CloneDoc
- 33
- 6
i hope not. I'm hoping this bill will get cleaned up voluntarily or killed with law suits.
:sick0004:
>>>>>>Colorado Medical Marijuana Laws are changing<<<<<<
i hope not. I'm hoping this bill will get cleaned up voluntarily or killed with law suits.
:sick0004:
B
BoCo Buds
- 138
- 0
The CTI just emailed... for those of us not there...
For immediate release: Aug. 31, 2010
Dept. of Revenue Reveals Draft Rules for MMJ Industry
Patient and Caregiver Rights Litigation Project Formed
Click here for VIDEO and PHOTOS:
{Denver} -- The Colorado Department of Revenue released 92 pages of draft
rules for the medical marijuana industry last week. The DOR will use these
draft rules as a basis to form permanent rules for the medical marijuana
industry.
Click here to read the draft rules (PDF file):
The draft rules were revealed on Friday, August 27, 2010 at the first
"workgroup" meeting of 25 people who will "give guidance" to the Department
of Revenue on their rulemaking process. This was the same workgroup meeting
that the DOR tried to hold in private, until CTI pressured the DOR to obey
the Open Meetings Act (Sunshine Law) and open the meeting to the public.
About 70 members of the public attended the meeting.
*Web Tracking System Announced*
At the meeting, the Dept. of Revenue revealed plans for a new web-based
"seed to sale" tracking system that they have been developing through
weekly meetings with several state agencies and outside consultants.
Medical cannabis activists are concerned that this tracking system will
violate patient confidentiality guaranteed in the Constitution.
Click here to watch a video of Matt Cook, head of the new Medical Marijuana
Enforcement Division of the Department of Revenue, describing the system.
http://www.youtube.com/watch?v=HIHwxj_sD1s
*Surveillance and Recording Requirements*
The rules include 10 pages of new requirements for state-of-the-art video
surveillance and recording systems to be installed in every location that
sells, grows or processes medical marijuana. The draft rules require video
cameras to record every transaction and processing step from seed to sale,
inside and outside. They would require the Medical Marijuana Centers to
link their Point-Of-Sale system with their video surveillance system to
present a text overlay of every transaction on the video recording. The
draft rules require patients to place their Registry ID card and drivers
license in a 12 x 12 space on the counter under the security camera so it
could record their ID with every medical marijuana transaction. The
Department of Revenue wants to be able to access these surveillance cameras
through the Internet at any time. Medical cannabis activists are concerned
that these surveillance requirements will also violate patient privacy
rights.
*Constitutional Issues*
Caregivers operated medical marijuana businesses legally in Colorado for 10
years, until HB1284 was enacted this summer. The stated intention of HB1284
was to put 80% of dispensaries out of business. The Department of Revenue
was given the authority to regulate medical marijuana by HB1284, and they
have begun writing the hundreds of pages of regulations, which are forcing
these formerly legal business owners out of business.
There are good legal arguments that HB1284 is unconstitutional. Prior to
HB1284, medical marijuana businesses operated legally in Colorado for 10
years as care-givers under the protection of the Article XVIII, Section 14
of the Colorado Constitution (Colorado's Medical Marijuana Amendment).
HB1284 created a new entity called the "Medical Marijuana Center", which
has no constitutional protection. In fact, HB1284 requires MMC applicants
to give up their constitutional right to be a care-giver. In exchange for
these constitutional rights, the state has created the "statutory
privilege" of applying to become a "Medical Marijuana Center". Statutes and
regulations can be changed at whim by politicians or bureaucrats, offering
little protection. However, a constitutional right gives greater protection
than statutes, and can only be changed by a vote of the people.
In normal circumstances, no one would dream of giving up their
constitutional rights in exchange for a "statutory privilege". However,
many caregivers and dispensary owners felt they had no choice but to try to
comply with the new "statutory privilege" laws, as they had invested their
entire life savings into their businesses. Caregivers reluctantly gave up
their constitutional right to provide medicine for their patients, and now
they are faced with volumes of new regulations and thousands of dollars
more in costs to bring their "centers" into compliance.
*Patient and Caregiver Rights Litigation Project*
The solution is to overturn HB1284 as unconstitutional. The Cannabis
Therapy Institute is helping publicize the Patient and Caregiver Rights
Litigation Project. The PCRLP has several attorneys working from different
legal angles to clarify and restore Colorado's Constitutional right to be a
caregiver.
The PCRLP needs the help of the entire industry to make this project
successful. On Aug. 1, the medical marijuana industry in Colorado gave the
state $10 million in application fees so the state could regulate them out
of existence. If dispensary owners gave only 10% of that amount to the
Patient and Caregiver Rights Litigation Project, they could overturn all of
these unconstitutional laws and put businesses back on the same track they
were before HB1284.
If patients have to swipe a card and get into a government database every
time they buy medicine, no patient will want to be part of the program.
*Get Involved*
If you would like to fight for your Constitutional rights, please send an
email to the Patient and Caregiver Rights Litigation Project:
[email protected].
Please describe your particular case and how you would like to be involved
in this project. They are currently seeking plaintiffs and funders.
For 10 years prior to HB1284, caregivers in Colorado were allowed to
provide medical marijuana to their patients in a safe, compassionate way.
It is time for the industry to fight back against these un-Constitutional
laws and take the industry back from government regulators, who only seek
ways to put dispensaries out of business and open patients to unprecedented
levels of scrutiny.
*BECOME A CTI SPONSOR*
Please donate to support CTI's mission of cannabis advocacy and activism.
For immediate release: Aug. 31, 2010
Dept. of Revenue Reveals Draft Rules for MMJ Industry
Patient and Caregiver Rights Litigation Project Formed
Click here for VIDEO and PHOTOS:
{Denver} -- The Colorado Department of Revenue released 92 pages of draft
rules for the medical marijuana industry last week. The DOR will use these
draft rules as a basis to form permanent rules for the medical marijuana
industry.
Click here to read the draft rules (PDF file):
The draft rules were revealed on Friday, August 27, 2010 at the first
"workgroup" meeting of 25 people who will "give guidance" to the Department
of Revenue on their rulemaking process. This was the same workgroup meeting
that the DOR tried to hold in private, until CTI pressured the DOR to obey
the Open Meetings Act (Sunshine Law) and open the meeting to the public.
About 70 members of the public attended the meeting.
*Web Tracking System Announced*
At the meeting, the Dept. of Revenue revealed plans for a new web-based
"seed to sale" tracking system that they have been developing through
weekly meetings with several state agencies and outside consultants.
Medical cannabis activists are concerned that this tracking system will
violate patient confidentiality guaranteed in the Constitution.
Click here to watch a video of Matt Cook, head of the new Medical Marijuana
Enforcement Division of the Department of Revenue, describing the system.
http://www.youtube.com/watch?v=HIHwxj_sD1s
*Surveillance and Recording Requirements*
The rules include 10 pages of new requirements for state-of-the-art video
surveillance and recording systems to be installed in every location that
sells, grows or processes medical marijuana. The draft rules require video
cameras to record every transaction and processing step from seed to sale,
inside and outside. They would require the Medical Marijuana Centers to
link their Point-Of-Sale system with their video surveillance system to
present a text overlay of every transaction on the video recording. The
draft rules require patients to place their Registry ID card and drivers
license in a 12 x 12 space on the counter under the security camera so it
could record their ID with every medical marijuana transaction. The
Department of Revenue wants to be able to access these surveillance cameras
through the Internet at any time. Medical cannabis activists are concerned
that these surveillance requirements will also violate patient privacy
rights.
*Constitutional Issues*
Caregivers operated medical marijuana businesses legally in Colorado for 10
years, until HB1284 was enacted this summer. The stated intention of HB1284
was to put 80% of dispensaries out of business. The Department of Revenue
was given the authority to regulate medical marijuana by HB1284, and they
have begun writing the hundreds of pages of regulations, which are forcing
these formerly legal business owners out of business.
There are good legal arguments that HB1284 is unconstitutional. Prior to
HB1284, medical marijuana businesses operated legally in Colorado for 10
years as care-givers under the protection of the Article XVIII, Section 14
of the Colorado Constitution (Colorado's Medical Marijuana Amendment).
HB1284 created a new entity called the "Medical Marijuana Center", which
has no constitutional protection. In fact, HB1284 requires MMC applicants
to give up their constitutional right to be a care-giver. In exchange for
these constitutional rights, the state has created the "statutory
privilege" of applying to become a "Medical Marijuana Center". Statutes and
regulations can be changed at whim by politicians or bureaucrats, offering
little protection. However, a constitutional right gives greater protection
than statutes, and can only be changed by a vote of the people.
In normal circumstances, no one would dream of giving up their
constitutional rights in exchange for a "statutory privilege". However,
many caregivers and dispensary owners felt they had no choice but to try to
comply with the new "statutory privilege" laws, as they had invested their
entire life savings into their businesses. Caregivers reluctantly gave up
their constitutional right to provide medicine for their patients, and now
they are faced with volumes of new regulations and thousands of dollars
more in costs to bring their "centers" into compliance.
*Patient and Caregiver Rights Litigation Project*
The solution is to overturn HB1284 as unconstitutional. The Cannabis
Therapy Institute is helping publicize the Patient and Caregiver Rights
Litigation Project. The PCRLP has several attorneys working from different
legal angles to clarify and restore Colorado's Constitutional right to be a
caregiver.
The PCRLP needs the help of the entire industry to make this project
successful. On Aug. 1, the medical marijuana industry in Colorado gave the
state $10 million in application fees so the state could regulate them out
of existence. If dispensary owners gave only 10% of that amount to the
Patient and Caregiver Rights Litigation Project, they could overturn all of
these unconstitutional laws and put businesses back on the same track they
were before HB1284.
If patients have to swipe a card and get into a government database every
time they buy medicine, no patient will want to be part of the program.
*Get Involved*
If you would like to fight for your Constitutional rights, please send an
email to the Patient and Caregiver Rights Litigation Project:
[email protected].
Please describe your particular case and how you would like to be involved
in this project. They are currently seeking plaintiffs and funders.
For 10 years prior to HB1284, caregivers in Colorado were allowed to
provide medical marijuana to their patients in a safe, compassionate way.
It is time for the industry to fight back against these un-Constitutional
laws and take the industry back from government regulators, who only seek
ways to put dispensaries out of business and open patients to unprecedented
levels of scrutiny.
*BECOME A CTI SPONSOR*
Please donate to support CTI's mission of cannabis advocacy and activism.
JeromeGarcia
- 355
- 28
I'm new to this board, but I have been pretty involved with MMJ & Disability Rights advocacy this last year both at the State and Local(town) levels.
I'm not a happy person right now. Its a tough fight going against prohibitionists, but only since they will use dirty politics, and not because of the 'subject matter'.
I would be a lot happier person if I knew that ppl's where locally organizing in their communities to be prepared for dealing w/ 1284 on a local level. Sadly, I know its not the case.
Currently, I'm am pondering whether to pursue with going to the CWA (CO Wellness Association) with what I believe is a Prima Facia case on the local ban issue. I believe its prima facie because I repeatedly told the Town council that a vote by the ppl, or resolution by the Council was unconstitutional since ‘dispensing’ is specified as a protected right in Amendment 20’s affirmative defenses provision (2)(d).
“(2)(d) …no person, including a patient or primary care-giver, shall be entitled to the protection of this section for his or her acquisition, possession, manufacture, production, use, sale, distribution, dispensing, or transportation of marijuana for any use other than medical use.”
This clause, which most people have to read at least twice to understand, is called a reverse affirmation, and is legalese for what actions are permitted for those who engage in medicinal cannabis usage. Consequently, the Constitution clearly protects the dispensing of medicinal cannabis, and for the reason that dispensaries are, by definition, the places where dispensing takes place, it is logical to say dispensaries are afforded the protections given to all other Colorado Constitutional laws and cannot be taken away unless the Constitutional Amendment is repealed.
gotta run....
I'm not a happy person right now. Its a tough fight going against prohibitionists, but only since they will use dirty politics, and not because of the 'subject matter'.
I would be a lot happier person if I knew that ppl's where locally organizing in their communities to be prepared for dealing w/ 1284 on a local level. Sadly, I know its not the case.
Currently, I'm am pondering whether to pursue with going to the CWA (CO Wellness Association) with what I believe is a Prima Facia case on the local ban issue. I believe its prima facie because I repeatedly told the Town council that a vote by the ppl, or resolution by the Council was unconstitutional since ‘dispensing’ is specified as a protected right in Amendment 20’s affirmative defenses provision (2)(d).
“(2)(d) …no person, including a patient or primary care-giver, shall be entitled to the protection of this section for his or her acquisition, possession, manufacture, production, use, sale, distribution, dispensing, or transportation of marijuana for any use other than medical use.”
This clause, which most people have to read at least twice to understand, is called a reverse affirmation, and is legalese for what actions are permitted for those who engage in medicinal cannabis usage. Consequently, the Constitution clearly protects the dispensing of medicinal cannabis, and for the reason that dispensaries are, by definition, the places where dispensing takes place, it is logical to say dispensaries are afforded the protections given to all other Colorado Constitutional laws and cannot be taken away unless the Constitutional Amendment is repealed.
gotta run....
K
kuz
- 678
- 63
The Colorado attorney general should know something about how to interpret the legalese, it was surprising when the state turned its back on his opinion.
1284 justifies the dispensary to sell to anyone with a card, then turns around and tells us that the mere act of selling marijuana is not enough for one to be considered a caregiver. Thats pretty much what I thought it was all about, hooking up a grower with a patient. I say forget about 1284, lets just legalize.
1284 justifies the dispensary to sell to anyone with a card, then turns around and tells us that the mere act of selling marijuana is not enough for one to be considered a caregiver. Thats pretty much what I thought it was all about, hooking up a grower with a patient. I say forget about 1284, lets just legalize.
sky high
- 4,796
- 313
If You Smoke, You Can't Hunt
EAGLE COUNTY, Colorado — Matt Solomon started getting calls a few months ago, and has gotten more as hunting season approached. All of them go something like this: “I have a medical marijuana card. Can I buy a new gun for hunting season?”
The short answer, from two local gun dealers, is “no.”
Here's a slightly longer answer.
Solomon, who owns Alpine Arms in Eagle, started doing some research when the calls first came. Here's what he found: People who hold medical marijuana cards may be complying with state law, but marijuana possession is still a federal offense. Since federal law applies when buying or selling guns through licensed dealers, people buying guns through dealers, customers have to fill out a form from the federal Bureau of Alcohol Tobacco and Firearms.
That form asks: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
In the feds' eyes, anyone using marijuana is an “unlawful user.”
If the person filling out the form answers yes, that stops the gun-buying process in its tracks. If the person answers no, and is later found to have lied, that's a federal crime.
Jim Kelly, owner of Bogart's Gun Shop in Eagle, has a direct line to the Colorado Bureau of Investigation. During a quick in-person stop at his shop on Second Street, Bogart picked up the hotline and asked a bureau representative if a card holder could buy a gun. The answer was a quick no.
“They're denying anyone with a medical marijuana card,” Kelly said.
Of course, the classified ads for any “shopper”-type newspaper generally have plenty of ads for guns, and private sales aren't regulated the way they are through licensed dealers. But, Solomon said, those private deals can come back to bite sellers.
“Say you know someone who has a medical marijuana card and you buy a gun for him and sell it to him,” Solomon said. “If he commits a crime with that gun, or if it's stolen, it'll come back to you. It can put you at risk.
Solomon said he has one customer who would rather hunt than smoke.
“He's trying to get off the list,” Solomon said. “But he might have to wait until his card expires.”
EAGLE COUNTY, Colorado — Matt Solomon started getting calls a few months ago, and has gotten more as hunting season approached. All of them go something like this: “I have a medical marijuana card. Can I buy a new gun for hunting season?”
The short answer, from two local gun dealers, is “no.”
Here's a slightly longer answer.
Solomon, who owns Alpine Arms in Eagle, started doing some research when the calls first came. Here's what he found: People who hold medical marijuana cards may be complying with state law, but marijuana possession is still a federal offense. Since federal law applies when buying or selling guns through licensed dealers, people buying guns through dealers, customers have to fill out a form from the federal Bureau of Alcohol Tobacco and Firearms.
That form asks: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
In the feds' eyes, anyone using marijuana is an “unlawful user.”
If the person filling out the form answers yes, that stops the gun-buying process in its tracks. If the person answers no, and is later found to have lied, that's a federal crime.
Jim Kelly, owner of Bogart's Gun Shop in Eagle, has a direct line to the Colorado Bureau of Investigation. During a quick in-person stop at his shop on Second Street, Bogart picked up the hotline and asked a bureau representative if a card holder could buy a gun. The answer was a quick no.
“They're denying anyone with a medical marijuana card,” Kelly said.
Of course, the classified ads for any “shopper”-type newspaper generally have plenty of ads for guns, and private sales aren't regulated the way they are through licensed dealers. But, Solomon said, those private deals can come back to bite sellers.
“Say you know someone who has a medical marijuana card and you buy a gun for him and sell it to him,” Solomon said. “If he commits a crime with that gun, or if it's stolen, it'll come back to you. It can put you at risk.
Solomon said he has one customer who would rather hunt than smoke.
“He's trying to get off the list,” Solomon said. “But he might have to wait until his card expires.”
altitudefarmer
- 3,271
- 263
I'm glad they're keeping the communities SAFE. I saw this documentary directly relating cannabis use to elementary and middle school shootings. I think it was called REEFER MADNESS.
true grit
- 6,269
- 313
No way. you must not be up on Prop 19. Worst idea ever......
On the gun laws- private sales will not bite someone in the ass. Fuck registering your firearms anyway. We have a constitutional right to bear arms to keep the government in check- not to just own but to keep government in check. Do you know how many people get pulled over under the influence with CCW license or firearm (concealed carry permit)? If you have one you are required by law to present it to LEO if pulled over. At that point if ya even looked stoned, drunk, high.... im sure you are screwed. In CO, do private sales anyways, we are allowed to open carry in vehicles and have firearms in your home. Again, i would rather have a firearm in case, then not have one because big bro might catch me some day in a situation where i may actually have had to use it to protect myself and/or my property.
Tripsick
- 420
- 43
Bullshit, Prop 19 is the best thing that has happened in a long time..
Some People are being duped into believing its a bad thing.
Cali will have the best Marijuana laws any place in the world once this is voted in.
Medical and Recreational what ever fits your needs.
It is always funny how people resist things that are in their best interest like Freedom...
But at least in 4 weeks we can stop talking about it..
Some People are being duped into believing its a bad thing.
Cali will have the best Marijuana laws any place in the world once this is voted in.
Medical and Recreational what ever fits your needs.
It is always funny how people resist things that are in their best interest like Freedom...
But at least in 4 weeks we can stop talking about it..
true grit
- 6,269
- 313
How is over regulation, taxation, county bans, limited grow space, pullin of med rights, etc a representation of freedom? Geez, kinda sounds like what we are complainin bout round these parts....Do you live in CO or CA?
Prop 19 is Richard Lee trying to buy Cali. NORML selling out to Richard Lee. And Cali being sold out under their noses.
Prop 19 is Richard Lee trying to buy Cali. NORML selling out to Richard Lee. And Cali being sold out under their noses.
T
TurboAllWD
- 148
- 18
Yeah theres no way in hell I would ever vote yes on Prop 19 if I lived in CA. If you take the time to look at both sides, instead of just looking at the very few positives to the bill, you'll notice its ten times worse than it is good. Say goodbye to caregivers, the new reg's will really put them out of business. If you think the 5 patient limit sucks, go try being a caregiver or grower in CA if/after Prop 19 passes. There's a huge cost associated with this "legalization" bullshit.
T
TyKaycha
- 352
- 0
Herb if legalized & taxed, like alcohol, is going to have all kinds of changes to it's laws. After Prohibition, there were and still are some crazy laws on the books around the country. I haven't read Prop 19, but I know that no law is ever written perfectly and also make everyone happy but it can always be amended later. It gets the general public more accepting of the idea of legalization. I think any step towards legalization nationwide is a step in the right direction, though it maybe just a fraction of a step - it's still a step. But like I said I haven't read up on it. Maybe it is utter crap.
true grit
- 6,269
- 313
It is utter crap. lol.
T
TyKaycha
- 352
- 0
Would like to read up on it.
Have any good links that aren't completely biased, one way or the other?
Thanks!
Have any good links that aren't completely biased, one way or the other?
Thanks!
T
therealpaco
Guest
its really too bad CO doesn't just let it be and flourish like they did with home brewing.
true grit
- 6,269
- 313
That would be nice Paco...
Ty- Not sure if theres such a thing as a non-biased prop 19 fact sheet at this point. lol. Here's one Raskal posted. Why do they need this anyway, Governator just signed into law decriminalization? All Prop 19 will now do is create a big business and stiffer penalties than they are now with decrim that was signed on Oct 1st!
http://votetaxcannabis2010.blogspot.com/2010/07/why-pro-pot-activists-oppose-2010-tax.html
Ty- Not sure if theres such a thing as a non-biased prop 19 fact sheet at this point. lol. Here's one Raskal posted. Why do they need this anyway, Governator just signed into law decriminalization? All Prop 19 will now do is create a big business and stiffer penalties than they are now with decrim that was signed on Oct 1st!
http://votetaxcannabis2010.blogspot.com/2010/07/why-pro-pot-activists-oppose-2010-tax.html
T
TyKaycha
- 352
- 0
In many ways it sounds eerily similar to whats going on here. There is definitely some crap in there.
S
SoCoMMJ
- 313
- 28
Because that law just catches them up to Colorado standards for possession. Under an ounce and you get a petty offense ticket. It's two ounces in Colorado now actually.
Cultivation is a whole nutha story... Hence prop 19.
true grit
- 6,269
- 313
Nope, re-read it. You can cultivate less than med patients and they will come after that market too.
Yes, the same thing for the Prop 19. 1 ounce or less is ok. But instead of decrim, if you go over that with legal you have actual misdemeanors instead of pety fines. So once again, legalize and face prosecution instead of a fine. Oh and stick to growin in a 5x5 instead of what your doctor or any doctor decides is legit. Cali does away with plant limits and people want a 5x5?
Open your eyes folks, aint nothing good about prop 19. Not sure if folks noticed either but between pot lobbyists, police chiefs assoc., MADD, and now the churches lobbying- good luck and thank goodness for the bad guys.
Yes, the same thing for the Prop 19. 1 ounce or less is ok. But instead of decrim, if you go over that with legal you have actual misdemeanors instead of pety fines. So once again, legalize and face prosecution instead of a fine. Oh and stick to growin in a 5x5 instead of what your doctor or any doctor decides is legit. Cali does away with plant limits and people want a 5x5?
Open your eyes folks, aint nothing good about prop 19. Not sure if folks noticed either but between pot lobbyists, police chiefs assoc., MADD, and now the churches lobbying- good luck and thank goodness for the bad guys.
sky high
- 4,796
- 313
Just as the "dispensary' model and the extra licensing 1284 brought with it took rights away from EVERY patient in Colorado, the California model is worse in many ways.... and unfortunately, may be THE DIRECTION most states go if this passes.
Yes, the initiative legalizes an ounce of pot for anyone over 21....but did you read the fine print that says that you MUST BUY IT FROM A LICENSED STATE DISPENSARY and be able to PROVE THAT FACT through reciepts/etc. if questioned/stopped/etc. by the po-po. Buiyng it from your neighbor or anyone else will still be illegal and the fine will be $1000. As it stands now, the fine is $100!
I see this being a precedent...and iif it passes I see it being where Colorado goes in the future. Limit personal grows to ridiculous levels...even medical...basically FORCING many people to buy State-operated dispensary crap and pay high prices and high taxes on it... 1284 is just the warm up...
Yes, the initiative legalizes an ounce of pot for anyone over 21....but did you read the fine print that says that you MUST BUY IT FROM A LICENSED STATE DISPENSARY and be able to PROVE THAT FACT through reciepts/etc. if questioned/stopped/etc. by the po-po. Buiyng it from your neighbor or anyone else will still be illegal and the fine will be $1000. As it stands now, the fine is $100!
I see this being a precedent...and iif it passes I see it being where Colorado goes in the future. Limit personal grows to ridiculous levels...even medical...basically FORCING many people to buy State-operated dispensary crap and pay high prices and high taxes on it... 1284 is just the warm up...
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