more trash legislation: HB1284

[copobo]

http://www.leg.state.co.us/clics/clics2010a/csl.nsf/fsbillcont/0C6B6577EC6DB1E8872576A80029D7E2?Open&file=1284_01.pdf

what a bunch of crap

[MEDEDCANNABIS]

the"DEPARTMENT"!! LOL sounds like a conspiracy movie. well im half right...conspiracy.

meded so you can mededicate to mededitate

[stuartambient]

no logo or brand advertising in signs , plus no pricing in advertising.

I'm assuming doctor's recommendations would not be acceptable. Hence walk around in pain till we get around to issuing your card.

[canaguy27]

hope there are not any patients within 1000 ft of a school of any kind.

[TheReleafCenter]

The advertising restrictions will actually be quite easy to circumvent. The example of online gambling has come up a lot so far with the people I've talked to.

[Justabloke]

The advertising restrictions will actually be quite easy to circumvent. The example of online gambling has come up a lot so far with the people I've talked to.

Yeah but we shouldn't have to "circumvent" their system because there shouldn't be a their system because they are messing with the Constitution of Colorado. But hey, if they can mess with the Constitution of the US why not a measly lil state. :mad:

Cheers
JB

[Justabloke]

Does anyone know know how likely both SB 109 and HB 1284 are to pass:question:

B

[palerider7777]

Does anyone know know how likely both SB 109 and HB 1284 are to pass:question:

B

yea i'd say 99%.believe it or not alot of patients are for shit like this.for some odd reason they think mmj should be totally free.so the enemy to these people are the shops.what they don't know and understand is that ever time a bill passes it's another victory in the books for the real crooks.

it's odd to me that these same people that think it should be free and shops are the bad guys and evil for charging what they charge are just fine on the tax part of it.so it's ok for the gov to get a cut but if a shop trys to make a living well thats just evil.

but this is why these pricks like romer get away with all the bs he is pulling.to many people are divided.and the rest think it will be ok.these pricks will stop at nothing to get control back.you will see a sea of bills washing in.they won't stop these lil bills are'nt shit compared to what is coming.

we can't wait for research to come out on their end as to weather it is bad or not.yes we all know it is not bad at all.they know this too.these so called groups like norml and such need to get off their asses and start getting the truth out on a much bigger scale.i say we need to do what ever it takes to make/build our own media outlet.we can't wait on pricks like fox,cnn so on to tell the truth for us.stop with all the passive bs all ready it will get us nowhere fast.we need to have our own outlet and not only talk about the facts of mj but to also call fowl on these pricks like romer that has only his and his keepers agenda at heart.

[personified]

Everyone knows when you grow at home it is free.

I mean you don't have to pay your mortgage or rent to have a place to grow it. You don't have to pay your electric bill. You don't have to pay your water bill. You don't have to pay for the nutrients. Of course your time tending the crop is worth nothing.

Let us compare that to the big bad dispensaries that have all those same bills then have to pay taxes, business insurance, man the storefront, come out of pocket to get enough equipment to grow for the masses. Oh yea, let us not forget the BIGGEST PART OF THE RISK IN THIS BUSINESS GOING TO F**KING TO JAIL.

Your right they should just give you the medicine. I mean you would not mind me coming to your house to live for free and eat all your food.

My grandmother says there is no such thing as a free lunch someone has to pay for it. Of course that would not be true for the dispensaries they just take all the risks and deserve nothing.

STUPID

[cornbread]

It's as likely to pass as most of the other legislation proposals that failed :jointsmile:

[CannnaLady]

yea i'd say 99%.believe it or not alot of patients are for shit like this.for some odd reason they think mmj should be totally free.so the enemy to these people are the shops.what they don't know and understand is that ever time a bill passes it's another victory in the books for the real crooks.

it's odd to me that these same people that think it should be free and shops are the bad guys and evil for charging what they charge are just fine on the tax part of it.so it's ok for the gov to get a cut but if a shop trys to make a living well thats just evil.

but this is why these pricks like romer get away with all the bs he is pulling.to many people are divided.and the rest think it will be ok.these pricks will stop at nothing to get control back.you will see a sea of bills washing in.they won't stop these lil bills are'nt shit compared to what is coming.

we can't wait for research to come out on their end as to weather it is bad or not.yes we all know it is not bad at all.they know this too.these so called groups like norml and such need to get off their asses and start getting the truth out on a much bigger scale.i say we need to do what ever it takes to make/build our own media outlet.we can't wait on pricks like fox,cnn so on to tell the truth for us.stop with all the passive bs all ready it will get us nowhere fast.we need to have our own outlet and not only talk about the facts of mj but to also call fowl on these pricks like romer that has only his and his keepers agenda at heart.


i can see the non-profit thing passing (as much as they dissed california and this would make it just like california. and how many non profits pay taxes?)...but as for the rest of that...i'm not quite sure. Romer isn't popular-he tried to pass the 5 patient rule before and pretty much got his ass handed to him both times.

[palerider7777]

i can see the non-profit thing passing (as much as they dissed california and this would make it just like california. and how many non profits pay taxes?)...but as for the rest of that...i'm not quite sure. Romer isn't popular-he tried to pass the 5 patient rule before and pretty much got his ass handed to him both times.

this could be true but they won't stop.it will be attack after attack until they get what they want.

[copobo]

It seems Corry is interested in this section of the Amendment to our Constitution:

Not later than April 30, 2001, the General Assembly shall define such terms and enact such legislation as may be necessary for implementation of this section, as well as determine and enact criminal penalties for...

so is it done? will this all get tossed by the Courts once the legislature is done? The Court has been much more favorable to MMJ than the legislature.

[CannnaLady]

i guess it would really depend on the money factor (as always). The tax money that's generated form this, as well as the real estate and job boost is hard to ignore even for people that aren't part of the Medical Marijuana Scene. If it gets limited to 5 patients per primary caregiver it will shut down dispensaries-and there goes the tax revanue and here comes the biggest black market marijuana scene you've ever seen. If the cities are going through all these licensing and regulation bills-they obviously want the money. I think it won't pass (the 5 patient rule) just for the money factor. The Non-Profit regulation may pass-which isn't too bad, just more of a pain in the ass. As for going before a jury at the state with all those public opinions blah blah blah blah...I really don't seeing this pass...or if it gets close, lawyers are going to go buck crazy on them. I am not too worried.

[GratefulMeds]

It seems Corry is interested in this section of the Amendment to our Constitution:

Not later than April 30, 2001, the General Assembly shall define such terms and enact such legislation as may be necessary for implementation of this section, as well as determine and enact criminal penalties for...

so is it done? will this all get tossed by the Courts once the legislature is done? The Court has been much more favorable to MMJ than the legislature.

This is the golden argument here, they had their chance to make amendments, and did so back in 2001, they cannot have a second bite of the apple.

[MEDEDCANNABIS]

This is the golden argument here, they had their chance to make amendments, and did so back in 2001, they cannot have a second bite of the apple.

and still they persist. anything we want to keep seems to cost more on our side. oh and i almost forgot yeeeaaahhhh , their traitors.

meded so you can mededicate to mededitate

[MMJinColorado]

Many parts of the bill are actually unconstitutional (as in federally), including a bit that is requiring patients to essentially forefit their right to not self-incriminate. It's a real gem of a bill that was clearly written by someone who knows the issues of the MMJ community inside-out and thoroughly researched and vetted the bill in the context of past jurisprudence.........

..............

These idiots will watch this bill get absolutely shredded by an army of lawyers representing patients. The state will spend more in legal fees than it has already swindled into the general fund via the MMJ registry and will decide that it's not worth fighting... That is if this bill (or the other one proposed by Massey) even goes anywhere...

[COzigzag]

You can listen to what's going on right now over the internet. Grateful Meds in Nederland is speaking now.

Colorado General Assembly: Audio (http://www.leg.state.co.us/clics/clics2009a/cslFrontPages.nsf/Audio?OpenForm)

Click on "Old Supreme Court Chambers" in the lower right side of the screen.

[palerider7777]

Many parts of the bill are actually unconstitutional (as in federally), including a bit that is requiring patients to essentially forefit their right to not self-incriminate. It's a real gem of a bill that was clearly written by someone who knows the issues of the MMJ community inside-out and thoroughly researched and vetted the bill in the context of past jurisprudence.........

..............

These idiots will watch this bill get absolutely shredded by an army of lawyers representing patients. The state will spend more in legal fees than it has already swindled into the general fund via the MMJ registry and will decide that it's not worth fighting... That is if this bill (or the other one proposed by Massey) even goes anywhere...


yea i have been thinking about this on the federal lvl.feds keep coming after people, patients mainly.im wondering why they are not going after the contract holders"the state" when the state put it in as law to me that was like a contract.with the state in full control of it so why can/do they bust the comon folks but not the party that is at the top of it? with the state saying it's ok they should be the ones accountable first since they are the ones that said yes go ahead it's ok.

they are more at fault for shops and patients using than the people are.you would think they should be the ones delt with first.just goes to show how it's all about money.but only the peoples money.this point im making right here shows the flaws in the feds thinking.not it's still illegal on a fed lvl.ok then you should be going after the state for going against you not the people.are we not told all the time to follow state law?

[senorx12562]

yea i have been thinking about this on the federal lvl.feds keep coming after people, patients mainly.im wondering why they are not going after the contract holders"the state" when the state put it in as law to me that was like a contract.with the state in full control of it so why can/do they bust the comon folks but not the party that is at the top of it? with the state saying it's ok they should be the ones accountable first since they are the ones that said yes go ahead it's ok.

they are more at fault for shops and patients using than the people are.you would think they should be the ones delt with first.just goes to show how it's all about money.but only the peoples money.this point im making right here shows the flaws in the feds thinking.not it's still illegal on a fed lvl.ok then you should be going after the state for going against you not the people.are we not told all the time to follow state law?
I'm sorry, but your entire post is nonsensical. What contract are you referring to? Are you suggesting that the "state" should go to jail? What does that even mean? How do you prosecute an inanimate entity criminally? All the "state" actually did was provide for the amendment of its constitution by referendum. You must have some hella killer weed. Sorry, "medicine."

[palerider7777]

I'm sorry, but your entire post is nonsensical. What contract are you referring to? Are you suggesting that the "state" should go to jail? What does that even mean? How do you prosecute an inanimate entity criminally? All the "state" actually did was provide for the amendment of its constitution by referendum. You must have some hella killer weed. Sorry, "medicine."

well with them making the laws and allowing it's citizens do something illegally by fed standards....... whats that old saying guilt by association?

it's really not hard to understand if alil brain power is applied?:thumbsup:

i guess in your thinking it's ok if they do it but if anyone else does it then they should go to jail??

[MEDEDCANNABIS]

I'm sorry, but your entire post is nonsensical. What contract are you referring to? Are you suggesting that the "state" should go to jail? What does that even mean? How do you prosecute an inanimate entity criminally? All the "state" actually did was provide for the amendment of its constitution by referendum. You must have some hella killer weed. Sorry, "medicine."


that would be a good start. if nothing else than else than being traitors to their employers...that would be us. i wonder would we have politicians if their wage was capped at $25,000 a year. let them punks work like the common man for a while. think of all that money for our school systems.

meded so you can mededicate to mededitate

[MEDEDCANNABIS]

You apparently think like you punctuate, and the prevalence of people like you in the "movement" makes us all look like idiots. I guess you ditched both English and American Government in high school, eh? The state elected officials you refer to have not passed any laws on this subject as yet. Amendment 20 was passed by referendum ( palerider, that means the voting citizens of the State of Colorado, try to keep up) not by the legislature. So everybody who voted for Amendment 20, line up to the right for the bus to Federal prison. Putz.

thats called entrapment by estoppel there is no wright and rong here its just us and the traitors. how do we fight an 80 year long regime that took on totalitarian power and refuses to give an inch. one sacrifice at a time. a salute to all that have endured for the plight of justice and truth.:thumbsup:

meded so you can mededicate to mededitate

[Vancefish]

Ok, so the people voted in the amendment to the Colorado state constitution.

The state (as in the legislature) did nothing, and was AGAINST the entire thing!

Later (as in a year-ish ago) the state recognized the whole thing. Mainly because Obama (Berry) said he was telling the Fed to leave us alone.

NOW, Our state is attempting to pass unconstitutional "LAWS" (illegal) to essentially make it illegal again!

By forcing dispensaries to go Non profit. They will have to register their illegal (federally) dispensary to become non profit. An federally illegal business CAN NOT qualify for a Federal non profit designation, Therefore ALL dispensaries go out of business.

THIS is the point of that part of this.

The next part is no possession within 1000feet of ANY school. Meaning if you get pulled over on your way home from a buy, and have MMJ on you. First thing they will look at is,... Is there a school near here? Most likely there is!

I refuse to acknowledge the argument at hand. I'll stick with the OP subject.:thumbsup:

[HighPopalorum]

By forcing dispensaries to go Non profit. They will have to register their illegal (federally) dispensary to become non profit. An federally illegal business CAN NOT qualify for a Federal non profit designation, Therefore ALL dispensaries go out of business.

...

I refuse to acknowledge the argument at hand. I'll stick with the OP subject.:thumbsup:

Here's an argument you can acknowledge. The provision you're whinging about was removed from the bill last week.

[HighPopalorum]

Here's a newish article on 1284 by Becca Blond from the Colorado Independent, a publication I've never heard of:



DENVERâ?? A House Judiciary Committee hearing on a bill that seeks to regulate the burgeoning number of Colorado medical marijuana dispensaries Thursday featured strong praise and strong critiques of the proposed law from inside and outside the Old Senate Chamber here. The hearing amounted to a formal exploration of the stateâ??s path-breaking pot industry, where existing law and the intent of voters were weighed in light of frank descriptions of how businesses are actually operating on the ground.

Dispensary owners testified in support of HB 1284, sponsored Rep. Tom Massey, R-Poncha Springs, touting the legitimacy they said would come from regulation. The Attorney Generalâ??s Office testified against the bill, saying dispensaries were illegal. And protesters outside the standing-room only proceedings blasted their opposition through megaphones.

Masseyâ??s bill would more clearly define the term â??caregiver,â?� a central and ambiguous term in the law created by Amendment 20, passed by Colorado voters a decade ago. The legislation has been the more controversial of two medical marijuana bills making their way through the capitol this session. Masseyâ??s bill has been modified multiple times already, even before making it to committee Thursday.

Contrary to initial reports, the bill doesnâ??t shut down medical marijuana dispensaries. In fact, itâ??s supported by a number of the stateâ??s largest storefront pot shops and caregivers. Its main goal, proponents say, is to provide structure for all interested parties and to stop black market distribution of recreational pot.

The entrepreneurs:
Collier Kear, a well-dressed father who owns Boulder dispensary Top Shelf Alternatives, testified that he invested $750,000 into his business, which sits on the third floor of a building just off the Pearl Street Mall directly across the street from the county courthouse. He was motivated, he said, because marijuana is the only medicine his son can safely use to treat his pain.

â??My son had to go to rehab, because he was addicted to Oxycotin and then heroin. After he got out of rehab, he started treating his pain with marijuana. Now he is off [those] drugs and uses four different strains of marijuana to treat his pain.â?�

Kear said regulation was important for dealing not only with the black market issue of illegal marijuana, but also would make sure patients were getting quality product.

â??We have a grow operation associated with our dispensary because we want to be able to control the quantity and quality of the product we provide to our patients,â?� Kear said. â??We want to make sure we have the right stains and the right product and that it is safe. A product that is free of pesticides and free of mold. There are a lot of serious business people sitting back and watching what is going on here. If you give us the right regulations, youâ??ll see an incredible amount of money come into this business and you will see we are serious.â?�

Dispensary owners also spilled their operation secrets to the committee members. Kear said Top Shelf is the primary caregiver for 250 patients but has more than 800 members it serves as temporary caregiver. When asked about the difference between the two, Kerr clarified:

â??We have 250 patients who we the primary caregiver for, and then we have folks who come in and we are their temporary caregiver for that day. We are not their primary caregiver, but if their primary caregiver isnâ??t able to provide them with their medicine, we dispense to them.â?�

Many dispensary owners, growers and medical marijuana advocates echoed Kearâ??s position saying they strongly supported the bill because it would provide security, regulation and legitimacy to the growing industry.

Matt Brown, of the Coloradans for Medical Marijuana Regulation, thanked the legislators for considering the bill, calling it â??an unprecedented effort from our state legislators to recognize our legitimacy.â?�

The officers:
Dispensary owners may be lobbying for HB 1284 bill, but Attorney General John Suthersâ?? office says the bill is flatly unconstitutional. Geoff Blue, who testified on behalf of Suthers, who is out of the state, said his office opposes the bill because it creates a dispensary model that voters did not approve. He also said regulating dispensaries would lead to back door legalization of marijuana and provided bad examples for Coloradoâ??s youth.

â??If the state is going to use a model where dispensaries are used, this should be decided by the voters not legislators,â?� Blue said.

But Rep. Joe Miklosi, D-Denver, who said he was impressed with the professionalism he saw after touring a dispensary last week, was just one of a number of committee members who questioned Suthersâ?? reasoning, saying he understand that the marijuana sold in dispensaries was priced 4.5 times higher than marijuana on the street. The price, he said, would discourage recreational users from abusing the dispensary business.

Committee Chair Rep. Claire Levy, D-Boulder, also grilled Bloom about the A.G.â??s position, asking why a dispensary didnâ??t count as a legitimate caregiver. Bloom said that wasnâ??t the question, really, because dispensaries were illegal under state law in the first place.

â??We need to be shutting down the dispensaries,â?� Blood said. â??In my opinion they are illegal and they could be shut down if law enforcement chose to do so.â?�

Amendment 20 doesnâ??t mention the word dispensary, nor does it stipulate how medical marijuana patients should procure their medicine, except to say that the state shall not be the provider. The amendment defines a caregiver as anyone who has â??significant responsibility for managing the well being of a patient.â?� The law does not require patients to assign a caregiver, nor does it put caps on the number of patients a caregiver can provide for, only the amount of marijuana patients can possess at one time.

The advocate:
Outspoken medical marijuana attorney Robert Corry and a number of other pro-pot groups oppose the bill.

â??It would create an unnecessary state bureaucracy, raise patients costs and restrict their access to medicine,â?� Corry said. â??My clients lives literally depend on their access to this medicine and we will fight any government proposal that would restrict supply and raise costs such as this proposal.â?�

Corry was a featured speaker at the rally opposing the bill. Hosted by the Cannabis Therapy Institute, Mile High NORML, the Colorado 420 Coalition, Rocky Mountain Caregivers Cooperative and the Colorado Coalition for Patients and Caregivers, the protest was held on the west side of the capitol at noon in advance of the hearing. The groups continued their protest for more than five hours, holding forth outside the window below the meeting room.

If passed, HB 1284 would regulate dispensaries by creating a Medical Marijuana Licensing Authority. This board would be responsible for granting, refusing or renewing dispensary licenses after applicants receive local approval. The boardâ??s decision would not be final and dispensary ownerâ??s would be able to appeal their case in court within 30 days of the complaint being issued. The bill would also require the state board to petition the federal Drug Enforcement Agency to re-classify marijuana by Jan 1 2012, changing it from a Schedule I to a Schedule II narcotic, the category that contains medications like Ritalin and Adderall and pain killers like morphine.

The bill places limits on the cultivation of medical marijuana, only allowing registered patients, licensed primary caregivers and licensed medical marijuana centers to cultivate weed. If enacted, the bill will put a year moratorium on new dispensaries and then require them to be licensed through the newly created board before operating. Existing dispensaries â?? referred to as â??medical marijuana centersâ?� in the legislation â?? would have until July 1, 2011, to operate without a license, after which they will have to apply in the same manner as new centers, and only continue to operate if approved.

â??A medical marijuana center may have a total of no more than 3,000 medical marijuana plants and no more than 1,000 ounces of medical marijuana in its inventory at one time.â?�

With 28 grams in one ounce and one gram going for an average of $15, that means a dispensary could have $420,000 worth of weed in its shop at any one time.

The article jives with my own understanding of the bill: good for dispensaries, opposed by law enforcement and by many advocacy groups. A lot will depend on the method of enforcement, and the processes by which further rules and regulations are crafted. For example, there's language in there about the location and equipment used to prepare edibles and other MMJ-infused products. The bill doesn't actually set out specific regulations, but empowers a new regulatory authority to do so in the future: those to-be-decided details are the ones in which the devil resides.

*shrug*

[Vancefish]

The article jives with my own understanding of the bill: good for dispensaries, opposed by law enforcement and by many advocacy groups. A lot will depend on the method of enforcement, and the processes by which further rules and regulations are crafted. For example, there's language in there about the location and equipment used to prepare edibles and other MMJ-infused products. The bill doesn't actually set out specific regulations, but empowers a new regulatory authority to do so in the future: those to-be-decided details are the ones in which the devil resides.

*shrug*

On this post I give you a :thumbsup:.

I'd agree on your assessment of the "to be decided", those are always bad news.

Issue I have is the School zone ban, and the absolutely NO crime history, required for Dispensary owners AND employees. MANY owners and dispensary employees have been in scrapes with the law. Most of those involved MJ possession.

So, if passed. It will become difficult to drive home from the dispensary, while attempting to avoid school zones.

MANY dispensaries will go under due to having previous MJ experience too.

I'm sure the growers and dealers who were never caught would fully support this too. Kill the competition through government action. Isn't that what the guy in Ft. Collins, Colorado did with the moratoriums?

[psychodelic]

I thought this forum was on cannabis? :wtf:

Apparently not. Over 50% of the posts in this thread are about grammar and name-calling. Whatever happened to a civil discussion? It seems people are more concerned with imposing their views on others, instead of a healthy discussion. No need to resort to calling someone an "idiot" or worse.

*Sigh* I wish I still lived in Colorado. I miss the mountains, Chataqua (sp?), the Boulder Creek Path....born in Boulder but forced to move to Michigan at age 15. Hearing Michiganders talk about "the best skiing up north" always made me laugh...wish I could visit Vail again. Sorry for the off-topic, but I figured one more wouldn't hurt the thread :)

[Vancefish]

Apparently not. Over 50% of the posts in this thread are about grammar and name-calling. Whatever happened to a civil discussion? It seems people are more concerned with imposing their views on others, instead of a healthy discussion. No need to resort to calling someone an "idiot" or worse.

*Sigh* I wish I still lived in Colorado. I miss the mountains, Chataqua (sp?), the Boulder Creek Path....born in Boulder but forced to move to Michigan at age 15. Hearing Michiganders talk about "the best skiing up north" always made me laugh...wish I could visit Vail again. Sorry for the off-topic, but I figured one more wouldn't hurt the thread :)

There have to be 3 or 4 posts about HB1284 currently running. This one hadn't been posted in for over two weeks, because it got out of control.

So, thanks for bringing it back to the top. :thumbsup::wtf: Kinda like rekindling that old anger do we?? :D (Psst,.. the others aren't much better either.)

[HighPopalorum]

*Sigh* I wish I still lived in Colorado.

I've only been here ten years but can't imagine living anywhere else. These mountains perform magic for me every time I see them.

[Justabloke]

yea i'd say 99%

Wow so far Pale it's looking more and more like you were right! :(

[Psycho4Bud]

Just had to delete over 25 posts of nothing but piss and moan in this thread. The next time I'll hand out infractions to go along with it.

Have a good one!:thumbsup: