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

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Dorje

Dorje

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!
Why couldn't it come from your own legal 5x5?
 
Tripsick

Tripsick

Or bigger if your Medical.. 215 compliant and they would have 0 reason to search you and weigh your pot since it will be LEGAL to have it.

Maybe soon Colorado and others will have a chance to legalize marijuana for recreation use.. The wall will come down soon enough and it started with Medical use in Cali..

Here is a nice little FYI.
* “if you are a medical marijuana patient under 21, you will simply be prohibited from using medical cannabis altogether”

Complete LIE. Prop 19 controls PERSONAL use of marijuana, not MEDICAL. Anyone below the age of 21 could still get a Prop 215 recommendation.

* “If you provide medical cannabis to someone between the ages of 18-20, you will be facing up to 7 months in prison.”

Partial LIE. If you provide cannabis to an 18-20-year-old who does not have a Prop 215 recommendation, you will face possible jail time… just like you would if you provided alcohol to someone aged 18-20 and they ended up harming someone.

* “If you provide medical cannabis to a patient under the age of 18, you’re looking at up to 7 years in prison and monetary fines.”

MISREADING. If someone under 18 has a Prop 215 rec, you face no time. But if you pass personal cannabis to someone under 18… that is what the current law is NOW. Prop 19 is not adding the penalty for under 18; that penalty is already the law NOW. You misunderstood that in initiative language, if you are amending a statute, the existing statute is listed in plain type and the additions are listed in boldface (or sometimes underlined) type.

* “it will be illegal (and punished) to consume marijuana anywhere but in the privacy of your own home”

Complete LIE. Medical rights are unchanged by Prop 19, which is carefully constructed to only affect PERSONAL, not MEDICAL, use of cannabis. You won’t be able to smoke PERSONAL pot in public… except at the places where cities grant a license for that activity (i.e., after Prop 19, there could be Amsterdam-style coffeehouses).

* “if there happens to be a minor in that home during the time you’re medicating, that is a punishable infringement as well”

Complete LIE. Medical rights are unchanged by Prop 19, which is carefully constructed to only affect PERSONAL, not MEDICAL, use of cannabis. If your opposition is based on your wish to smoke personal pot in front of little kids, I don’t know what to say to you.

* “renters will be required to seek the permission of their landlord in order to grow plants that they are currently allowed by law to grow with a prescription.”

Complete LIE. Medical rights are unchanged by Prop 19, which is carefully constructed to only affect PERSONAL, not MEDICAL, use of cannabis. Your indoor medical garden is unaffected by Prop 19.

* “How many other “legal” acts do you have to get your landlord’s permission to partake in?”

- owning a pet
- installing a waterbed
- installing a hot tub
- installing track lighting
- planting an outdoor garden
- installing the mounting bracket for a flat screen TV
- anything else that might be considered a high-voltage or big mess risk, like a personal indoor marijuana garden

* “only a small group of big-time grow operations in Oakland (the people who wrote Prop. 19) will be allowed to grow and sell their cannabis.”

UNTRUE. Prop 19 gives every one of California’s 478 incorporated cities the right to decide if and how they wish to regulate their commercial (not MEDICAL) sales and cultivation. If you want to be able to grow and sell commercially, start lobbying your local representatives. Just because Oakland has four $211,000-licensed mega-grows doesn’t mean that your city has to do what Oakland did.

* “Under the Obama administration, the Federal Government has reigned in the D.E.A. in regards to state approved medical marijuana legislation.”

MISLEADING. The DEA raids have continued under Obama; he’s just not bragging about them or issuing press releases. Ask Jovan Jackson how much the Holder Memo and Prop 215 have protected him.

If you want to severely hamstring the feds ability to go after patients, you’ll vote YES on PROP 19. It contains law that forbids any state and local law enforcement from seizing, attempting to seize, or even threatening to seize, lawfully produced marijuana or cooperating with feds who are trying to seize marijuana. The feds don’t have the manpower to go after what exists under Prop 215 now without local support; they’ll never have enough manpower to go after the cannabusiness explosion following Prop 19.

* “individuals participating in any sort of marijuana related transaction (growing, selling, purchasing) would be heavily taxed by the state”

WRONG. Prop 19 contains no power of state taxation. All taxation and regulation powers reside in the localities. So if City A overtaxes pot, City B is going to offer lower taxes to compete for marijuana business. Plus, you have a lot more power to influence your city council than you do the state assembly.

* “having to file marijuana-related California regulatory paperwork confessing, in writing, to multiple federal crimes that carry their own heavy fines and punishment.”

IRRELEVANT, since that’s what you have to do now to operate a dispensary collective in California today under Prop 215.

* “Prop. 19 will allow individuals to grow small amounts of marijuana on their properties if the proposed plot meets an extremely rigid and prohibitive set of guidelines”

INCORRECT. The guidelines are:

- 25 total square feet of space (not “5′ x 5′” as is popularly reported, though that would work. It could be 1′ x 25′. Could be 31 five-gallon buckets (12″ diameter, pi r squared, you do the math.)

- one garden per parcel (not per person – you and roommates will have to share)

- landlord’s permission (after all, it is your landlord’s property)

* “then levy a sizable (huge!) tax on every square foot of gardening space.”

UNCLEAR. While Rancho Cordova is proposing at $600/sqft tax on personal grows, it remains to be seen whether this can survive constitutional scrutiny. A government can’t tax away your rights – that was tried in 1937 with the Marihuana Tax Act and Dr. Timothy Leary sued the feds and won on the principle that you can’t be forced to incriminate yourself in order to obey a law. Poll taxes were also found to be unconstitutional because you can’t deprive someone of their right to vote just because they are poor.

However, even if a locality overtaxes personal grows, you still have the option of getting a Prop 215 rec and growing your marijuana untaxed.

* “if passed would be virtually impossible to amend or overturn.”

FALSE. Prop 19, unlike other California initiatives, has wording in it that allows state and local governments to amend and modify to the law in order to better serve its purposes. The state can set up a statewide regulatory framework if it chooses, can allow for industrial hemp, and increase (but never decrease) the limits of the law

Plus, passing Prop 19 in no way prevents anyone from proposing another marijuana initiative in 2012 or any other election year.

REMEMBER: If you vote against Prop 19, you are voting with Steve Cooley, Bonnie Dumanis, the California Narcotics Officers Association, and everyone else who ever hated Prop 215 and wanted to see it shut down. Ask yourself – if Prop 19 destroys Prop 215 like this blog assumes it would, why wouldn’t those people be for it?

In a month, you can vote to become the first Western Democracy to vote to LEGALIZE MARIJUANA. Not “tolerate” like they do in Amsterdam, not “decriminalize” like they do in Portugal. In California, it shall be LAWFUL to possess a personal ounce and to grow a personal garden.

Under Prop 215, marijuana is still UNLAWFUL; you just have an exception to prosecution. But when something is LAWFUL, it is no longer probable cause for investigation.

- Your neighbor complains about pot smell? So what, it’s LAWFUL. No more visits by the po-po while you get your doctor’s note to explain.

- You’re driving down the road with an ounce in your pocket and you see a cop’s flashing lights behind you. So what, it’s LAWFUL. No more freaking out that he’s gonna find your stash.

- Those stems and pot seeds the cop sees on your car seat when he pulls you over? So what, it’s LAWFUL. No more ransacking your car to find the rest of the stash.

- Suppose you’ve actually got two ounces on you during the traffic stop. While you’re breaking the law if you don’t have a Prop 215 recommendation (whereby you could carry a half pound or more), how does the cop know? The sight or smell of marijuana is no longer probable cause to search you, so unless you give permission, how’s he gonna know? One ounce smells just like two ounces. Even if he does find it, Prop 19 gives you an affirmative defense in court that the two ounces was your personal stash.

- You just bought a bunch of HPS bulbs and Blackjack potting soil. So what, it’s LAWFUL. No more using those purchases to build a case against you as a big time weed dealer.

- You’re applying for a job and the boss asks for a pre-employment drug screen. So what, the metabolites of pot in your urine are the result of LAWFUL activity and Prop 19 forbids him from discriminating against you for that (now, if you test positive for something else, that’s a problem still…)

- Cops visit your house because you called 911 about a prowler, and you’re no longer afraid to call them because the pot plant growing in your closet is LAWFUL.

- While the cops are at your house they see your twenty pounds of marijuana. So what, it’s LAWFUL. Prop 19 allows you to have the results of any harvest at your grow site – not just an ounce, the results of ANY AND ALL HARVESTS.
 
sky high

sky high

Prop 19 doesn't offer every "individual' the right to grow a 5 x 5 space.

My guess is that if you claim it did come from YOUR grow you'll be asked (taken?) to prove you OWN the house and it is truly YOUR grow, (and there's only a 5 x 5 space and not multiple gardens for each person/etc.) or that you RENT your place and you have written permission in hand from your landlord giving you permission to grow in (his) your home.

Either way, it isn't wide open legalization and there seems to be A LOT of trip ups that can fuck ya over in the fine print. If EVERYONE had the right to grow it would be different, but IMO, this just leaves things in such a grey area that they can actually find reason to fuck with you MORE.

time will tell, huh?

s h
 
S

SoCoMMJ

Nope, re-read it.
Here's the link to the bill that the Governor signed. He signed to decriminalize possession under an ounce. A ticket just like CO. It says nothing about cultivation.
http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1401-1450/sb_1449_bill_20100405_amended_sen_v98.html


Prop 19 is the one on the November ballot that removes possession fines under an ounce and allows for minimal cultivation. Yeah, prop 19 is a bit screwy, but it's a step kind of forward and kind of back.
 
Mr.Sputnik

Mr.Sputnik

Isn't this CO? We have better MMJ state protection than cali. It's in our constitution so municipalities can't jerk our MMJ laws around like cali.

Marijuana is already decrim in denver for over 21 under 1 oz, the first city to do so. we've had that for 4-5 years now. Who's following suit?
 
Texas Kid

Texas Kid

Some guy with a light
Couple unique scenarios to think about right now....lets say you are a grower(not key employee,no state app.) that teamed up with a despensary, growing under thier unberella so to speak, and then their state application is denied, what now? Some growers brought equipment, warehouses, and genetics as part of their equity contribution and if the application is denied, your just a guy with bigass warehouse grow and no legal grounds to have it anymore.

From what I understand, they are denying applications left and right, 30-35% for IRS reasons alone..the denial list is growing and I don't really see any of them goin anywhere, so get ready for a showdown real soon and they start to audit locations and liscences. With every despensary denial, any and all associated offsite grow ops loose their liscence as well...no despensary liscence, no grow liscence and if your despensary app is denied, all of your applications will be denied from your enfused products to your offsite cultivation liscences.

So if you think about it, there where something like 1100 or so total applications and most of those had a offsite cultivation application filed at the same time as well file for infused products liscence(most despensaries have all three). Now if one is denied it effectivly denies all three applications at once.. So right now there may only be 700 or so actual liscenced operations at all in the states including the grow ops but with o enforcement yet, it is just cruisin along..SNAFU

Really, until this time next year, no one that has anything to do with the industry at all can bank on anything being the way its goin to be goin forward. Don't spend alot of money on perminant locations yet, could be insanely expensive and ulimately a waste of time, save your money for the attorney..

Tex
 
true grit

true grit

Tripstick- yeah if some of those rationalizations make you feel better, go ahead and see how they hold up situationally when cops have more power to harass with 19 behind them. We'll see if that doesnt end up as its expected- more harassment and arrests over petty possession than there are now. All over what? So Richard Lee and Oaksterdam can take over Cali then push that model out- its dumb proposition. Its done by greedy people wanting more money and control over a market they can't control that makes billions. Thats all. Explain to me how things aren't working fine with current laws in Ca? And how this new decrim won't help? They won't even have time to evaluate the new rates of arrest, prosecution, and money saved with decrim before they vote on a more invasive legalization for profiteering. You do realize Cali has turned down repeated inititatives to promote things positive to the state when it comes to drug abuse like lets say - rehab programs...this is about money, not making it better for Californians. If it was about making it better, then they would have adapted one of the other 2 legalization bills/platforms that were better for the people- oh thats right they weren't by richard Lee and didn't have personal mildos stacking sigs for it.



Here's the link to the bill that the Governor signed. He signed to decriminalize possession under an ounce. A ticket just like CO. It says nothing about cultivation.
http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1401-1450/sb_1449_bill_20100405_amended_sen_v98.html


Prop 19 is the one on the November ballot that removes possession fines under an ounce and allows for minimal cultivation. Yeah, prop 19 is a bit screwy, but it's a step kind of forward and kind of back.
I wasn't referring to cultivation. I was referring to them decrim'ing 1oz. then trying to legalize the same 1oz, but if you get caught out of the guidelines of Prop19, you get harsher penalties than the decrim. Fuck cultivation laws with prop19- are people kidding? Does anyone know how EASY it is to get a card in Cali? Thought it was easy in CO- lol. And now they have no plant limits and doctors have even more rights. So again, why take any step back for any reason? Things are moving forward just fine.

People need to get through their heads that taking a step back or giving up any kind of rights, just for a supposed step up (which its not) is not freedom or being progressive. Period. Legalization can be achieved with out capital incentive being involved. Look at any country other than the goddamn USA, thats made the change for the right reasons- to lessen crime, enforcement and abuse...not like use legalizing for fucking $$$.

Folks realize in a lot of the "drug trafficking" S.American countries they have realize the problem is our consumption and decrim'd/legalized personal possession of almost ALL drugs? And that no government agency, corporation or small business is profiteering? And consumption goes down? And so do arrests and penal system costs? And no one loses rights in the process hmm.....
 
true grit

true grit

Couple unique scenarios to think about right now....lets say you are a grower(not key employee,no state app.) that teamed up with a despensary, growing under thier unberella so to speak, and then their state application is denied, what now? Some growers brought equipment, warehouses, and genetics as part of their equity contribution and if the application is denied, your just a guy with bigass warehouse grow and no legal grounds to have it anymore.

From what I understand, they are denying applications left and right, 30-35% for IRS reasons alone..the denial list is growing and I don't really see any of them goin anywhere, so get ready for a showdown real soon and they start to audit locations and liscences. With every despensary denial, any and all associated offsite grow ops loose their liscence as well...no despensary liscence, no grow liscence and if your despensary app is denied, all of your applications will be denied from your enfused products to your offsite cultivation liscences.

So if you think about it, there where something like 1100 or so total applications and most of those had a offsite cultivation application filed at the same time as well file for infused products liscence(most despensaries have all three). Now if one is denied it effectivly denies all three applications at once.. So right now there may only be 700 or so actual liscenced operations at all in the states including the grow ops but with o enforcement yet, it is just cruisin along..SNAFU

Really, until this time next year, no one that has anything to do with the industry at all can bank on anything being the way its goin to be goin forward. Don't spend alot of money on perminant locations yet, could be insanely expensive and ulimately a waste of time, save your money for the attorney..

Tex
So have you heard of any of the big guns getting cases ready post denial? Are they letting em know asap? Only folks i know with offsites, got the OK.

Makes sense on the tier if the top gets popped, the shit runs down hill. How will this affect their "ability" to purchase with everything up in the air? Im waiting for there to be few legal spots, demand higher, "legal" supply low, and push for a more realistic purchasing option.

Nice heads up though, and if its that much of a SNAFU, then caregivers should hopefully get some breathing room while shit gets figured out in the big scene...
 
Mr.Sputnik

Mr.Sputnik

Ouch.


I think I would have made sure that $$ was SQUEAKY clean prior to filling out an app.
I can't tell you how much dirty money is out there in the disp system but if they're denying 30-35% of apps then that figure sounds about right to me. quite a few disp are fly by night opperations that got to hang around for a minute.

I know there's at least one by sloans lake that will get denied. They borrowed money from asian mafia.
 
Texas Kid

Texas Kid

Some guy with a light
Only denials have been notified, as of yet no one is approved, that I know of, they call you down there individually and grill ya for a bit but when ya leave ya know one way or another whether your in the club.

IMO caregivers have nothing to worry about for awhile if ever, to many big players with money and stuff to take out there, those are the ones that go first.

Tex
 
true grit

true grit

Yeah only approvals i heard were for offsite premises, so who knows they may be fucked if there MMC didn't get the go ahead... and oh yeah, if thats the case they will be cleaning up this system for some time to come with the big players now. Im sure the big players will pay to fight and stay as long as they can...
 
sky high

sky high

We are WELL beyond that >idealistic< point, bio. The State is working for itself. (in conjunction with the "Centers").

Sad to say, the thrust some say was a push of Freedom (dispensaries, open sales/etc) is actually the nucleus for the public opinion that is closing all of this down left and right.

hang on tight, folks. The ride has just begun.

s h
 
B

bionicelectroni

Hi Sky! Will the Patient Collective model work? I have my max of patients, but I assist with Cancer patients, and have a waiting list now!! AHHH!
 
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