Caregivers...Get Ready to Register Your Grow Site and Pass Inspection!

[Unit541]

Since patients are basically naming the MMC as their cargiver, do they have to perform the same duties and help in the same way that caregivers are being required to?

Tex

Wow, that is a really good point. Anyone a "member" at an MMC and want to demand they send someone to wipe your ass while on the way to pick up your groceries?

 

[Mr.Sputnik]

If MMC's are not caregivers and do not have to abide by the CDPHE or AM20 rules then they are not legal. Dispensaries are operating illegally so a few politicians and their cronies can make a few bucks at the expense of the CO MMJ program. This was mentioned in a letter by the FED.

"The Department would consider civil actions and criminal prosecution regarding those who set up marijuana growing facilities and dispensaries, as well as property owners, as they will be acting in violation of federal law."

 

[redearth]

In an effort to comply with all state and LOCAL law and ordinance, and in anticipation of new registration process happening in July, I applied in my local municipality for Primary Caregiver Business License. Basically a home business license. The big stipulation of getting license is a HOME INSPECTION. After 2 months of not hearing a word, I finally got a knock on door from building inspector and his boss, suit and all Wednesday morning. I was prepared for worst and had contingency plan in place in anticipation of the numerous building code violations that would go along with turning my basement into an 8000 watt- 600 sq. foot indoor garden. The inspection lasted about half hour. The result of inspection was 2 violations for not pulling permits for electric work and not having my temporary walls, which support panda film, floated. The 240 circuits and sub panel I had installed without permit were all to code, thank god so I was told I would not have to tear down. It could of been a nightmare had work NOT BEEN TO CODE. The 8 1000 watt lights were my biggest concern as they are hung from joists in unfinished basement with no sheet rock(fire rated) above. Just bare joists and floor above. After close inspection of heat( inspector felt all power cords, tops of air cooled lights and was impressed) he said that was fine. Also I cannot mention enough how big an impression my 4 fire/smoke alarms, carbon monoxide detector , 2 fire extinguishers and locked doors to room made upon the inspector. THEY DID NOT ASK ONCE TO SEE MMJ LICENSE, PATIENT RECORDS, they didn't count plants, they didn't look out back in vegetable garden or in any other room of the house, and they did not inquire about children or other living arrangements. I was pleasantly surprised at the result of whole ordeal. In regards to violations- I have 2 weeks to pull permit for electric work already done(all about the $) and float the temp. walls.
I posted this because of extreme lack of info on caregiver inspections and the fear associated with. Maybe this will ease some minds a little. These guys were in my home to check for safety issues and not harass or intimidate in any way, shape or form. They actually seemed as scared as I was! I also know that these folks were in a good mood on a sunny day. An inspector in a bad mood with a closed mind could ruin your day.
The biggest issues with these folks seemed to be PERMITS for work done, ventilation in and out, and electric. Hope this helps. Peace.

 

[iscrog4food]

Great to know about the inspectors but I am not worried about the code inspection nearly as much as I am about my info being available to the feds. They may not be talking about busting caregivers now but If they had all the addresses how hard would it be? That being said I think I likely have a code violation or 2 lingering around. How much was the application for the business liscense?

 

[redearth]

$20 for PCG business license application. If the feds wanted to know(if they dont already) whom the states 16,000 Caregivers are and lived, they would. Registering your grow with DOR in July is not going to invalidate privacy and HEPA laws regarding Amendment 20. Info only becomes public record when CG requests and is approved for MORE THAN 5 PATIENTS OR 30 PLANTS according to HB 1043. I really feel the feds have bigger fish to fry here in Colorado(big out of state money, warehouses, non compliant MMCs, tax BS, , etc). Lets hope for the best.

 

[Texas Kid]

The first thing it does invalidate is your right to privacy, HEPA, and AM20..how do you see it any other way?

I mean you have already had two local Joe building inspectors in your "confidential" grow, now they have told everybody in their household and all there friends, they probably had a beer and a laugh about it. All your information has been sent to local police and fire, you have a marijuana liscence/home business tax liscence, and the only way to get a mmj card is to have a qualifiying medical condition so everyone knows your medical issues.

So with a sweep of the pen and 800 pound gorilla o fear they took away all your rights a got ya right in line for compliance but really the only right you retain is the right to actually grow the plant and you already had that one.

I also heard that if your take the MMC out of the equation there are less than 2000 actual mutiple patient caregivers statewide to contend with.

Tex

 

[RMCG]

Redearth, thanks for posting that up. Sounds no different than if you were putting an addition on your house.

So this CG 'biz' license now allows you to be a mini-MMC, with more than 5 patients.

Are you prepared to follow the CDHPE regs that just passed? or does this exempt you from those new regs?

 

[chickenman]

So if you wish to caregive for 5 or less you must go thru all this nonsense?

 

[chickenman]

So what if patients live together in one residence? Why not have patients addresses the same as where caregiver lives. They live htere part time,or full time... A friend has 5 patients living together and is growing lots of plants, how would theyknow who lives where if all have address with caregiver?

 

[GhostFace]

:rasta:

 

[chickenman]

Sooo thinking again, danger. ill have my farmhand change address to ours, get him red card, get wife red card, have 1 of my patients change address to ours, 3 patients plus self 24 plants, can live with that. Also what about outdoor grow? No electric inspection needed, zoning issues , permits what a bunch of bullcrap to put up with, the more complicated it gets is what they want seems

 

[redearth]

I made the right decision for myself, my patients and most importantly my family, who do not want to see me behind bars. This is a personal decision that I made to comply with locals after carefully weighing all circumstances and medical privacy violations. I am not saying ALL caregivers should do this, but I should and did. I have more red flags than most(high plant count, adjudicated but dismissed felonys)Compliance means FULL compliance Tex. You cant just pick and choose which issues to comply with. And you know what??? I just did more in last few sentences to negate my privacy than I ever did opening up my home for inspection. And Im not AFRAID!!!!! What are you gonna do when they knock at your door? Are you gonna tell them "No, you cant come in because I didnt register my grow and therefor my right to privacy will not allow you to know I am a CG" ??? Once the majority of CGs register with DOR in July, they will back check CDPHE records and see who is listed as CG, who registered and who did not. Dont be naive and think you are off their radar because you have not complied. That is a ridicules and dangerous attitude to have. Dont renew redcard if that is route you plan to take.
Regarding all patients in one home Chickenman-local regs say if they are family members that you CG for living in residence-NO, you dont need a PCG biz license. If they are family not in same home you reside in-yes-you need a PCG license. If you and patient are not related, regardless of place of residence-you need a license.

"Medical-marijuana advocates fear the added responsibilities will severely trim the number of primary caregivers, which state officials said today stands at 16,000." -John Ingold -The Denver Post 06/15/2011
That is not MMC's they are referring to Tex. Not sure where you get the 2,000 figure from.
RMCG-no the biz license does not supersede any state regulations regarding more than 5 patients. I cannot be a mini-mmc. I still can only grow for self and patients.What it really does is GIVES ME PEACE OF MIND THAT THE LOCALS ARE NOT TO CONCERNED WITH PLANT COUNT OR SQUARE FOOTAGE OF MY GROW, I HAVE CITIES OK TO GROW KINDBUD=)and practice my spirituality of sacred marijuana openly without fear, MY GROW IS SAFE AND UP TO CODE, MY NEIGHBORS CANT NARC ME OUT, AND I ACTUALLY FEEL A LITTLE SAFER KNOWING THAT THE PD AND FD CAN PROPERLY ALLOCATE RESOURCES IF TROUBLE SHOULD ARISE. My level of fear and paranoia have greatly diminished. The head of building inspections for my city gave me tips as to how to help my ventilation issue in garden, how to properly, and to code, use extension cords to help run my lights, and how to float my temp walls in basement. Im blown away by openness and help from city. I can also have a produce stand and sell my veggies from stand in my front yard and at farmers markets because I have a biz and tax license w/ city. Wonderful.
And let me tell you-its all worth it for letting the world know I have G.U.R.D. and letting my local officials have a good laugh over beers about hippy dude with giant dope plants they just visited.
p.s. -no outdoor in my city unless in greenhouse.

 

[redearth]

Here is info on the business licence for PCGs.
Medical Marijuana Primary Caregivers
Who Must License
Anyone producing, offering selling or growing medical-marijuana as a primary caregiver for someone other than themself or a family member living in their household must obtain the city Primary Caregiver License as established in Division 3, section 11-320 of the Medical Marijuana Ordinance 1479 (MEDMO). Colorado law limits primary caregivers to five patients. Currently, the state has not implemented a primary caregiver licensing program; please leave that section blank on the application.

Primary caregivers must apply for the City license beginning April 1, 2011.

Where A Primary Caregiver May Locate
A primary caregiver may operate from their home, subject to the home occupation rules. If leased or rented, the certificate of property permission included in the licensing package must be completed and notarized.

After further consideration and review, the Community Development Director ruled that because there is currently no listing or special activity allowance in the City zoning table for primary caregiver activities in commercial or industrial locations they will not be permitted to locate in them. The zoning table may be changed only by ordinance of the City Council. Concerns and comments should be directed to Community Development.

Fees
There is no additional fee for the primary caregiver license, but the business/tax license fee will apply to primary caregivers of anyone who is not a household family member because providing primary care is a business activity. The business/tax license fee is $20 per calendar year.

The Primary Caregiver Licensing Package is now available.

About MEDMO
The City Council passed the Medical Marijuana Ordinance (MEDMO), on March 14, 2011 by a unanimous vote of the six members present. Ordinance 1479 became effective on April 1, 2011. The ordinance may be viewed at the Laserfiche Weblink and once codified also on Municode.

Division 3, beginning with code section 11-320 applies to primary caregivers.

Questions? Answers!
Q: Do I need a City license to provide medical marijuana primary care to a related household member?
A: No. The requirement applies only to caregivers providing care for non-family-members and non-resident family members.

Q: Do I need a City license to provide medical marijuana primary care to relatives who don't live with me?
A: Yes.

Q: What does the license cost?
A: The fee is only the business licensing fee of $20 per year.

Q: Do I need to render fingerprints and a photo for a primary caregiver license?
A: Not at this time, although it is possible it may be mandated in the future if it's reasonably determined necessary to protect public health, safety and welfare.

Q: Are medical marijuana products taxable?
A: Yes; if delivery is made of product of any kind such as pure herb, smoking or vaporization, oils, food items or so forth, they're taxable. The tax must be added to the price of the medicine. If the nature of the sale is one where the medicine is a small part of a service (think of a painter and paint), the tax is paid by the caregiver based on the value of the medicine.

Q: What is the tax rate?
A: The City tax rate is 3%.

Q: How often must tax be paid to the City?
A: Yearly. Primary caregivers, with their limited scope of five patients are deemed to fall within the allowance for yearly filing.

Q: That seems complicated, how can I do that?
A: The Tax Division offers personalized assistance to all. Simply call, email or visit us. The Tax & Licensing web page also provides comprehensive information 24 hours a day. Be sure to check out the information about online filing, a convenient and easy way to file City tax. Tax classes are also available.

Q: Is Primary Caregiver location information public?
A: No. If the City Clerk's office receives an open records request regarding primary caregivers the name and address of primary caregiver licensees must be removed from any information provided. This is per HB11-1043 that was recently signed into law.

Q: Is my patients' information public?
A: Under Colorado Department of Health and Environment rules such information is private. Patient COMMJ registration numbers may lawfully be requested by the Police Department.

Q: May I operate from a commercial or industrial location?
A: No, although it is currently not prohibited by State or City law the Community Development Director has ruled that since primary caregiver activities are not listed in the City's current commercial/industrial zoning table, they are not permitted in commercial or industrial locations.

Q: May more than one primary caregiver be located in residential complex/building?
A: Yes. There are currently no limits imposed by State or City law on the number of primary caregivers who may locate in separate units of a building.

Q: May primary caregivers operate as a co-op or share space?
A: No. Such is currently prohibited by State law.

 

[RMCG]

I mean the regs where you must now shop for, cook for, drive around, your patients.

 

[redearth]

I have gotten signed and notarized letters from all 5 patients stating that they are aware that I am available for MORE than just MMJ and consultation regarding MMJ. I am available at all time within reason to facilitate transportation to and from medical appointments and emergencies, help with shopping and light housekeeping and have also asked that they included suggestions as to how I can help them and their condition besides MMJ.Will they ever call needing that help? Not a whole bunch. But even if they did, AS JUST A FRIEND I WOULD HELP ANYWAYS. No skin off my back. We are all on same page as to what will be expected if I am in trouble with law regarding Primary Caregiver/patient relationship. I plan to comply with new regulations. Does not seem too difficult to me. The biggest issue I had with new DOR registration was location of grow. I have already taken that step now locally so its not an issue with me anymore.

 

[SLO Grown]

Is this good for Medical MJ?

 

[Texas Kid]

I'm not a caregiver so I don't really have a dog in the fight anymore....but what I did the last time I had all the guys with guns came to my house, I let them in, show them my grows, show them my card, and explain what it is I do...no harm no foul, they are lookin for aggregious violations is what they told me

I don't carry any patients at all anymore and my paperwork supports what I do and then some so I do not worry at all. I can play by the state rules without lettin everybody in my small town in my business....not knockin you and your decesion, for sure a personal one but for me I decided to drop all my patients and reley on my personal plant counts for my grow.

I let my edible(MIP) application go as well due to all the silliness still in motion with the state seems to never stop, maybe when it settles down I might look at being a caregiver again if I think I need the plant numbers or something.

16,000 caregivers? that would mean that 1 in 5 or so patients is a caregiver? maybe, but that seems high, especially with almost 700 despensaries statewide and even small markets despensaries seem to have 50-100 registered patients and some bigger ones are postin up a 1000 plus patients so with only 124,000 total active patients that seems high IMO. I also think the slow speed in which they process change of caregiver request adds to the confusion, you could actully change caregivers or drop a caregiver three times before they process your first request, i wonder how many change of caregiver request are currently in limbo with the state?

Tex

 

[redearth]

Is this good for Medical MJ?

Its good for me and my patients regarding OUR MMJ use. This is a personal decision. I personally feel the more state regulation I comply with-the safer I am regarding fed law. There feels like a few more firewalls around myself now. My head is in a much better place also and this allows me to put that energy back into the plants where it belongs. Thats really what is most important here. Changing the consciousness of people in the dark regarding freedom and MMJ. And that takes people stepping out of the shadows and saying "Im not afraid anymore!" I did just that in my compliance with locals and state.I believe in what I'm doing with my entire heart, mind and soul and feel very fortunate to be able to grow one plant , much less 36 trees in my basement. If I have some redtape and hoops to jump thru in order to achieve my dream , I will. Fair enough.

 

[redearth]

I agree Tex. No knock taken. You seem like very intelligent guy and I regard your opinions expressed here with high regard. Number does seem high. Im sure it will drop come July.

 

[iscrog4food]

I have a few questions.

1) So what is the deal with edibles recs? Are they still valid under the new laws?

2) RedEarth: Do you own your home or did the landlord sign off to say that it was ok to grow mmj? I noticed in the law that it mentioned something of the like. Did the licensing authorities ask for any information about who owns your home? I also noticed language that says they could prosecute the owner of the property if there is illegal mmj going on. It sounds like it could end up being like the new marijuana tax stamp.

3) I agree that the more regulations you comply with the safer you are under the law. That being said I also feel that if a man believes a law to be unjust, It is his right/duty to break said law. I am glad that you "are not afraid anymore" but I fear those can be famous last words in this biz

4) On your comment of I am happy to grow 1 plant I cannot say I agree. How many heads of lettuce am I allowed to grow? How many aloe plants? How about morning glory?

5) I appreciate the info you are providing very much as I think we should all know the laws at the very least. Thank you for having the courage to jump in the pool without having someone test the water for you.

6) Do you have a Lawyer? If so could you PM me contact info? I tried contacting Lauren Davis a few times to no avail. I am sure she is swamped with the new regulations coming about.


Also I hope your feeling better TEX. You should chime in on the thread your girl started in the smokers lounge if you get a minute.