Are There Any Legal Caregivers In Colorado Here On The Farm?

  • Thread starter kolah
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kolah

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If you are a legal/licensed CO caregiver or are quite knowledgeable about the CO caregiver laws shoot me a PM.
 
putembk

putembk

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Hey kolah.....am reading that things are changing. Just read last night that they are going to limit elevated plant counts to 30. The caregivers I have talked to arn't concerned as they think they have a way around the situation. If this happens things will change drastically. I just have a standard red card with a 6 plant limit....with my wife in the house I can have up to 12 plants. I am thinking about looking into a 30 plant limit because I am over on my 12 because of my veg tent. I currently have 8 strains and there is no way to stay below 12 plants keeping a perpetual grow going.
 
altitudefarmer

altitudefarmer

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@putembk where did you read this? I would like to stay on top of the caregiver laws as well.
 
altitudefarmer

altitudefarmer

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Thanks bro, I meant where to read what they are planning. I have that stupid site ^^^ almost memorized...
 
420circuit

420circuit

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They seem to be planning, plotting is more accurate, to make it harder to grow as a caregiver. There are a few folks who send email updates on the moves these overpaid hacks in Denver are making, I will post a few links when back at my desk, unless someone beats me to it. I am disturbed by the bias that is clearly anti-cannabis, showing up in the recent report. The evidence regarding positive medical effects, potential anti-cancer and palliative care, are ignored, clearly in an attempt to cover up the most compelling reasons for legalization.
 
MrBelvedere

MrBelvedere

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It looks like a city/county ordinance bobo thing like some regions of Cali also has... (not state wide) here is one article: http://www.thecannabist.co/2015/03/03/denver-pot-plant-limits/30946/ OMG "unpermitted mezzanines pose a collapse risk" lol wtf smh ... if passed, "Violation of the proposed amendment would carry up to one year in prison and a $999 fine." It looks like only one unlicensed caregiver bothered to show up at the council hearing.

http://denver.cbslocal.com/2015/03/03/denver-releases-photos-with-aim-to-limit-grow-operations/

----------------------
The city of Denver is proposing changes that would limit unlicensed, non-residential marijuana cultivations to 36 plants.

The officials behind the proposed change, which would chiefly affect over-sized collective grows and caregivers with a large number of plants, hope the amendment would make for safer conditions, clearer law enforcement options and fewer opportunities for untracked marijuana to escape into theblack or gray markets.

The City Council’s Safety and Well-being Committee unanimously approved the proposal Tuesday, but members including Robin Kniech and Albus Brooks voiced worry that the rules don’t go far enough. The unlicensed, non-residential grows exist in the cracks of Colorado’s marijuana legalization amendments, and they suggested exploring a new kind of licensing for those that are allowed by state regulations.

“The majority of these non-licensed grows have significant problems around unsafe conditions,” said Ashley Kilroy, the city’s executive director of marijuana policy, before the meeting.

Some of the city’s safety concerns in these unlicensed grows: Fire exits bolted shut and windows covered with steel sheets; unregulated chemicals and pesticides; the presence of mold; fire hazards such as plastic trash bags draped across grow lights; employees living on site; weapons mounted on walls.

The proposed regulations require full council approval. The earliest it could take a final vote on the issue is March 23.

“We need an explicit prohibition and bright line rule limiting plants to 36,” Kilroy said. “We also have significant concerns about large amounts of untracked, non-licensed marijuana and the opportunity for crime and diversion.”

The proposed plant limit would not affect licensed grows or the 12-plant limit already in place for residences. Caregivers could still grow 36 plants, enough for their five patients and themselves, the city says.

“Caregivers are prohibited by law now to grow collectively,” Kilroy said. “Amendment 64 is silent on collective growing, so again, we need a bright line to provide clarity to our residents and to law enforcement and safety officials.”

 
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420circuit

420circuit

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This site is a good place to check for the latest news, the emailed updates are good.


Home
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Colorado Marijuana Law Library
General Colorado Legal Resources | Colorado Marijuana Law | Colorado Medical Marijuana Law | Federal Marijuana Law | Colorado District Court | Colorado Appellate Cases | Colorado Jury Verdicts | Other Marijuana Legal Resources
General Colorado Legal Resources

Colorado Marijuana and Hemp Regulation Act (Amendment 64)
A64 Constitutional Amendment
Colorado Constitution: Article XVIII, Section 16Passed as a Colorado ballot initiative as "Amendment 64" in 2012. Allows personal possession of marijuana up to one ounce by adults 21 years and older. Allows personal cultivation of 6 plants, with no more than 3 flowering. Defines industrial hemp as 0.3% THC.


Agencies

Colorado State Amendment 64 Implementation Task Force: This group of people made recommendations to the General Assembly on how Am. 64 should be implemented. Read the 100 pages of recommendations here.

Department of Revenue Marijuana Enforcement Division (MED): The DOR MED is being created out of the Medical Marijuana Enforcment Division (MMED). The MED will be responsible for promulgating rules and regulations regarding all marijuana in Colorado.

Colorado Medical Marijuana Act (Amendment 20)

A20 Constitutional AmendmentColorado Constitution: Article XVIII, Section 14
Passed as Colorado ballot initiative as "Amendment 20" in 2000. Offers exceptions to criminal laws for medical marijuana users who have been diagnosed with a debilitating medical condition.


  • Statutes and Rules
    • Article 43.3 of Title 12 of the Colorado Revised Statutes (House Bill 10-1284) went into effect on July 1, 2010. It is known as the Colorado Medical Marijuana Code.
    • HB10-1284: Medical Marijuana "Center" Regulations, Enacted by Gov. Bill Ritter on June 7, 2010
    • SB10-109: Physician/Patient Relationship, Enacted by Gov. Bill Ritter on June 7, 2010
    • HB 11-1043: Updates to Medical Marijuana Code (2011)
    • DOR Rules: 77 pages of regulations that medical marijuana centers, infused product manufacturers and marijuana growers must file to be compliant with the medical marijuana program. (January 2011)
    • Current DOR MMJ rules and statements of position
Medical Marijuana Agencies

  • Department of Revenue Medical Marijuana Enforcement Division (MMED): The DOR MMED is responsible for promulgating rules and regulations regarding commercial medical marijuana businesses in Colorado. The MMED is in the process of converting to the MED to include coverage of personal marijuana use for adults allowed under Am. 64. The MED will govern both medical and personal use programs.
  • Department of Public Heatlh and Environment (CDPHE): The CDPHE implements the medical marijuana program.
  • Colorado Board of Health: This Board is responsible for promulgating rules and regulations regarding the confidential registry required by the medical marijuana program.
Miscellaneous Medical Marijuana Legal Issues

  • Medical Marijuana and Sales Tax: Formal Opinion of Attorney General John Suthers Regarding Sales Tax and Medical Marijuana(11/16/09)
Federal Law
Department of Justice Memos

June 29, 2011: Cole Memo: Reinterates that commercial marijuana cultivation operations will be prosecuted by the feds "regardless of state law."

April 26, 2011: Walsh Memo: Letter from Colorado Attorney General John Suthers to Colo. General Assembly with a memo from Colorado US Attorney John Walsh

Feb. 1, 2011: Haag Memo (DOJ to Oakland City Attorney regarding large scale grow operations.)

October 19,2009: Ogden Memo
MEMORANDUM FOR SELECTED UNITED STATES ATTORNEYS
FROM: David W. Ogden, Deputy Attorney General
SUBJECT: Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana
This memo allegedly gave the Obama's administration's "green light" to medical marijuana producers, however a close reading of it shows nothing of the sort. More recent memos have clarified that the feds do not recognize state medical marijuana laws.

Federal Case Law

Gonzales v. Raich (previously Ashcroft v. Raich), 545 U.S. 1 (2005), was a case in which the United States Supreme Court ruled on June 6, 2005 that under the Commerce Clause of the United States Constitution, which allows the United States Congress "To regulate Commerce... among the several States," Congress may ban home-grown cannabis even where states approve its use for medicinal purposes.

Colorado District Court
Cannamart v. Centennial
Cannamart v Centennial Complaint

Ruling: Verbal, not written. Judge ruled that Centennial could not ban medical marijuana dispensaries. Read Denver Post article.

Colorado Appellate Cases
Colorado v. Clendenin


  • Motion to Enforce
  • Appellate Court Ruling
  • Oct. 29, 2009 CTI Press Release: Colorado v. Clendenin: The first case law on Colorado's Medical Marijuana Law (Article XVIII, Section 14 of the Colorado Constitution). The court ruled that a medical marijuana caregiver must know their patients personally and must provide them with other services in addition to the acquisition of medical marijuana.
Colorado v. Marzano Briefs

Marzano Court Filings

  • Opening Brief (3/19/09)
  • AG Answer Brief
  • Marzano Reply Brief (4/12/10)
  • Marzano ruling throwing case out
  • Marzano petition for rehearing from Colorado AG
Aug. 9, 2010: Westword: Medical marijuana conviction against Frank Marzano tossed due to illegal search

May 4, 2011: Click here for PHOTOS and VIDEO of Frank Marzano getting his confiscated property returned to him.

marzano8011.jpg


Medical Marijuana Jury Verdicts
A jury determined a patient could possess any amount of cannabis. See the case of Jason Lauve.

Other Marijuana Legal Resources

Cannabis Therapy Institute
Phone: 877-420-4205
Web: www.cannabistherapyinstitute.com
Email: [email protected]

donate.jpg
 
chickenman

chickenman

Premium Member
Supporter
10,698
438
This site is a good place to check for the latest news, the emailed updates are good.


Home
| Cannabis Classes | THC-DUI Bills
Web Shop | Cannabis Business Directory
Cannabis Law Library | Medical Research
Patients | Policymakers | Contact Colo. State Legislature
Donations and Sponsorships | About Us
FREE NEWSLETTER

Colorado Marijuana Law Library
General Colorado Legal Resources | Colorado Marijuana Law | Colorado Medical Marijuana Law | Federal Marijuana Law | Colorado District Court | Colorado Appellate Cases | Colorado Jury Verdicts | Other Marijuana Legal Resources
General Colorado Legal Resources

Colorado Marijuana and Hemp Regulation Act (Amendment 64)
A64 Constitutional Amendment
Colorado Constitution: Article XVIII, Section 16Passed as a Colorado ballot initiative as "Amendment 64" in 2012. Allows personal possession of marijuana up to one ounce by adults 21 years and older. Allows personal cultivation of 6 plants, with no more than 3 flowering. Defines industrial hemp as 0.3% THC.


Agencies

Colorado State Amendment 64 Implementation Task Force: This group of people made recommendations to the General Assembly on how Am. 64 should be implemented. Read the 100 pages of recommendations here.

Department of Revenue Marijuana Enforcement Division (MED): The DOR MED is being created out of the Medical Marijuana Enforcment Division (MMED). The MED will be responsible for promulgating rules and regulations regarding all marijuana in Colorado.

Colorado Medical Marijuana Act (Amendment 20)

A20 Constitutional AmendmentColorado Constitution: Article XVIII, Section 14
Passed as Colorado ballot initiative as "Amendment 20" in 2000. Offers exceptions to criminal laws for medical marijuana users who have been diagnosed with a debilitating medical condition.





    • Statutes and Rules
      • Article 43.3 of Title 12 of the Colorado Revised Statutes (House Bill 10-1284) went into effect on July 1, 2010. It is known as the Colorado Medical Marijuana Code.
      • HB10-1284: Medical Marijuana "Center" Regulations, Enacted by Gov. Bill Ritter on June 7, 2010
      • SB10-109: Physician/Patient Relationship, Enacted by Gov. Bill Ritter on June 7, 2010
      • HB 11-1043: Updates to Medical Marijuana Code (2011)
      • DOR Rules: 77 pages of regulations that medical marijuana centers, infused product manufacturers and marijuana growers must file to be compliant with the medical marijuana program. (January 2011)
      • Current DOR MMJ rules and statements of position
Medical Marijuana Agencies




    • Department of Revenue Medical Marijuana Enforcement Division (MMED): The DOR MMED is responsible for promulgating rules and regulations regarding commercial medical marijuana businesses in Colorado. The MMED is in the process of converting to the MED to include coverage of personal marijuana use for adults allowed under Am. 64. The MED will govern both medical and personal use programs.
    • Department of Public Heatlh and Environment (CDPHE): The CDPHE implements the medical marijuana program.
    • Colorado Board of Health: This Board is responsible for promulgating rules and regulations regarding the confidential registry required by the medical marijuana program.
Miscellaneous Medical Marijuana Legal Issues




    • Medical Marijuana and Sales Tax: Formal Opinion of Attorney General John Suthers Regarding Sales Tax and Medical Marijuana(11/16/09)
Federal Law
Department of Justice Memos

June 29, 2011: Cole Memo: Reinterates that commercial marijuana cultivation operations will be prosecuted by the feds "regardless of state law."

April 26, 2011: Walsh Memo: Letter from Colorado Attorney General John Suthers to Colo. General Assembly with a memo from Colorado US Attorney John Walsh

Feb. 1, 2011: Haag Memo (DOJ to Oakland City Attorney regarding large scale grow operations.)

October 19,2009: Ogden Memo
MEMORANDUM FOR SELECTED UNITED STATES ATTORNEYS
FROM: David W. Ogden, Deputy Attorney General
SUBJECT: Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana
This memo allegedly gave the Obama's administration's "green light" to medical marijuana producers, however a close reading of it shows nothing of the sort. More recent memos have clarified that the feds do not recognize state medical marijuana laws.

Federal Case Law

Gonzales v. Raich (previously Ashcroft v. Raich), 545 U.S. 1 (2005), was a case in which the United States Supreme Court ruled on June 6, 2005 that under the Commerce Clause of the United States Constitution, which allows the United States Congress "To regulate Commerce... among the several States," Congress may ban home-grown cannabis even where states approve its use for medicinal purposes.

Colorado District Court
Cannamart v. Centennial
Cannamart v Centennial Complaint

Ruling: Verbal, not written. Judge ruled that Centennial could not ban medical marijuana dispensaries. Read Denver Post article.

Colorado Appellate Cases
Colorado v. Clendenin





    • Motion to Enforce
    • Appellate Court Ruling
    • Oct. 29, 2009 CTI Press Release: Colorado v. Clendenin: The first case law on Colorado's Medical Marijuana Law (Article XVIII, Section 14 of the Colorado Constitution). The court ruled that a medical marijuana caregiver must know their patients personally and must provide them with other services in addition to the acquisition of medical marijuana.
Colorado v. Marzano Briefs

Marzano Court Filings




    • Opening Brief (3/19/09)
    • AG Answer Brief
    • Marzano Reply Brief (4/12/10)
    • Marzano ruling throwing case out
    • Marzano petition for rehearing from Colorado AG
Aug. 9, 2010: Westword: Medical marijuana conviction against Frank Marzano tossed due to illegal search

May 4, 2011: Click here for PHOTOS and VIDEO of Frank Marzano getting his confiscated property returned to him.

marzano8011.jpg


Medical Marijuana Jury Verdicts
A jury determined a patient could possess any amount of cannabis. See the case of Jason Lauve.

Other Marijuana Legal Resources

Cannabis Therapy Institute
Phone: 877-420-4205
Web: www.cannabistherapyinstitute.com
Email: [email protected]

donate.jpg
Wondering If timmy tip toe tipton is still connected to this outfit.....
 
muir

muir

566
143
Wondering If timmy tip toe tipton is still connected to this outfit.....

to my knowledge Tim has no connection with CTI, it is just Kathleen Chippi and Laura Kreho(sp?). I see KC every week or two.
 
K

kolah

4,829
263
Correct me if am wrong. This is what I've gathered.

-It appears anyone over 18 with a valid ID can be a "caregiver. "
-You must have a state form signed by the patient (and notorized) indicating that you are the caregiver.
-You can have five patients max at 6 plants per patient ( 3 veg, 3 flower) (although you could have more if you jump through some hoops ...paperwork, etc)
-If you do not have 5 patients you can fill out a CO state form and get on their volunteer registry list which will hook you up with new patients.
-You must grow your own and can not purchase it from elsewhere.
-You can not charge for the MJ medicine but you can charge for the cost of growing it. ?
- You can be a caregiver and still have a redcard in which you could grow 6 more for youself.


Questions?

1. What if a patient has a MD recommendation for an increased plant count?

2. Has any new laws been implemented that require Caregivers to register with the state, fill out forms and/or pay a fee? I could not find anything that said an application process had to be undertaken.

3. Since the rec law was passed would this allow a caregiver to grow an additional 6 plants?

...sounds too fricken easy..I gotta be missing something. ?
 
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420circuit

420circuit

514
93
When I met the guys (lawyers) who wrote A64, Josh and Brian, at a presentation in Loveland about a year ago, the question about plant count was brought up and they responded that it is their legal opinion that every person in CO who has a red card can grow 6 med plants and 6 rec plants. They would not talk about the increased plant count to the group of about 50 people, but afterwards Josh told a smaller group that he felt the increased plant count would hold up in court. Not a clear answer, but he sounded sincere if that helps. I have an increased count from my doc and grow more than 6, about half are a hemp strain (CW) for CBD oil, and I still worry, probably needlessly. Good advice is to stay covert in case the laws change.
 
muir

muir

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143
the increased plant count is worthless if the doc won't come testify and has well documented the need.
 
420circuit

420circuit

514
93
Both docs who recommended cannabis gave me increased plant counts, but one warned me that my county might not recognize it, so to remain covert with the garden. It appeared that either would testify because they were clear about how much cannabis oil I need to make and take to treat this cancer, about double what I took last year. BTW, it seems to be working, no new tumors since starting the oil and my overall health is actually better. Both mentioned that the state director is an asshole.
 
K

kolah

4,829
263
Thanks all.

It might be a safer option to get 5 patients at 6 plants each, re-new my red card to get another 6 and take the recreation route and get another 6 making that a total of 42 plants.

I 've also done some more reading and searching and it appears you can get more than 5 patients with a waiver request and it appears many people have gotten approved...especially in rural areas and/or for caregivers who grow specifically for CDB strains, hash oil, cancer, etc.

But of course all the state laws in regards to MMJ have zero protection from federal laws. For now I am just testing the waters and seeing if it's a viable option for me. IMO there is still a lot of people needing good quality organic MMJ....at least around my area of Colorado.

@420circuit, good luck with your treatment and stay positive!
 
420circuit

420circuit

514
93
The FAQ is 2010 so there may be some changes, in fact I think it is in a continuous flux, you know with the whole 'we are first so we can change the rules anytime we want' thing going on in Denver. Funny to see a warning in the FAQ thread about the market being saturated and no more room for out of staters back in 2010. There has been a lot of bad news in the rental business with houses being damaged by grows and electrical fires from stupid wiring tricks and of course the butane crap. Hopefully the weed will be set free in my lifetime so all the craziness can be released.

To keep current with what Denver is doing with the rules, a person should subscribe to the newsletters and watch the websites.

And thanks for the well wish kolah, this cannabis oil actually seems to be working for me.:D
 
muir

muir

566
143
Giltucky is limiting total plants on properties (caregiver or not) and initiating a $1000 civil fine for violation. Nederland has similar on the way. I would look for most asshole municipalities to follow suit
 
3G Labs

3G Labs

175
63
I heard caregivers were required to provide service to their patients? you can grow their plants but you also have to show that you provide more than just that, shopping, cooking meals, wiping asses, that sort of thing.?
 
NaturalTherapy

NaturalTherapy

Lighthouse
Supporter
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@kolah Yes caregivers are legally obliged to register their growsite with the state mmed officials. State shares the info with local law enforcement upon request. They say it's to prevent unnecessary raids on legal grows. Caregivers must submit to compliance checks by state officials and law enforcement.

I'm pretty sure caregivers always were obliged in this manner, but so few caregivers registered they're considering abolishing the caregiver program.
 
muir

muir

566
143
it takes a brave person to be a caregiver these days. Wait till they start slapping conspiracy charges on people who fuck up, grower and patients. I would also expect to see more fines for code violations of different sorts as a legal strategy to fuck with caregivers. Then you have the continued pressures being supported by organizations like the Cannabis Chamber of Commerce or various other "industry groups". you are fucking with their money and will spend a bunch on lobbyists and legislation. Outlaw growing will be more persecuted soon and with much more capital resources from the taxes out of the regulated stores. I will never join a group that fights against the patients even if not doing it hurts my own business.
 
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