New Caregiver Law

[TyKaycha]

in other words, keep track of your expenditures....seed cost, soil, tubs/buckets, lamps, water, electricity, nutes/fertilizer, equipment, travel expense/delivery, etc and most important: time spent cultivating/labor costs.

 

[Texas Kid]

Time on the internet/thc farmer learning about stuff related to the production of said medicine....lol

Tex

 

[RMCG]

Proper trimming takes time!

 

[RMCG]

Forgot about 'research and development'.

Thanks Tex!

 

[altitudefarmer]

Time on the internet/thc farmer learning about stuff related to the production of said medicine....lol

Tex

yeah buddy! At $1/hr, I'd be getting $6000/lb. LOL

 

[true grit]

Keeping outta this one for the most part lol but as far as sales, dispensaries buying, and private patient sales- think Tex is spot on...not much changin yet. Only for the people trying to do it legit and get inspected....now thats another story. I've been lookin at warehouseing etc, but as im sure Tex knows, you gotta pull a permit and get inspected for absolutely everything and take a cut in price. Working the private market without licensing, taxation, inspection, etc is much better deal right now....

 

[kuz]

yeah buddy! At $1/hr, I'd be getting $6000/lb. LOL

No kidding. Countless hours on this site.

When I first read "cost of cultivation" first thought is, yeah right, how they going to enforce that. Next thought is why is it even there. Because they dont want a caregiver to profit from growing a couple plants in his basement, thats just my interpretation. You tell me, why else is it even written?

If you have a history of making several hundred dollars an hour you are solid, if you havent punched a time clock in ten years its going to be tougher to claim your worth that much.

I'm really not worried about it, but it is the law "cost of cultivation", how far can you stretch it and get away with it, that will take a court to determine.

 

[alpine dank]

Disco, what property reclamation are you talking about? If you are doing something illegal in the fed's eyes (growing what we grow), you can bet your ass that when/if you get busted by the Fed's, ALL of your stuff WILL be confiscated/destroyed. Will it be returned after you have spent every penny you have on attorney's fees? Maybe maybe not.

If you are talking about State level po-po or below, then you fall into the gray area (and the alleged protection of the MMJ program). Again, you will spend every dime you have on attorney's (they who "wrote" the regs to begin with). "They" say that "they" can defend us better with all of the gray areas in the regulations! If anyone out there believes that, I think you deserve whatever you have coming your way. If you wanna be mad Disco, don't be mad at the puppet on a pedestal, be mad at the people screwing everything up to begin with.

 

[sky high]

Creating (OK, in this instance, CHANGING) laws is one thing.

Enforcing them is entirely another. With 200K patients how many gardens (caregiver or otherwise) do you think are up and running in Colorado @ present?

How many LEO are there? More than there are patients/gardens?

LOL. Game on.

End of story.

 

[Texas Kid]

How many times a week do you break the speed limit? would suck if I got a ticket everytime but thats just not how it works..kind of the same thing with a little bigger stakes..lol

Tex

 

[kuz]

Nobody is selling at cost, I get it, wont suck any less if you're the one that gets popped, like you say, a little more at stake. I'm not all that worried, just don’t like it.

The bag of mmj is $5, and the Big Mac I picked up for you will be $300.

"SIGNIFICANT RESPONSIBILITY FOR MANAGING THE WELL-BEING OF A PATIENT";.
That is the angle they are working on. Cant sell above cost, and if all you do is grow and sell you’re illegal. A greedy bunch of dispensary owners tries to monopolize their position, but it was unfounded fear driving the politicians, fear that someone would have the ability to smoke mmj legally that shouldn’t, fear mongering fueled by greed, lawmakers were putty in the hands of greedy business. They had to fix the "crisis" LOL. That’s a bit ironic as a lot of people believe it was greed inspired fear mongering that made weed illegal to begin with.

Providing mmj is a significant responsibility in managing the well-being of a patient. Why does a grower have to be anything more? You also have to be a cook, nurse, driver, yoga instructer, whatever. That’s bs, sell "above cost" and you’re a dealer, unless you’re a Center, then its okay. More bs. Bad for patients, bad for growers, good for dispensaries, I can guess where it came from.

If you do wind up defending yourself its going to come down to what other services you provided, thanks to Clendenin ruling and now reinforced by 1284, not your actual expenses or what your labor value is. Because you are just a dealer unless you sell at cost or open a Center, that’s how I read it.

 

[kuz]

For me, it's the combo of the 5 patient cap AND the removal of the right to sell to other patients and making such sales "illegal" under 1284 that sucks.

I've never been sure if it specifically states patients cant sell to other patients or if any caregiver can sell to any patient. You know just the minor things they should have been working out, but if a Center can sell to anyone with a card i'm thinking so can a caregiver.

I remember an early version that said a patient could only buy from primary or a center, that fortunately was taken out of 1284. Could of been worse, all I can say.

 

[Texas Kid]

I've never been sure if it specifically states patients cant sell to other patients or if any caregiver can sell to any patient. You know just the minor things they should have been working out, but if a Center can sell to anyone with a card i'm thinking so can a caregiver.

I remember an early version that said a patient could only buy from primary or a center, that fortunately was taken out of 1284. Could of been worse, all I can say.

That is an attorney's interpretation and pretty much always was, they represent the ddespensaries so if they can convince the masses that it is illegal to do than they win one for the depsnsaries..

I remember arguing with Edson one time about this very thing and his take is down right funny..in ammendment 20 where there is absolutley no mention of despensaries, the despensary system or anything like that but his take was that ONLY depsensaries were able to legally sell to patients and no one else. So from a law that makes no mention of despensaries the attornies twisted that into their clients being the only ones able to do it legally...

I still see nothing in the law that prohibits patient to patient sales at all....ammendment 20 has had absolutely nothing changed in it at all..It will screw you up if you try and apply all the rules being put on the despensary system to your personal one on one caregiver relationships, two different animals completely.

In reality 1284 didn't change anything in ammendment 20, it only puts the screws to the commercial supply and distribution of the mmj and despensaries...I don't see anythnig in ammendment 20 that gauranteed personal growers the right by law to sell any and all medicine to the commercial despensary system and that seems to be what everyone is most upset about the most.

5 pateints max was always the law, it was just challenged by the attoerneys and that particular case was won, but it was and still is, the law that has been on the books from the beginning.

What rights afforded all of us by Ammendment 20 where taken away or modified by 1284?

Tex

 

[Funkfingers]

My only problem is that 1284 is in direct contradiction, with constitutional law, state and otherwise.. Tex you bring up really good points, but what is law enforcement going to side w/ 1284 or amendment 20?? Nobody really knows the anwser, I suppose we shall see..

 

[Texas Kid]

No one really knows......

Tex

 

[Mr.Sputnik]

what I find interesting is how the city of denver is trying to regulate caregivership. No where in HB1284 or in AM20 is power given to a municipality to regualte caregivership. It's the cali regulation trying to weasle its way into CO. We don't want the municipality caregiver regulation BS that cali has. CO caregivers are protected by AM20 from the BS denver is trying to pull, state trumps municipality. Interested parties are trying to carve up turf (or should I say grass). It's money talking, I'm sure that "feral bitch" was given an offer of some sort. It's rare for a politician to go on a crusade without an overlord.

It's legal for caregivers to sell to an MMC. it's illegal for a MMC to buy MMJ from non MMC's the way I understand HB1284.

If you are a caregiver selling to a patient, how does LEO know that the pateint had not just decided to sign up the caregiver through a verbal agreement 5 seconds ago? If you both say it's OK, where's the case? Just be familiar with whom you sell to, this ain't peanuts you're selling.

 

[sky high]

I've heard other folks say that the law (A20) was >always< 5 patients and no more. Can anyone find that verbiage in Amendment 20?

pp69 could probably clarify because he has been highly (pun intended) active/at most MMJ meetings @ a state level for the last 5 years or more.... but my rememberance/take is that the law never stated specifically "how many" caregiverships one could tske on and >that< is what opened this door in the first place.

I know for a fact that there were folks who were growing for double-digit #'s of patients YEARS before all of this blew up "formally" on July 20th '09 when the cap of 5 the CDPHE >>TRIED<< to impose was shot down.

some of those folks are here on the farm right now....

 

[cemchris]

:party0022:

 

[SoCoMMJ]

It's legal for caregivers to sell to an MMC.

No it is not.
Caregivers can only sell to patients that have them listed as caregiver.

If you are a caregiver selling to a patient, how does LEO know that the pateint had not just decided to sign up the caregiver through a verbal agreement 5 seconds ago?

LEO goes by the number or NOTARIZED Change of Caregiver forms in possession.

Saying somebody is your caregiver does not make them one. Filling out, Notarizing, and Mailing a change of caregiver form does.

The internet is full of bad advice that can land you in jail. You realize that illegal sales are a felony, right?

 

[true grit]

Sky- No patient cap in Am. 20.

Sputnik- yeah no go bro. You gotta be an MMC or Infused Product Vendor to legally sell to Dispensaries/MMCs if you go by HB1284. And as an MMC/Dispensary you can only purchase from licensed infused product vendors or other MMC's with licenses.