Marijuana Tracking Program

[Mr.Sputnik]

Perhaps a mandatory dip in Saturator/Zone solution and a Avid/Floramite dousing.

Sort of like getting deloused on intake.

forbid and eagle 20 should wipe everything out. I think the eagle 20 might do it on it's own. but man, that's some NASTY stuff. it smells like diesel fuel.

 

[true grit]

No offense to anyone worried about big brother as i dont like it either, but i aint hiding shit. If i get the desire to build a warehouse, then yeah sadly i expect these things to keep em off my back. And with an infused product license/option offsite, if all they want is some cameras watching me water and harvest to have that unlimited plant count no harassment then f' it. Depends where you want your business i suppose...hopefully its all found unconstitutional- but if money talks, better get ready to camera-fy your mmc...

 

[Texas Kid]

Already being done, alot of grows are already taggin every plant and trackin the shit out of it from seed to sale....barcodes and scanners are makin it real easy to do..

Any and all of the new rules may ultimately get shot down but as it is now it is the law and just because people talk about unconstitionality of these rules doesn't really mean anything at all...gotta go to court, sue the state, and get the rules changed..thats the only way

All the attorneys have been talkin about test cases and linchpins for a year now, where are they? did anyone sign up yet to be the martyr case in the deal? where are the caregivers suing for additional patients? where are the despensaries suing for looser controls based on the constitutionality of the laws? where are the patients suing for easier access to their meds? where are all the challenges to the laws? who is being proactive? most are waiting for something to happen first and then just defend their position...hopefully

Tex

 

[true grit]

Yep most are in wait- only lawsuit ive heard of is the class action being filed about the unconstitutionality of the residency laws in 1284. Which because of commerce laws, will probably be the first and easiest overturned.

I agree though Tex, its here right now, people are already getting crazy inspections, just part of the biz at this point. If i get a spot the plan would be to be fully legit with nothing to hide anyways, so screw it til they change it....think it will be A LOT easier for warehouses/kitchens that just need cameras, tags, etc...when hand to hand transactions (MMC) are involved its gonna be a lot more scrutinized.

 

[Bud Spleefman]

Maybe one of you guys can explain to me why you would want an Infused Products license when you can't sell the weed? Is just growing as many plants as you can 'NIRVANA'???? I always liked to get paid for my labors..........

 

[true grit]

An infused product vendor can sell infused products/concentrates. The unlimited plant count allows enough to be grown for quantity of hash/oil for edibles and avoids the $18k license for 500 patients. Along with that you go buy your optional license to grow and can vend flowers as well at that point.

 

[Bud Spleefman]

Well I think there are people who think they can get the infused products license and just grow crazy amounts of meds. It just seem absurd to me that people go spend all that money on licensing and inspections and permits and leases and in the end they're just slinging weed like ALWAYS, only now they are doing it UNDER a VIDEO CAMERA in a place where a cop / auditor comes and counts your plants and looks at your books every other week.

May as well have just stayed underground, no permits or licenses required! :cool

 

[SoCoMMJ]

An infused product vendor can sell infused products/concentrates. The unlimited plant count allows enough to be grown for quantity of hash/oil for edibles and avoids the $18k license for 500 patients. Along with that you go buy your optional license to grow and can vend flowers as well at that point.

An edibles grow can not "vend flowers". Only an MMC can do that.

Remember where the law says that the 30% that an MMC can buy has to come from another MMC?

 

[sky high]

Interpretations??

(8) A MEDICAL MARIJUANA-INFUSED PRODUCTS LICENSEE THAT HAS
AN OPTIONAL PREMISES CULTIVATION LICENSE SHALL NOT SELL ANY OF THE
MEDICAL MARIJUANA THAT IT CULTIVATES

 

[SoCoMMJ]

I'm surprised that in addition to a video system with POS intengration, that they still can't seem to be "tracking" enough.

So now we have:
Video System
Point of sale track every freaking gram to patient system
fingerprint tracking system.

Even with all that, do you think that they will provide better protection than a center tracking patient consumption levels ?
Answer: No, it's the government. They can't even fill out a 10 field form to print a red card in 10 months.

 

[true grit]

An edibles grow can not "vend flowers". Only an MMC can do that.

Remember where the law says that the 30% that an MMC can buy has to come from another MMC?

Interpretations??

(8) A MEDICAL MARIJUANA-INFUSED PRODUCTS LICENSEE THAT HAS
AN OPTIONAL PREMISES CULTIVATION LICENSE SHALL NOT SELL ANY OF THE
MEDICAL MARIJUANA THAT IT CULTIVATES

Thats why they put the contracting in and why you do seperate entities. The wholesale infused product vendor can contract with any MMC/offsite they choose(supposedly limit 5, but not clarified if those 5 are by city who approves, county, statewide..etc). At that point the offsite has to be able to provide contractually. The offsite can also sell to MMC's. And the infused licensee does not need to sell flowers, the MMC they work with can, but the infused can sell other concentrate products ie hash/tintures/yada....

 

[kuz]

Thats why they put the contracting in and why you do seperate entities. The wholesale infused product vendor can contract with any MMC/offsite they choose(supposedly limit 5, but not clarified if those 5 are by city who approves, county, statewide..etc). At that point the offsite has to be able to provide contractually. The offsite can also sell to MMC's. And the infused licensee does not need to sell flowers, the MMC they work with can, but the infused can sell other concentrate products ie hash/tintures/yada....

Are you saying the infused license actually can sell flowers through the MMC they are contracted with. Basically sharing off premiss grow?

 

[true grit]

Not really, saying the infused vendor should get an offsite grow seperate of their business and contract through them. Then the mmc can contract with mmcs and sell flowers and the infused vendor can sell edibles and hash. Any offsite license can contract with MMC's or Infused product vendors. Dont see the point in a storefront if you are only interested in the 30% margin or hash sales.

 

[Bud Spleefman]

For some reason I had the impression that each MMC needed to own an offsite grow, which would supply the MMC with the meds. I know there are plenty of warehouse growers that contracted with MMCs, but I thought their contracts made them a subsidiary of that particular MMC. It didn't sound like they were free to go all over town selling their meds........ I though only the MMC had that priviledge?

What does this say:

(3) EVERY PERSON SELLING MEDICAL MARIJUANA AS PROVIDED
14 FORINTHISARTICLE SHALLSELLONLY MEDICAL MARIJUANA GROWN IN ITS
15 MEDICAL MARIJUANA OPTIONAL PREMISES LICENSED PURSUANT TO THIS
16 ARTICLE. THE PROVISIONS OF THIS SUBSECTION (3) SHALL NOT APPLY TO
17 MEDICAL MARIJUANA-INFUSED PRODUCTS.
18 (4) NOTWITHSTANDING THE REQUIREMENTS OF SUBSECTION (3)OF
19 THIS SECTION TO THE CONTRARY, A MEDICAL MARIJUANA LICENSEE MAY
20 PURCHASE NOT MORE THAN THIRTY PERCENT OF ITS TOTAL ON-HAND
21 INVENTORY OFMEDICALMARIJUANA FROMANOTHER LICENSEDMEDICAL
22 MARIJUANACENTER INCOLORADO. AMEDICALMARIJUANACENTERMAY
23 SELLNOMORE THANTHIRTYPERCENTOF ITS TOTALON-HANDINVENTORY
24 TO ANOTHER COLORADO LICENSED MEDICAL MARIJUANA LICENSEE

 

[kuz]

Not really, saying the infused vendor should get an offsite grow seperate of their business and contract through them. Then the mmc can contract with mmcs and sell flowers and the infused vendor can sell edibles and hash. Any offsite license can contract with MMC's or Infused product vendors. Dont see the point in a storefront if you are only interested in the 30% margin or hash sales.

I see, you sound like me, anything to avoid a storefront. But could the MMC make any retail sales without a storefront? Never mind, your saying just sell 30% of the MMC grow as wholesale bud and everything else as edibles, now I think I got it. I wouldnt want mess the MMC license unless I wanted to do retail.

 

[SoCoMMJ]

Here is the problem with your logic.

An OPCL is owned either by an MMC(Medical Marijuana Center) or and IPM(Infused Product Manufacture). It is not a stand alone entity. Plants grown by the OPCL of a IPM must go into an infused product.

(9) "MEDICAL MARIJUANA-INFUSED PRODUCT" MEANS A PRODUCT
INFUSED WITH MEDICAL MARIJUANA THAT IS INTENDED FOR USE OR
CONSUMPTION OTHER THAN BY SMOKING, INCLUDING BUT NOT LIMITED TO
EDIBLE PRODUCTS, OINTMENTS, AND TINCTURES.


This was on page 32:

(8) A MEDICAL MARIJUANA-INFUSED PRODUCTS LICENSEE THAT HAS
AN OPTIONAL PREMISES CULTIVATION LICENSE SHALL NOT SELL ANY OF THE
MEDICAL MARIJUANA THAT IT CULTIVATES.

There is no way in hell that an OPCL associated with an infused product manufacturer can sell flowers.

Well, I guess if they made infused lollipops shaped like flowers they could. :)

 

[true grit]

Bud- All that says is that as an MMC (retail storefront/or grow) you can only do business with other licensed MMC's. This may come get limited by contracts...who knows so far. Then it says you may only sell/purchase 30% of inventory at a time...increase your inventory or sell 30% daily...

Kuz- Yeah bro, see im not one to work a storefront or pay that license yet til i see how it rolls out. And no an optional/offsite grow license lets you do business with MMCs, doesn't allow you to sell retail though unless the retail is licensed storefront by you. Otherwise you can only sell that 30% to the next mmc. And yes technically. But if its 30% of on hand, just start the day high and supply larger customers first so that the 30% on hand trickle down would be enough for the next buyer and do as much business daily as possible. Hash is a very healthy market too, and wouldn't be part of that 30%.

Soco- You don't need either to buy an optional license. Yes it can be a free entity, but to sell you must contract. ie your infused product vendor contract and any other MMC contracts you can work. (ive been looking for this in 1284 but it just has the basic Optional license grow).... cant find anything to back up what im saying other than whats actually going on. Sorry. So who knows if it will stand as is but i do know those licenses are flying around, building getting added, ownership and address changes- etc..and not all are MMC storefronts... I will be talking with teh State monday hopefully, i will try and get some clarification.

 

[SoCoMMJ]

If anybody could just buy up an OPCL, everybody and his brother that wanted to grow would have done that. You can't. You have to have an MMC or IPM BEFORE you can add on the OPCL. Trust me, I've spent hours with people on this crap. Follow along through the sections of the law below that will take you there:


(12) "OPTIONAL PREMISES CULTIVATION OPERATION" MEANS A PERSON LICENSED PURSUANT TO THIS ARTICLE TO OPERATE A BUSINESS AS DESCRIBED IN SECTION 12-43.3-403.

12-43.3-403. Optional premises cultivation license. AN OPTIONAL PREMISES CULTIVATION LICENSE MAY BE ISSUED ONLY TO A PERSON LICENSED PURSUANT TO SECTION 12-43.3-402 (1) OR 12-43.3-404 (1) WHO GROWS AND CULTIVATES MEDICAL MARIJUANA AT AN ADDITIONAL COLORADO LICENSED PREMISES CONTIGUOUS OR NOT CONTIGUOUS WITH THE LICENSED PREMISES OF THE PERSON'S MEDICAL MARIJUANA CENTER LICENSE OR THE PERSON'S MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING LICENSE.

12-43.3-402. Medical marijuana center license. (1) A MEDICAL MARIJUANA CENTER LICENSE SHALL BE ISSUED ONLY TO A PERSON SELLING MEDICAL MARIJUANA PURSUANT TO THE TERMS AND CONDITIONS OF THIS ARTICLE.

12-43.3-404.
Medical marijuana-infused products manufacturing license. (1) A MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING LICENSE MAY BE ISSUED TO A PERSON WHO MANUFACTURES MEDICAL MARIJUANA-INFUSED PRODUCTS, PURSUANT TO THE TERMS AND CONDITIONS OF THIS ARTICLE.

 

[sky high]

This is what really matters, not what 1284 says. (IMO)

FEDERAL Marijuana Penalties

Incarceration Fine

Possession
Any amount (first offense) misdemeanor 1 year $1,000
Any amount (second offense) misdemeanor 15 days MMS* $2,500
Any amount (subsequent offense) misdemeanor or felony 90 days MMS* - 3 years $5,000
*Mandatory minimum sentence.

Sale or Cultivation

Less than 50 kg felony 5 years $250,000
50 to 100 kg felony 20 years $1,000,000
100 to 1,000 kg felony 5 - 40 years $2,000,000
1000 kg or more felony 10 years - life $4,000,000
To a minor felony double penalty double penalty
Within 1,000 feet of a school, or other specified areas felony double penalty double penalty
Gift of small amount see Possession

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia sale felony 3 years none

Possession of marijuana is punishable by up to one year in jail and a minimum fine of $1,000 for a first conviction.

For a second conviction, the penalties increase to a 15-day mandatory minimum sentence with a maximum of two years in prison and a fine of up to $2,500.

Subsequent convictions carry a 90-day mandatory minimum sentence and a maximum of up to three years in prison and a fine of up to $5,000.

Distribution of a small amount of marijuana, for no remuneration, is treated as possession.

Manufacture or distribution of less than 50 kilograms of marijuana is punishable by up to five years in prison and a fine of up to $250,000.

For 50 kilograms or more the penalty increases to a possible 20 years in prison and a fine of up to $1,000,000.

Manufacture or distribution of 100 kilograms or more carries a penalty of 5 - 40 years in prison and a fine of up to $2,000,000.

For 1000 kilograms or more, the penalty increases to 10 years - life in prison and a fine of up to $4,000,000.

Distribution of greater than 5 grams of marijuana to a minor under the age of 21 doubles the possible penalties.

Distribution within 1,000 feet of a school, playground, public housing or within 100 feet of a youth center, public pool or video arcade also doubles the possible penalties.

The sale of paraphernalia is punishable by up to three years in prison.

The sentence of death can be carried out on a defendant who has been found guilty of manufacturing, importing or distributing a controlled substance if the act was committed as part of a continuing criminal enterprise – but only if the defendant is (1) the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders, and (2) the quantity of the controlled substance is 60,000 kilograms or more of a mixture or substance containing a detectable amount of marijuana, or 60,000 or more marijuana plants, or the if the enterprise received more than $20 million in gross receipts during any 12-month period of its existence.

Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

 

[true grit]

Like I said, there's quite a difference in what's Actually goin on, semi approved and what the law says. Money talks.