Any caregivers registered?

[Texas Kid]

The red card is actually required by law now, not to say there are not exceptions but they made the card a requirment with the last round of rules. I think HB1043 goes into that one in detail..

Tex

 

[iscrog4food]

I've wondered about that yield thing too. I mean, even if we only harvest 3 at a time, if they're decent at all, yer gonna get well over 2oz out of them. So how do y'all work with that?

Xxoo
Mel

Personally I dont ever chop where I grow. I chop dry and cure at a safe address away from my grow. I simply pull a Uhaul trailer in the garage, load up 6 trees and take em to the safe address. I figure if I a place is gonna get raided it will likely be a place with a grow on sight. ALso my safe address is in the hills so I can literally trim on the front porch and have no worries of someone bothering me. ALso if you get pulled in transit no worries because it is only 6 plants. I think the best advice I could give to my fellow coloradians is to diversify! Don't put all your eggs in one basket! It is much better to have a few small grows than one big one because if you loose a grow you can stilll afford court costs if they shut one place down. Otherwise it is trial by bankruptcy!

 

[sky high]

Please point out WHERE you found the 'multiple references' that you must be registered with the State to have an 'affirmative defense' of ANYSORT! (footnotes are nice).

for those who fuckin can't read...or don't want to believe the truth...:fighting0085:

start here with "medical use'. See where it mentions "authorized"??
section III

(b) "Medical use" means the acquisition, possession, production, use, or transportation of marijuana or paraphernalia related to the administration of such marijuana to address the symptoms or effects of a patient's debilitating medical condition, which may be authorized only after a diagnosis of the patient's debilitating medical condition by a physician or physicians, as provided by this section.

That ISN'T your doc "authorizing" you as a patient >after< their diagnosis..it's the STATE authorizing that you qualify for a RED CARD once they recieve your doc's rec and make sure it is valid/legit/etc.
Section III

(h) "State health agency" means that public health related entity of state government designated by the governor to establish and maintain a confidential registry of patients authorized to engage in the medical use of marijuana and enact rules to administer this program.

To be legal you must be "authorized" by the State. Can't do that with just a rec that you never sent in to the State. (not to mention a fee you didn't pay)

(d) Notwithstanding the foregoing provisions, 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.

As stated above, "medical use" can only be authorized (deemed legal under A20) by the CDPHE/State >after< they recieve your physician's recommendation/documentation and AUTHORIZE your medical use via the issuance of a RED CARD.

Section 3

(b) In order to be placed on the state's confidential registry for the medical use of marijuana, a patient must reside in Colorado and >>submit<< the completed application form adopted by the state health agency, including the following information, to the state health agency:

(I) The original or a copy of written documentation stating that the patient has been diagnosed with a debilitating medical condition and the physician's conclusion that the patient might benefit from the medical use of marijuana;

again...and for the umpteenth time...there's not a lick of verbiage in A20 that allows you to use the DOCTOR'S rec as a substitute for a Red Card or that is in anyway (ANYSORT!!) your legal paperwork...

on the contrary...it states directly in verbiage of Article 14 (as quoted above) that you >>must<< send the ORIGINAL doctor's rec into the State to gain approval to enter the program (recieve a RED Card) and be authorized for medical use (i, e. to qualify for an "affirmative defense").


TK knows the drill. Yer a fool to not have a card because without it, you are NOT on the Registry and thus, will be considered "illegal". (No PAY, NO PLAY...as always) Think Driving/hunting/fishing/Concealed permit for just a few examples of how just "having paperwork" but NO LICENSE IN HAND just ISN'T GONNA FLY in most instances. (there are always lazy/crooked/uniformed cops out there who can make anything an "exception to the rule")

there will be plenty of test cases if folks follow this trend....guaranteed.

to each their own though!

Best of luck.

s h

 

[DoobyScoo]

Thank you much, SH.
I can read.
I dun guud in skool!

But, TK is right. The CONSTITUTION is being interpreted at the legislative level. The 'Clean-Up Bill' is taking care of that.

Also, true story, what happens when the State accepts the fee, but doesn't issue the card or a rejection notice?
Short of having a 'legally binding' (I use that term veryyy loosely) contract between you and your patient, how is a caregiver to know if he has X amount of patients?

Why should a non-photo ID cost $35, or $90 as used to be? When a photo ID costs $21?

I was taut litirassy from an erli aege. Iem no dummas!
But your condescension does not fall on deaf ears.

Affirmative Defense <does not equate to> Registry
If you had to be on the Registry to have an 'Affirmative Defense' then they would have stopped issuing cards a long time ago, like they tried to do by taking 9+ mos!

I do agree, however, that you gotta pay to play if you want a smooth ride.

I fergaught to rite in brite kulers to emfasize mi poeint

 

[Texas Kid]

Here is what 1043 says abou your red card

(9) Registry identification card required - denial - revocation- renewal.

(a) To be considered in compliance with the provisions of section 14 of article XVIII of the state constitution, this section, and the rules of the state health agency, a patient or primary caregiver shall have his or her registry identification card in his or her possession at all times that he or she is in possession of any form of medical marijuana and produce the same upon request of a law enforcement officer to demonstrate that the patient or primary caregiver is not in violation of the law; except that, if more than thirty-five days have passed since the date the patient or primary caregiver filed his or her medical marijuana program application and the state health agency has not yet issued or denied a registry identification card, a copy of the patient's or primary caregiver's application along with proof of the date of submission shall be in the patient's or primary caregiver's possession at all times that he or she is in possession of any form of medical marijuana until the state health agency issues or denies the registry identification card. A person who violates section 14 of article XVIII of the state constitution, this section, or the rules promulgated by the state health agency may be subject to criminal prosecution for violations of section 18-18-406, C.R.S.

 

[DoobyScoo]

As society we delegate the interpretation of the constitution to that of our 'elected' officials.
But, we do not burn the Constitution either.

Remember, Porn was illegal, till the Internet nutted.

Could be worse, we could be in New Jersey.
http://www.youtube.com/watch?v=afrL3RAw_jA

Whatever, Cali is going to legalize it and all sorts of problems are just going to pack up in a U-Haul and move.

 

[sky high]

A Red Card has always been a requirement to play (until 2008 when folks decided they didn't like the rules...LOL)....

>Thanks< for grabbing that verbiage from 1284 and backin up what is required to have the defense/nod of "legality" here TK.

s h

 

[DoobyScoo]

What we can agree on is that it is in everybody's best interest to have their card +5 with variances, if they want to play by the ever-changing rules, and cover their ass as best as possible.
While you are at it, make sure all your shit (electrical, carpentry, HVAC) is up to code and you don't have a thing to worry about.

And it was 2009, not 2008 SH.

I'm still waiting for the next bill, wondering what they are going to call it?
Maybe the 'Clean-Out Bill'.

 

[putembk]

What we can agree on is that it is in everybody's best interest to have their card +5 with variances, if they want to play by the ever-changing rules, and cover their ass as best as possible.
While you are at it, make sure all your shit (electrical, carpentry, HVAC) is up to code and you don't have a thing to worry about.

And it was 2009, not 2008 SH.

I'm still waiting for the next bill, wondering what they are going to call it?
Maybe the 'Clean-Out Bill'.

Please, no more bills or amendments. Every time something like that comes up it seems there are new regs to follow. Plus it takes 6 months to understand what the fricken thing says.

 

[iscrog4food]

I think the funniest part about the whole clusterfuck is that the cops don't even know the rules! People think that the cops are just being nice to them but really they don't even know the fucking laws! I got pulled before I got my redcard and I had my app and proof of mailing ect (back when it did take 6 months). The cop that pulled me asked if I had MJ in the car and I said yes and he asked for it so I gave it to him (like a gram) along with my app and doctor rec. He proceeded to tell me he was gonna take me in for possession. I explained the law to him and he went back to the car, called his boss, and asked him what was up. He then returned with my paperwork and my ganja and told me to have a great day. If I hadn't said anything to him he probably would have taken me in!! I love this country!

 

[SoCoMMJ]

I think the funniest part about the whole clusterfuck is that the cops don't even know the rules!

Apparently neither does the DA in El Paso county...

 

[kolah]

I think the funniest part about the whole clusterfuck is that the cops don't even know the rules! People think that the cops are just being nice to them but really they don't even know the fucking laws! I got pulled before I got my redcard and I had my app and proof of mailing ect (back when it did take 6 months). The cop that pulled me asked if I had MJ in the car and I said yes and he asked for it so I gave it to him (like a gram) along with my app and doctor rec. He proceeded to tell me he was gonna take me in for possession. I explained the law to him and he went back to the car, called his boss, and asked him what was up. He then returned with my paperwork and my ganja and told me to have a great day. If I hadn't said anything to him he probably would have taken me in!! I love this country!

I defended/represented myself in a courtroom on bogus charges of harassment and obstuction of an officer investigation. (basically I refused to talk to the cop who was questioning me as he had no probable cause to do so) Anyway, I put 3 pigs on the stand and not a one of them could name or explain any of the first 10 Bill of Rights.

Yet these fuckers took an oath to honor and uphold The Constitution. I found it ironic they didn't have a friggen clue and couldn't even name off the 2nd amendment or the FIFTH (right to remain silent). I had a 7 man jury trial and I was rightfully found not guilty on both counts. Dumb fucks wasted my time and tax dollars.

way off topic but just showing how stupid the pigs are..Again, my golden rule is to " NEVER talk to a cop." NEVER! The only thing you may want to say is that you are exercising your ight to remian silent. In your case maestro, you do have to show your DL, reg and insurance card. When he asked you if you had mj in the care, mums the word. Let him call out the dog sniffers and waste more tax dollars and later sue him for illegal detainment or arrest. Pigs can abuse their powers by just saying they smelled weed. If thats the case you have the option to show them your redcard. But then what? Will the pig accuse you of DUI? I choose to say nothing. Let them arrest me. But they will not be able to make any charges stick.

Theres a good video on YOUTUBE (2 parts) : "Never talk to cops." It's awesome.

 

[Cheeseus]

Question can anyone fill me in on who do i ask or how i go about getting a "higher plant count/limit" because an ounce maakes about a batch of cookies. LOL I liked the Oregon law 24 plants and a Pound and a Half. What do you do if you want Outdoor?

 

[Cheeseus]

bump

 

[Texas Kid]

Depending on what doctor you go see there are alot of options for extended plant count recommendations..

Tex

 

[DoobyScoo]

Dont rec docs online!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Pleez