BOLD 1st response to TG
Regular = Response from TG
Italics = 2nd response to TG
FYI - I think this reply format is very confusing, and I prefer not to do this type of format again.
If you have any questions about the Campaign to Regulate Marijuana like Alcohol, please ask me them, but limit it to 2 or 3 questions at a time. Thanks.
~James
SensiCO - Actually the initiative provides extra protection in addition to A20 because it permits a person to possess all the marijuana he can grow on his six plants. Thus, it fixes the harvest problem where a patient finds himself with more than two ounces because he is too good of a grower. In addition, patient with red cards will be able to grow double the amount of plants ( 6 under Amendment 20 and 6 under our initiative, for a grand total of 12).
True Grit - That is nice to be safely allowed 12, but lets be realisitic, that is not going to be probable for most growers. Not every grower grows the same way, and not every grower should be required to, to simply fit a theoretical guideline. A guy with a 4x4 with 16 plants is in violation regardless of how much he can produce- even if its under 2oz. Once again you have now created another criminal. MMC's are allowed thousands of plants by state law, why not work to provide protection under the Federal minimum and eliminate all gray area?
SensiCO - Our initiative will also permit independent growers, thus if you obtain a license you can grow unlimited amounts of marijuana not linked to any patient count that you could then sell to any retail establishment. The 6 plant limit is just for individuals who neither want to obtain a license nor sell marijuana to anyone. In addition, there is no felony restrictions in our initiative, so individuals with felonies will be able to obtain a growers license. Also, there is restrictions on the state passing to many or prohibitive regulations.
SensiCO -We are not creating a “new class of criminals” this class already exists. Private sales/trade happens every day. All we are doing is making it legal for EVERY adult to possess limited amounts of marijuana – not changing any other laws or making any new crimes.
True Grit - Yes, and as soon as you state that the legal medicine is only legal with in your domicile- there will be people carrying, selling, and trading outside of that....which means there will be enforcement. If you think this doesn't create a new criminal then you are being naive. I would not attempt it currently in fear of harassment, why would you think when everyone can do it, there wouldn't be extra concern for enforcement? Whether it wants to be admitted or not, once everyone can grow access to minors will be even more readily available... that will be a point of legislators and LEO and they will do what they can to enforce.
SensiCO - You are right there might be enforcement for those who sell marijuana to children or grow more than is allowed without a license. What's the problem with that? They should follow the law. Technically though, no new crimes will be created. All our initiative does is say that you cannot be prosecuted for growing 6 plants and having one ounce - no matter what. It also provides a license system for independent growers and retail stores. In addition, if any licensed business breaks the law - they only face civil fines not criminal penalties like current MMC's face now.
SensiCo - It’s actually true – you can possess forever however much you can continuously grow on six plants.
True Grit- And the reality is that we would be 1 of 50 states with legal access. This means that LEO/legislators will be expecting trafficking across state lines due to this. Really doubt they will allow people to legally keep multiple pounds with no harassment because of that fear. Just thinking logically here.
SensiCO - The legislator wont have a choice because possessing unlimited amounts will be protected in our constitution. However, you do raise an interesting point about what other states will do.
SensiCO - Right now, only patients can possess marijuana which is one of the reasons they are harassed because law enforcement believes they are the people to blame for illegal marijuana in our society. Once every adult can possess marijuana, law enforcement’s hand will be tied. They won’t be able to question a patient’s status because everyone can possess it. Patient won’t be this discriminated group of people for using marijuana because everyone will be able to use it. In addition, patient will also have two laws that protect them for LEO – not just one.
True Grit - Again and idealistic goal here. Legal adults will be harassed due to what I stated above- we will be the only legal state and there will be fear of trafficking to non-legal states with the surge of "legal" pot. They can't prove patients are to blame currently for all the outside sales, trafficking, black market, etc but as you stated we are blamed- and thats only around what 250k people? What do you think the concern will be once its statewide?
SensiCO - You are pessimistic in the exact opposite manner I am optimistic. However, it is worth pointing out that our law enforcement's hands will be tied, so they will not be able to do enforcement against any one following the limits in our initiative. Also, it is worth noting that California and Missouri (Possibly Oregon and Washington too) are also running legalization initiatives in 2012. So hopefully, we won't be the only state will legal recreational marijuana at that time.
SensiCO - We passed the lowest priority measure in Denver, and the cops did not listen to us.
True Grit - That was in Denver and under an ounce, not for cultivation or private sales. Big difference. Statewide if you drop penalities for cultivation would be much more effective. And if the first wasn't effective to remove harassment- do you think a statewide legal measure would be? Our constitutional rights are not even being protected as medical patients. I'm assuming this would be a legalization measure/bill? Or would it be solidified constitutionally? Again lets make the criminal not worth the chase. When its wastes judges time, that trickles down. I've been part of some very influential lobbying groups where the reality is district court judges acknowledge drug crimes being a waste, and if penalties are reduced they let LEO know what they think, and should do. otherwise they state what the LEO should do, but still exact current penalties.
SensiCO - That's why are initiatives is a constitutional amendment. Law enforcement will give up on marijuana crimes because they will never be able to obtain a conviction in court. Furthermore, patients and caregivers will be protected by two constitutional amendments.
SensiCO - We have been and we are. In the past, we have sued the state, testified in front of the board of health, petitioned to add new debilitating conditions. In fact, we have asked the CDPHE to lower the fee hundreds of times. Thankfully, right now they have plans to lower the fee to $35.
True Grit - Again thanks for you efforts, I don't always know what legal actions are being taken or more what "successes" have been made as it still seems an uphill battle even for patients.
SensiCO - It's definitely an uphill battle. REMOVED Sentences here since they were "confidential"(SensiCO. In addition, if you know of any patients or caregivers who are sympathetic and charged criminally for something that was protected under A20, please have them contact Josh @ Sensible Colorado because he is interested in fighting in court for patients and caregivers who are charged criminally for clearly following the law.
SensiCO - We are trying too. Every day I am on the phone with patients who have faced systemic discrimination in the work place, with their landlords, in court, and in child custody battles. We are planning on running a bill this upcoming legislative session to protect patients from employment discrimination. Also, we should be a launching a new patient PR campaign over the next month to help sway public opinion that patients should not be systemically discriminated against.
True Grit - That is awesome, would be outstanding to have workplace protection as patients.
SensiCO - Trying to get a bill together this legislative session.
SensiCO - You don’t have to register in our state to have protections under Amendment 20. How would you suggest amending the laws?
True Grit - I hear mixed things on this. I believe as you say, but many who have had visits or would like to get jobs in the MMC have stated they need redcards.
SensiCO - Patients have an affirmative defense from criminal prosecution with only a doctor's recommendation. However, they have immunity from arrest with a red card. In addition, only patients with a red card or an application for a red card can go in to MMC because MMC have nothing to do with A20.
True Grit - Currently the best platform I have seen is what Nevada was proposing. Not sure where it sits, but basically stated that-
a. Registries are not being kept confidential which is a danger to patients- to fix this patients will only be required a medical recommendation from their doctor
b. The recommendation and plant count is determinable by the doctor and as long as under Fed minimum, is protected by state law even without registering with the state.
c. Unlimited caregivering with reimbursement for services. And services only need to be growing of medical cannabis. Do believe you have to stay under Fed minimum regardless of patient count though.
d. protection of doctors who write valid recs to patients.
Think theres more, but can't think of it off the head. Not sure where this is sitting during this session for them though.
SensiCO - I have not seen the Nevada Law, but we have to remember that if our initiative passes and its not good enough - we can always lobby the legislature or pass another initiative.
SensiCO - Every day I work for patients. I honestly believe that the best way for patients who have PTSD, bipolar, depression, narcolepsy to be able to use the medicine they need is to legalize marijuana for the masses. In addition, I do believe that once it is legalized, patients will no longer face systemic discrimination because they will not be the only class of people using marijuana.
That would be nice, is PTSD being recognized currently for military? I know VA is allowing meds for patients in med states. Bipolar does need to be addressed though, as being bipolar my psych did suggest MMJ to me instead of anti-depressants and anti-psychotics causing adverse reactions to manic issues.
SensiCO - PTSD is not currently being recognized. The CDPHE denied our petition. However, some vets who have ptsd can get a red card for side effects of ptsd including chronic pain or nausea.
SensiCO - declare personal cultivation a matter of statewide concern – thus it will be impossible for locals to regulate or zone it. In fact, all the regulations (like in Denver) regarding a limitation on plants numbers would likely be voided after our initiative.
True Grit - Frankly like i said, it would only take one incident to cause a public backlash and at least some form of enforcement. Its inevitable. To assume things would just continue on unchecked, is just not realistic if there are no other concerns with the rest of the laws.
SensiCO - There might be a backlash issue if we legalize marijuana for all adults. However, we should address that when it comes. The only way we can get to a back lash is if we pass our initiative. A lot of issues I would have put in a dream initiative we did not include do in part because of a possibility of a back lash. e.g. smoking in public, growing unlimited amounts, selling marijuana without a license etc.