with...again....teenagers. Took me a minute to realize that the guy showin me the weed they found on my kid was the same guy who was in my garden 3 years ago. LOL

fun, fun, fun.....

s h

 

[kuz]

If you're an MMC, rake it in while you can but be ready to pack up and run like hell WHEN the feds start knocking down MMC doors in CO. If you don't believe me open a dispensary in D.C. and see how the fed likes it. I hope I'm wrong about that and americans are becoming more accepting of MMJ. It's not going to happen in my mind when there's still extreme conservatives in office trying to ban abortion and what not.

We've still got a long way to go. Try not to fuck things up like barkowitz did. It doesn't help the cause and only adds fuel to the fire that's been burning since 1937.

Abortion? Womans right to choose, but they will decide for you if you inhale or not. Lol. Wrong thread anyway, this one is about greed, pretty much bipartisan human nature. We are all greedy, have one great strain you want 10, have 10 you want 100, you can harvest 2oz, you want 2lbs. Some went too far and decided they should have exclusive rights to a commercial supply, politicians fell in place with a knee jerk reaction to curb the epidemic and herd all the patients into centers so they can closely monitor their drug use. And the guy who started this thread didnt like being cut out of the commercial supply. I would agree, it needs to be an open market. Colorado is ready to legalize, republicans included.

Barkowitz may be as dumb as he appears, he got way to complacent, that sure magnifies stupidity.

 

[kuz]

1284 and Ammendment 20, now and forever will be joined at the hip, it has already happened and not anything any one of us can do about it...except, embrace it and move forward.
Tex

Well your in it up to your neck, i'd be saying the same thing. Sometimes I kick myself for not getting in, sometimes glad I didnt. The edibles license is about all I can embrace in 1284.

 

[Texas Kid]

I just keep doin what I do and don't give the rest of it much thought, other than these lively debates that is..

Tex

 

[GreenTrees88]

I would like to get people theories on the ability of doctor's to now write increased plant counts on their patients records under HB1284.

More specifically, if the doctor writes the plant count on the the recommendation and I as a Caregiver follows the Doctor's recommendation how in any way would I been seen as accountable?

Where does the liability stand at the feet of the doctor or caregiver?

Wouldn't that be the same as trying to hold a pharmacist responsible for following a prescription from a doctor?

It states in HB1284 that the PATIENTS PHYSICIAN makes the recommendation for increased amounts and not the caregiver.

Below is an excerpt from HB1284 regarding increased plant counts.

(10) Affirmative defense. IF A PATIENT OR PRIMARY CAREGIVER
RAISES AN AFFIRMATIVE DEFENSE AS PROVIDED IN SECTION 14 (4) (b) OF
ARTICLE XVIII OF THE STATE CONSTITUTION, THE PATIENTS PHYSICIAN
SHALL CERTIFY THE SPECIFIC AMOUNTS IN EXCESS OF TWO OUNCES THAT ARE
NECESSARY TO ADDRESS THE PATIENT'S DEBILITATING MEDICAL CONDITION
AND WHY SUCH AMOUNTS ARE NECESSARY. A PATIENT WHO ASSERTS THIS
PAGE 50-HOUSE BILL 10-1284
AFFIRMATIVE DEFENSE SHALL WAIVE CONFIDENTIALITY PRIVILEGES RELATED
TO THE CONDITION OR CONDITIONS THAT WERE THE BASIS FOR THE
RECOMMENDATION. IF A PATIENT, PRIMARY CAREGIVER, OR PHYSICIAN
RAISES AN EXCEPTION TO THE STATE CRIMINAL LAWS AS PROVIDED IN
SECTION 14 (2) (b) OR (c) OF ARTICLE XVIII OF THE STATE CONSTITUTION,
THE PATIENT, PRIMARY CAREGIVER OR PHYSICIAN WAIVES THE
CONFIDENTIALITY OF HIS OR HER RECORDS RELATED TO THE CONDITION OR
CONDITIONS THAT WERE THE BASIS FOR THE RECOMMENDATION MAINTAINED
BY THE STATE HEALTH AGENCY FOR THE MEDICAL MARIJUANA PROGRAM.
UPON REQUEST OF A LAW ENFORCEMENT AGENCY FOR SUCH RECORDS, THE
STATE HEALTH AGENCY SHALL ONLY PROVIDE RECORDS PERTAINING TO THE
INDIVIDUAL RAISING THE EXCEPTION, AND SHALL REDACT ALL OTHER
PATIENT, PRIMARY CAREGIVER, OR PHYSICIAN IDENTIFYING INFORMATION.

 

[Green Mopho]

Disco...I think you need some Zeitgeist in your life....shit goes way deeper than just our randomly chosen lottery-winner of a dictator...

 

[SoCoMMJ]

Any plant count overages either granted by the Dr via HB10-1284 or by the Caregiver through Amendment 20 will only provide an affirmative defense. That means that it may help once you get to a court room but will not necessarily help in a law enforcement encounter. It is VERY different from the 6 plant/ 2oz EXCEPTION that the constitution provides.

Even for our patients that have expanded recs, we will only cultivate 6 plants.

If you have to go to court, you have already lost through the huge piles of money it cost you to get there. Then once you get to court you have to prove that the expanded rec was a valid medical need and every gram from those extra plants went to that patient. Some patients will have no problems selling a jury on that, others not such an easy time.

The Dr is not requiring that you grow any extra plants. His position is more of a suggestion that it may work for your condition. Caregivers and Patients growing on expanded recommendations need to know the difference between a legal exception and an affirmative defense. The difference is significant.

That's my opinion... others may vary :)

 

[RMCG]

Disco...I think you need some Zeitgeist in your life....shit goes way deeper than just our randomly chosen lottery-winner of a dictator...

Ain't that the truth.

Everything is hidden in plain sight, just gotta look for it!

 

[TurboAllWD]

Edible rec's are honored in BoCo. There was a guy that was given back a couple pounds, the prosecuter couldn't prove shit. Lots of people using edible rec's here, so to sum things up socoommj, the edible rec is more than just an affirmative defense here. Too bad its not worth didly squat in you're kneck of the woods.

 

[RMCG]

I think the biggest was 34 oz. The defendant also wheeled himself in to the courtroom and the case was argued by Rob Corry.

I would make sure its a legit edible rec.