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New Caregiver Law

  • Thread starter Thread starter Disco Duck
  • Start date Start date Sep 24, 2010
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New Caregiver Law

Disco Duck Sep 24, 2010 161 Replies 18,435 Views
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sky high

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#121
I've seen lotsa folks here say "Don't let em in".....but if yer shit is in order yer gonna have less "fun" if you cooperate. let 'em in, and act your part well (through the mini-acid-trip yer having on the spot).

When they came here I was lucky and had a 10 min warning. Trays of clones under bushes in the backyard and about 3/4 lb of meds tossed into the old kiddie fort....

fortunately I had the paperwork right by the door when I got the knock. It was the first thing they saw when the door opened....kinda like the flashbacks I've had from a coupla incidents in my past when the first thing I saw after pullin back the curtain was the warrant against the front door glass and a shotgun backin it up.....

stay safe.... s h
 
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Texas Kid

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#122
sky high said:
through the mini-acid-trip yer having on the spot
Click to expand...

NO SHIT

Tex
 
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Texas Kid

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#123
Refusal would not have been pretty, they looked like they could get real serious real quick..

Tex
 
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GreenThumbBill

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#124
sky high said:
I've seen lotsa folks here say "Don't let em in".....but if yer shit is in order yer gonna have less "fun" if you cooperate. let 'em in, and act your part well (through the mini-acid-trip yer having on the spot).

When they came here I was lucky and had a 10 min warning. Trays of clones under bushes in the backyard and about 3/4 lb of meds tossed into the old kiddie fort....

fortunately I had the paperwork right by the door when I got the knock. It was the first thing they saw when the door opened....kinda like the flashbacks I've had from a coupla incidents in my past when the first thing I saw after pullin back the curtain was the warrant against the front door glass and a shotgun backin it up.....

stay safe.... s h
Click to expand...
What if your shit is in order, but you're relying on edibles licenses/higher plant counts? Not all cops are savvy to the new guidelines under 1284 and could potentially cause major problems if you grant them access during a knock and talk. My lawyer recommends I don't even acknowledge unexpected knocks unless I clearly hear them state they are the police and have a warrant. If they break the door down or I let them in with a warrant, all I am advised to say is, "My name is______, I'm an MMJ caregiver and here is all my paperwork (grant access to binder), My lawyer's name and number is _______, and I don't consent to any further conversation without him here, can I please call him?"

It's a scary proposition I hope I never have to face. 4 years without incidence so far. But from what I read online when I come to these forums, it seems like the cops are freaking busy in Colorado. I don't know anybody personally who has been raided though. Do you know how you got on their radar?

What mistakes are people making to get that knock?
 
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Mr.Sputnik

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#125
If you've got a warrant, I guess you had better come in...

Keep it on the DL and roll your joints BEFORE you start drinking...

My advice? Don't be a fuckup, but fuckups still happen to the best of us..
 
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Mr.Sputnik

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#126
canaguy27 said:
unfortunately, you cannot have a ccw and have a red card or purchase a new gun from a store without committing perjury.
Click to expand...

eeeuuupppssssss.... :confused0059:
 
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mendel

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#127
I still havent had my yearly shake down by the po yet. Maybe they figured out that its a waste of time..........

Kind of gets your pulse up doesnt it TK. I always stand in the driveway and wave at them when they are driving off. They love that.......
 
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Texas Kid

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#128
There is a huge difference in the way it goes down if you let them in and all. It is one thing to show them your grow, it is another all together to have them ransack your house with a warrant in hand..Im not saying, Im just sayin. The last thing you want is police with a warrant goin through your house, they typically find way more than you want them to at that point.

They where good with the edible recommendations on my paperwork(I have a few patients with them) even though I do not grow near the numbers allowed it was still good but that is the one thing that had my situation kick up to the DA for review.

To me the difference between cooperating with all your paperwork in order and making them go get a warrant is, if they go through the effort to go get a warrant, your goin to jail...period...for something, who knows what, but your goin for a ride.

Tex
 
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mendel

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#129
They always bring a warrant when they come here. The ole 'we smelled it and couldnt tell if it was meth or weed'. I have yet to have them ransack my house however.

I did have a junior pig standing in my front yard pointing guns at everyone though. Sky is right, keep yer paperwork by the front door, it kind of deflates their egos when they have said paperwork shoved in their faces.
 
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sky high

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#130
Yup.

While I respect others opinions, 'til yer on the spot and faced with the situation you just dunno WTF yer gonna do or WTF is gonna happen. It's that millesecond reaction/instant sizing up of the situation that can't be recreated....ESPECIALLY in an attorney's office.
In the end, unless your attorney is standin next to you when it all goes down yer gonna be grabbin for the Vaseline one way or another.

Holdin em off at the door isn't gonna help yer situation. In my case they were on the phone with the judge or DA when they knocked...and my guess is that the warrant wasn't too far away...certainly not enough to say "You fuckstix hang out on the front porch while I go get my shit in line". And once you PISS 'EM OFF and show that little of respect...they are gonna tear yer fuckin' playhouse DOWN when they DO make it in...and they WILL come in.

If yer growing under "edible variances" I think it's just gonna be the luck of the draw as to WHICH po-po show @ yer door. (Like Tk saw) In the end, "edibles" variances don't mean shit unless yer in court and if you are growing under such a "variance" you do so at your own risk and ya gotta weigh that risk against everything else. The law SAYS 3/3.....anyhting above that is a definite risk.

some kinda fun!

s h
 
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altitudefarmer

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#131
It's sad to live in fear, in "the land of the free". The founding fathers would shit themselves to see what we've come to. This crap is what I pictured happening in the USSR when was growing up. Yet the American sheeple are just continuing to hand over civil liberties in the name of "freedom". I think I might join Stephen Colbert in the march on the capital to "Keep the Fear Alive"...
 
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Texas Kid

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#132
Never ever under any circumstance disrespect the officers...respect goes a million miles in the process.

Milli-seconds is right, you shift gears so fast once the door is opened it almost hurts.

Tex
 
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sky high

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#133
After about 1/2 hour I told the officers I was having a "surreal" moment and they'd have to forgive me 'cus about 40 YEARS of de-programming was happening right before their eyes!

Glad it worked out OK, TK. Makes me stop and think a bit...as should others.

Is yer shit in order, folks?

s h
 
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RMCG

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#134
sky high said:
After about 1/2 hour I told the officers I was having a "surreal" moment and they'd have to forgive me 'cus about 40 YEARS of de-programming was happening right before their eyes!
Click to expand...

:mmm
 
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GreenThumbBill

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#135
The original amendment says 3/3. There is a revision in 1284 that specifically addresses, and allows for, higher plant counts. The cops should respect it, but since many experienced caregivers aren't even aware of the new guidelines making higher plant counts legit (without having to go to court and argue medical necessity), how can I be sure cops are aware? I can't.

I would have a hard time going against the advice of my lawyer. It might be the road less traveled, but I think I might just respectfully flex my constitutional rights If I get a knock. I do have several spy cameras with sound that I could place in a matter of seconds to hold LEO responsible for their actions while in my home. I have no guns, large amounts of cash, drugs or kids to give them ammunition. We shouldn't have to prove we aren't breaking any laws. It just doesn't seem right. If LEO had to pay huge financial penalties each time they harassed a caregiver they might stop. Letting them in and pretending to be civil won't change anything in the long run. Plus, I'm really bad at faking nice to people who I have contempt for. Cops can usually read my disgust for authority like a book despite my best efforts to be respectful and courteous.

Again, I really hope this is all just talk and I never have to cross this bridge. I spend a lot of money on odor control and treat my grow as if it were 100% illegal and do NO business where I grow. Hopefully it's enough. Stay safe everyone.
 
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GreenThumbBill

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#136
sky high said:
Is yer shit in order, folks?

s h
Click to expand...
Apparently that's a question that can only be answered by LEO after one relinquishes their constitutional rights.
 
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Texas Kid

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#137
1284 doesn't exist to local law enforcement,that is exactly what they told me, all they are there to do is check plant counts against your allowed state recommendation which, if your off, could initiate a criminal investigation. They do not know the 1284 laws, they are not breifed on it or anything, 1284 is a state level revenue department statute and has nothing to do with criminal law enforcement. the same things that help me here are the same things that are in the original law 3/3 and 2oz already have in it, nothing in 1284 came into play and belive me, they knew nothing about the meat of it other than say, "what is your max plants allowed now, we don't know?". really, if you think about it, nothing in 1284 has anything at all to do with local law enforcement. It has been setup as a completely seperate government entitity that is self governed and policed, agents are being hired as we speak, but only the state DOR officers and employees have anything at all to do all with people playing the 1284 game. Plant counts and limiting caregiverships are about all the municipalities are dealing with and those are all goin to be under the zoning rules, that is where local police are goin to be hot and heavy on. I do not even think and actual city police officer can go into a despensary or other state licensed facility and do anything at all anymore, it is all under the wings of the department of revenue, it has to go through them.

Patient to patient sales...they said we don't know, that is real grey area but we did bust a med patient for sellin a large amount of mmj to an undercover, that was the only case he could think of.

Tex
 
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Mr.Sputnik

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#138
Tex, Do you think municipalities zoning caregivers out of existance is legit? I thought 1284 gave municipalities the right to zone MMC's not zone caregivers. Am I wrong about that?
 
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sky high

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#139
I read 1284 last night and it only states that the muni's/etc. can opt out or ban DISPENSARIES.....and it very plainly sets in motion the fact that a caregiver is NOT a dispensary.

Unfortunately these clowns have no real understanding of these laws, and like everyone else involved, seem to be picking out the PEICES they want to hear and acting on those desires rather than what the law really says.

I'm gonna do some reading on "class action" suits but if anyone here has ever been a party to such an action or has specific knowledge how such a tool works, please speak up.

this is damn close to home....and I know EC is chomping/prepping to pass something similar (12 plant limit per household).

Anybody have any ideas on how to fight these clowns?


Eagle targets marijuana caregivers
Town tries to keep caregivers out of residential neighborhoods
Vail, CO

October, 8 2010 9:37 pm

EAGLE, Colorado — Eagle has waded into Colorado's medical marijuana debate in a couple of contentious rules.

In separate split votes, the town has decided to allow medical marijuana dispensaries in specific areas and nixed a plan from one such operation to expand to include a growing operation. Now the town is looking at regulations for medical marijuana caregivers in residential areas.

According to Eagle Town Attorney Ed Sands, the new state medical marijuana legislation does not address local regulation of caregivers. He notes that while the law does stipulate that primary caregivers must have a “meaningful relationship” with their patients, that expands beyond simply providing them with cannabis. Additionally, caregivers can have no more than five patients at any one time.

The central issue for Eagle is how to regulate caregiver operations, and specifically how to direct them out of residential neighborhoods.

“We are concerned that growing a large number of marijuana plants in homes in residential areas creates dangers of fire, mold, mildew, burglary and more,” said Sands.

Sands noted that the town must use caution in wording its regulations, particularly because the ballot issue that voters approved to legalize medical marijuana — Amendment 20 — provides a constitutional right for caregivers to cultivate.

But town board members were adamant that while they recognized that caregivers have been granted constitutional rights to grow medical marijuana, they did not believe that residential neighborhoods were the appropriate place to practice that right.

“If you are going to be a caregiver, be a caregiver where the town says it's appropriate, not in residential areas,” said town board member Scott Turnipseed last week. “I just don't think we are being unreasonable to try to limit the number of plants in a household.”

But as they discussed the issue further, town board members noted the particulars become more clouded. For instance, if a husband was acting as a caregiver to grow medical marijuana for his sick wife, should the town force them to take that activity to an industrial district? Instead, the town opted to outline some basic criteria for medical marijuana caregivers:

• A maximum of two medical marijuana cardholders per household can cultivate at a single residence. Additionally, cardholders would be limited to cultivating a maximum of six plants each for a total of 12 plants per residence.

• Caregivers who are cultivating marijuana for patients who do not live in the same residence must locate growing operations in areas the town has designated for medical marijuana dispensaries.

With these basic provisions in mind, Sands said he will draft regulations for the town board to formally consider. The provisions will be the subject of future, advertised public hearings.
 
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Texas Kid

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#140
Zoning restrictions and and out right ban are two different things, so that is probably how the municipalities are goin to skirt that one..

I see them adopting a single patient(12 plant) or no patients(6 plant) with in a residential area, creating or excepting light industrial/industrial zoned areas for grows/plant husbandry up the the 36 plant max with municple permits to go along with it(5 patients and under require no state peritting), I see a seperate tax code created to tax the sales of those entities sales to their 5 patients. Probably a grand or something for the city permit every year and total code compliance as well as patient count compliance.

There are some tricky ways to split up a big space also and still be in compliance even if there are a few of you under one roof.

Tex
 
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Replies 161
Views 18,435
Started Sep 24, 2010
Latest post Oct 22, 2010
Starter Disco Duck
Forum Medical Club

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