>>>>>>Colorado Medical Marijuana Laws are changing<<<<<<

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sky high

sky high

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It's a fuckin' DONE deal. no fanfare. no intrusion. He just signed em both.

Let's see who acts quickest....the municipalities/counties on banning the dispensaries....or the pot lawyers who wanna get rich and famous by tossing up stop gap measures to try to stop them from doing so.

place yer bets... (Don't be startled, the hot elfin' bitches are collecting bets today to train for their new careers in the gaming industry in Blackhawk at the casinos, FYI)

http://www.denverpost.com/news/marijuana/ci_15244688

New medical-marijuana regs now law in Colorado

By John Ingold

The Denver Post

Posted: 06/07/2010 11:11:41 AM MDT
Updated: 06/07/2010 11:16:21 AM MDT


Gov. Bill Ritter signed into law today two bills regulating and legitimizing the state's medical-marijuana industry.

"The companion measures I signed today strike a delicate balance between protecting public safety and respecting the will of the voters," Ritter said in a statement.

The bills — which impose complicated licensing requirements on medical-marijuana dispensaries and crack down on unscrupulous doctors indiscriminately handing out marijuana recommendations — were some of the most high-profile measures passed in the legislature this year.

But Ritter signed the bills, House Bill 1284 and Senate Bill 109, this morning without the usual public ceremony such attention-grabbing legislation usually commands. Instead, the bills were signed privately along with a slate of 28 various other bills before Ritter headed out on a bill-signing tour in southwestern Colorado.

Supporters of the bills say they will professionalize the medical-marijuana industry and make it harder for people to abuse the system. But several prominent medical-marijuana advocates say the rules go too far, will drive marijuana dispensaries out of business and will push patients back into the underground marketplace. A team of lawyers has already begun recruiting potential plaintiffs for lawsuits challenging the laws' constitutionality.

A number of law enforcement officials, meanwhile, say the rules don't go far enough. They argue that, by permitting marijuana dispensaries, the legislature overstepped its constitutional authority.

Of the pair, Senate Bill 109, which requires that patients have a "bona fide" relationship with the doctors who recommend marijuana for them, had the less bumpy ride through the legislature.

The new law will require doctors to have completed a full assessment of the patient's medical history, to talk with the patient about the medical condition that has caused them to seek marijuana and to be available for follow-up care. The law also prevents doctors from getting paid by dispensaries to write recommendations.

Supporters hope the measures will eliminate fast food-style medical-marijuana-recommendation operations that critics say have swelled the state's registry with illegitimate patients.

"Senate Bill 109 will help prevent fraud and abuse," Ritter said in his statement today.

House Bill 1284, which creates strict new regulations for medical-marijuana businesses, generated considerably more controversy. The law requires that dispensaries be licensed at both the state and local levels, and it allows local governments — or voters — to ban dispensaries and large-scale marijuana-growing operations in their communities.

Some cities have already moved to do just that. Vail's Town Council voted last week to ban dispensaries, while Greenwood Village officials are currently drafting an ordinance to do the same. Aurora City Council members are preparing a ballot question that would ask voters whether they want dispensaries in the city, and a number of other cities have extended their dispensary moratoriums while they figure out what to do.

The new law will place other requirements on dispensaries, as well. People convicted recently of a felony — or at all of a drug-related felony — will be barred from operating a dispensary. People who have lived in Colorado for fewer than two years cannot open a new dispensary. And all dispensaries must grow at least 70 percent of the marijuana they sell, meaning people currently operating as wholesale growers either have to partner with a dispensary or shut down.

Significantly from a legal standpoint, the law also makes a distinction between dispensaries and "primary caregivers" — small-scale marijuana providers whose work is protected in the state's constitution. In order to qualify for that special protection now, caregivers can serve no more than five patients and grow no more than six plants per patient, in most cases. They must also register with the state.

Dispensaries, the new law says, are not caregivers and don't qualify for their elevated, constitutional protection.

A number of dispensary owners fear that — between the new requirements and the ability of local governments to ban dispensaries — the law may put them out of business.

But Ritter said in his statement today that the law will allow communities to put "sensible and much-needed controls" on dispensaries.

John Ingold: 303-954-1068 or [email protected].
 
A

Angus

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sky high, Thanks for the link. Been studing this pile of red tape for months trying to figure it out.

I'm guessing many towns and municipalities will be shutting things down.
 
true grit

true grit

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Fuck well he didn't veto, that sucks. Now I gotta start saving for licensing... you folks think its been nuts the last year? Wait for the next year, everyone will get on their horses til the law is implemented....

Lawyers will act first, but think it will require a few bans for real action to start taking place....

But hey on a good note, that validates the ability for a doctor recommend to patient as necessary for med. necessity. The amounts can be specified in excess by the doctor I do believe now.
 
altitudefarmer

altitudefarmer

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delicate balance my ass, lol.

Thanks Sky High for posting this thread- I'm pretty sure it'll become the lawsuit update thread here shortly.
In any case, I'll be under the 30-plant limit by the end of the week. However, I'll be "consulting" for some new caregivers and their brand new gardens... :)
 
P

pikes peak 69

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Well shit.

How do we get a copy of the complete new laws? Any one find them yet?

pp69
 
sky high

sky high

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This quote from a random reader at the Denver Post pegs it for me, altitude....

"Somehow the program needs to gain credibility, although I haven't seen any empirical data to suggest that the program is being abused. Nonetheless, the perception is that too many folks who are users have resorted to the medical marijuana umbrella to legitimize their use of the substance -that is, of course, contrary to the intent of the original law. Hence, the new legislation."

perception is EVERYTHING.

:middlefinger Thanks for blowin it up and hastening in these changes, noobs! :middlefinger

s h
 
altitudefarmer

altitudefarmer

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Seriously, the traveling clinic docs are what I believe led to the skewed perception. Who are we to judge the validity of a doctor's opinion as to the medical necessity? We can only judge the doctor's reputation... and there are a few writing recs for anybody with $100... I bet Dr. Pot's golf game is pretty solid at this point...
 
sky high

sky high

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We are where we are...."however" we got here. For me the main point in all of this is that the "powers-that-be" will react (again) if folks don't self-govern and stop looking for all of the loopholes and weak verbiage in "whatever" model of this law we are facing at the moment.

s h
 
altitudefarmer

altitudefarmer

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Agreed. I'm not expecting to control the gardens I'm starting for new caregivers- just hoping the karma will come back around, as it always does. My 30 will be some trees, though. Building to be going up starting this month sometime.
 
true grit

true grit

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We are where we are...."however" we got here. For me the main point in all of this is that the "powers-that-be" will react (again) if folks don't self-govern and stop looking for all of the loopholes and weak verbiage in "whatever" model of this law we are facing at the moment.

s h

Strongly disagreed. Just because its here does not mean its right and does not mean it should be left alone and not picked apart. Like I said before, this is what happens. No avoiding it, expect the next law to get taken to the utmost and abused and until THEY ACTUALLY DO WHAT THE PEOPLE WANT. This bill is not what THE PEOPLE wanted, so fuck yeah, USE EVERY F'N PIECE OF WEAK VERBIAGE.

This comment by this wise ass sums it all up-

"Somehow the program needs to gain credibility, although I haven't seen any empirical data to suggest that the program is being abused. Nonetheless, the perception is that too many folks who are users have resorted to the medical marijuana umbrella to legitimize their use of the substance -that is, of course, contrary to the intent of the original law. Hence, the new legislation."

Case and point for morons who don't know whats going on, can't prove anything is actually wrong, but act out of fear....complete and utter ignorance. Those who act out of fear or perception of fear are ignorant.

Perception may be everything, but sorry that shit doesn't fly in book. Perception is why we live in fear and why I can't call you by your first name or sign off with mine. Thats what perception does.

They can Break out the records and show me the abuse, point out where its being abused and why you're at- fix what you pointed out and move on to the next one, instead re-writing laws to make $$$ under the auspice of "perception of outta control".... They didn't have shit, things weren't what they wanted, but were FAR from out of control and were getting inline.

Where was the most abuse at? Denver. Who acted as fairly and close to correctly to clean it up? Denver. Who blew up the problem in the media- Denver and politicians pointing at Denver but didn't know what the fuck is going on here in Denver. Problems and abuses were getting taken care of just fine, its a system and it WAS falling into place. Yeah, the small towns opened a few dispensaries, pointed to all the abuse and 500 dispensaries in Denver and had the proverbial fuel (in reality fumes) for their fire.

Sorry to rant, but I have NEVER stood idley by and let ignorance play any role in my life and will not let ignorance on the behalf of politicians make me "just sit back down.. and follow suit"....aint gonna happen, this law has its faults and they need to be blown up. This bill is about $$$, nothing else.

End rant :passingjoint:
 
true grit

true grit

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Well shit.

How do we get a copy of the complete new laws? Any one find them yet?

pp69

Just saw this- of course not. Politicians don't want us to know what they shoved through after the hoopla...cmon. LOL.
 
rockymtnbuds

rockymtnbuds

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I don't suppose any of this addresses the MMJ Registry taking 6 f*cking months to process a renewal?
 
Feijao

Feijao

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Does the caregiver 5 patient limit go into effect this July or July 2011?

Feijao
 
sky high

sky high

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:icon_spin: My turn.

What you want isn't linked to our medical laws, bro....which is free reign to grow as much as you want and sell as much as you can without regulation or Gov't intrusion. Only the stoners who refuse to work regular jobs want such a thing!
"Joe Public" is SCARED SHITLESS of yer basements full of dank in their neighborhooods, bro! (and Joe Public knows the game many are playing here and that is why we are seeing new laws)

C'mon. Get real. The voters OK'd each cardholder 6 PLANTS TOTAL. They DEFINITELY didn't say "or heck...you can get an edibles cards/stack regular cards all day and grow hundreds of plants as a tax-free commercial/uninspected/unregulated operation in yer basement....right next door to my family...my kids...etc.

Hey...whatever though. I know how it works and I know that a buncha folks with little to lose and lots to gain will continue to push the limits because they feel they are somehow entitled to play by a different set of rules than everyone else or have expectations that exceed the current realm of reality.

To me, picking into verbiage of these laws and making it what you want it to be is like believing that the speed limit in front of the school is 100 mph because some clown with a can of spray paint added a zero to the 10...

YMMV....

s h




No avoiding it, expect the next law to get taken to the utmost and abused and until THEY ACTUALLY DO WHAT THE PEOPLE WANT. This bill is not what THE PEOPLE wanted, so fuck yeah, USE EVERY F'N PIECE OF WEAK VERBIAGE.
 
true grit

true grit

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:icon_spin: My turn.

What you want isn't linked to our medical laws, bro....which is free reign to grow as much as you want and sell as much as you can without regulation or Gov't intrusion. Only the stoners who refuse to work regular jobs want such a thing!

Hey...whatever though. I know how it works and I know that a buncha folks with little to lose and lots to gain will continue to push the limits because they feel they are somehow entitled to play by a different set of rules than everyone else or have expectations that exceed the current realm of reality.



s h

Lol- thats why you rock bro, we can actually talk bout this and nobodys feelings get hurt...geez like adults on forums- who'da thunk it? lol.

No again, that is not what I want. I suggested licensing for plant limits at different levels at multiple different times. This is somewhat achieved in this bill but with over intrusiveness by a gov. entity that does not know anything about the industry, and did little to no actual research before making decisions. And the bill reflects that.

I don't want free reign to grow as much as I want and sell as much as I want, I want a fucking non-intrusive, legitimate business model, like every other business in the state of Colorado has to follow. I want an industry that has guidelines like every other industry creating a drug, not over taxed, over regulated, HYPE and POLICING!!! I mean SH, lets be real, this is CO and there is no better business model already in place here than Coors brewing and alcohol industry in place. A dispensary is no different than a microbrewery, except the microbrewery is allowed to show the brew process- to everyone. Smokable pot is no different than beer, except that its less dangerous and people have decided to call it "medicine"....

I want a bill that is written legitimately enough WITH the support of the people, so all my tax dollars don't get thrown to the wind LOSING cases in court. I'm sorry that I am fiscally responsible to other aspects in my community, like education of "the kids next door" for example. hehe. I know thats drastic, but thats money on top of money already wasted and more money put to enforcing shit they know nothing about.

And please don't tell me this was a serious statement-

"Only the stoners who refuse to work regular jobs want such a thing!"

Because that couldn't be farther from the truth. This is a legitimate business bro. And to have legitimate business, you need professional people to operate in that business model- and the stoners are the ones that don't cut it and have dispensaries/grows that are failing. And if the government would butt out, market would take its course and stoners would fall to the wayside unless they decided to be legit.

The voters may have ok'd 6- but its not my fault they weren't prepared enough to look at every state before them with higher plant counts that were already getting challenged in court (like I said thats common sense when writing legislation- I have been part of that process)... What do you expect? I mean thats common sense- if every other med state has higher plant counts and is already facing litigation for those counts...yeah lets make ours LOWER and hope it works out. It wouldn't- which is exactly why they put the medical necessity as an affirmative defense part in there- to cover their asses, since they knew it would be challenged. Don't like the fact that there IS a med. necessity and affirmative defense clause in Am.20 that directly contradicts 3/3....then take that up with the lawyers and politicians who put that in there to COVER THEIR ASSES. I have said time and time again, stacking of cards and edible recs are not covered- but Medical necessity is. They put that there for their safety and for the rights of truly sick, cuz who is really gonna challenge it that they would pursue right?

Feel me or no? Medical necessity has every right- if you can PROVE it! Like as you said, folks like Mel should have no issue, but it will be safe to have all of her ducks in a row and I have explained to her how a decent medical necessity can be documented.
 
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canaguy27

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thank you doubleds. unfortunately i will have to destroy the excess:hi

wait until people wake up and stop sending the state the $90 fee. all you need is the rec... we can bring it all down
 
sky high

sky high

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As I said previously, Edibles variances are AOK with me >>IF<< they are truly needed. However, you know as well as I that MOST folks out there are only using these 'variances' to bump planty count (read PROFIT) so they can drive around town dumping pounds at the dispensaries and make serious BANK. You know this is goin on...I know this is goin on...

and sorry to say...maybe it's selfish...but if yer SELLING weed...ANY WEED...you should NOT be allowed an edible card. Period. Excesses above 3/3, if NEEDED, are for personal use....not just a reason to BIU and fuck every other patient who may have a SMALL amount of excess they'd like to turn at the local disp. Problem is...the guy with the "edible" card just left...dropping 5 pounds on the dispensary for a cutthroat price...and now they don't need to buy pot from anyone else.... Yeah....that's really fair.

I guess I'm just gettin old, bro. I have more to lose than the young uns who rent to grow and own nothing in this world...so while I certainly enjoy greowing and selling a bit to help make ends meet...I'm NOT dependent on ganja for food on the table or to set me up for retirement.

And hey.... this is all gonna CHANGE very soon anyway. Pounds will be hard to dump when the new regs come into play and a buncha operating dispensaries are simply closed down. Folks will be clammoring to try to find an outlet for awhile...for sure...and about the time they do the 70% rule will come into play and stop most folks dead in their tracks.

Either way...I liked this entire gig much better when it wasn't a topic on the news everyday and no one really cared WTF we were doing. I don't use or sell to the dispensaries so in my world it makes NO difference whatsoever if they are in existence or not.

FWIW...I could eat 4 of those Fruity Pebbles per day if I chose to do so because "Edibles" don't do much in my system but give me a mild headache....LOL.

yes, pass that joint....

s h
 
sky high

sky high

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Back to more important issues

This bank is not the only bank in colorado refusing to do biz with MMJ dispensaries/etc.
 
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TyKaycha

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....FWIW...I could eat 4 of those Fruity Pebbles per day if I chose to do so because "Edibles" don't do much in my system but give me a mild headache....LOL...

Yeah if I tried that I would be gone for days...:spacecraft:

The last batch of tincture I made - just a teaspoon rocks my world.
 

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