At 35 days - can I buy meds now?

[5280and420]

Yesterday was my 35-day anniversary from when the state rcvd my application, confirmed by certified mail (and of course I kept copies of everything I sent).

Can I now purchase meds at Denver area dispensaries?

I'm totally new to this stuff, (MMJ only to hopefully replace prescription narcotics).

[showstopper]

You could of bought meds the day your doctor wrote the recommendation.

[dmngzckynd]

yea bro, you could shop the same day you get your referrral from the doctor

[5280and420]

My doctor told me I had to wait 35 days before a dispensary would sell medication to me. Thanks.

[copobo]

go into a dispensary and check it out. if one turns you down, try another. you are legal the minute the dr. recommends cannabis.

[ThaiBuddhaMan]

My doctor told me I had to wait 35 days before a dispensary would sell medication to me. Thanks.

That's odd. If the doctor's recommend is legit, than there's no reason for the DOH to reject the app (as long as it was filled out correctly).

So it's true, you could of been purchasing your meds from a dispensary already. Just bring in a copy of your app, rec and mailing receipt to a dispensary and you should be good to go. I can recommend most that actively post here.

[5280and420]

Thanks - I went out today and bought my first meds. A surreal experience to say the least!

[cornbread]

I waited 4 minutes but only because the light was red...

[INCOGNITOsmoker]

It's only certain cities that require the 35 day period. I tried to buy from Cannamart in Littleton the other day but the Littleton city law is that you must wait 35 days after receiving mmj card. So i just went to Cannamart in Denver and was all good.

[SoCoMMJ]

The way i understand it is that as you are waiting the 35 days for a card, you are granted an affirmative defense. That means you may get a possession ticket, but survive a court experience with your doctor rec. Provided you can prove your condition warrants the doctor's rec.

Once you receive your card, or the 35 days has elapsed and you have not yet received your card, then you are granted an EXCEPTION to the Marijuana laws as granted by the constitution. An exception means that you will [should] not even be ticketed or arrested if you have over an ounce.

Most shops will sell to you before the 35 days, but there is some exposure there based on the severity of your qualifying condition.

Note the statement below regarding the proof of mailing. If you don't have proof of mailing you don't get the benefit of approval after 35 days....



(d) Except for patients applying pursuant to subsection (6) of this section, where the state health agency, within thirty-five days of receipt of an application, fails to issue a registry identification card or fails to issue verbal or written notice of denial of such application, the patient's application for such card will be deemed to have been approved. Receipt shall be deemed to have occurred upon delivery to the state health agency, or deposit in the United States mails. Notwithstanding the foregoing, no application shall be deemed received prior to June 1, 1999. A patient who is questioned by any state or local law enforcement official about his or her medical use of marijuana shall provide a copy of the application submitted to the state health agency, including the written documentation and proof of the date of mailing or other transmission of the written documentation for delivery to the state health agency, which shall be accorded the same legal effect as a registry identification card, until such time as the patient receives notice that the application has been denied.

[5280and420]

"card" got here today - damn thing hardly fits in a purse much less a wallet :thumbsup:

[ThaiBuddhaMan]

"card" got here today - damn thing hardly fits in a purse much less a wallet :thumbsup:

Not sure who in their right matter would ever call it a "Card" - it's more like a "Plaque"

[showstopper]

"card" got here today - damn thing hardly fits in a purse much less a wallet :thumbsup: You got your card in 3 months? wow, the state must be catching up, took mine 8 months almost.

[flyfisher48]

Received my card Tuesday. It was dated 10/16, I sent it inthe middle of February.

[TheReleafCenter]

The 35 day rule applies to anyone in the state selling as an MMC under HB1284. For the DoR's position letter, click this link:
http://www.colorado.gov/cs/Satellite?c=Document_C&childpagename=Rev-Enforcement%2FDocument_C%2FREAddLink&cid=1251580928406&pagename=REWrapper

You're not legal from the day your rec is signed, but you can present an affirmative defense under Amendment 20. Since MMC legality doesn't fall under A20, but rather HB1284, you're illegally purchasing in those first 35 days and technically, they shouldn't be selling to you.

It's fairly cut and dry, I'm surprised so many of you weren't aware of this.

[MEDEDCANNABIS]

my experience was after 30 days from your doctors affirmation you had to have a cashed check, certified check or money order. then when you get your card your good to go. that took roughly 8 months.:thumbsup:



meded is a hell of a drug

[420at8100]

I just got my reccomendation on Tuesday and have experienced mixed results with the "35 day rule". The MMC that handled my referral and another would not sell to me. Tried a third and they didn't seem to follow it. From the way the stance is worded, it sounds like to me that the MMC would only be in trouble if for some reason a person is denied within the first 35 days. Kind of tough to do when it takes them almost that long to cash the check, much less review the application.

[SoCoMMJ]

I just got my reccomendation on Tuesday and have experienced mixed results with the "35 day rule". The MMC that handled my referral and another would not sell to me. Tried a third and they didn't seem to follow it. From the way the stance is worded, it sounds like to me that the MMC would only be in trouble if for some reason a person is denied within the first 35 days. Kind of tough to do when it takes them almost that long to cash the check, much less review the application.

The application and proof of mailing are valid for use after the 35 days has elapsed. The place that sold to you prior to 35 days is running outside of the law and will not have a license for long.

...including the written documentation and proof of the date of mailing or other transmission of the written documentation for delivery to the state health agency, which shall be accorded the same legal effect as a registry identification card, until such time as the patient receives notice that the application has been denied.

As an aside, how in the hell will a dispensary know that a patient got rejected? Not like the patient is going to tell them that they got rejected. They will just keep using the app and proof of mailing for months...

This whole fucking process is retarded beyond belief. Welcome to government intervention.

[AllenScott]

The application and proof of mailing are valid for use after the 35 days has elapsed. The place that sold to you prior to 35 days is running outside of the law and will not have a license for long.

...including the written documentation and proof of the date of mailing or other transmission of the written documentation for delivery to the state health agency, which shall be accorded the same legal effect as a registry identification card, until such time as the patient receives notice that the application has been denied.

As an aside, how in the hell will a dispensary know that a patient got rejected? Not like the patient is going to tell them that they got rejected. They will just keep using the app and proof of mailing for months...

This whole fucking process is retarded beyond belief. Welcome to government intervention.

I just received, 75 days after sending in my application by registered mail, a rejection letter from the state saying the Dr. the MMJ Center hooked me up with has sanctions on her license and can not recommend MMJ.

I started to grow my medicine at 35 days post app. mailing.

I have A.I.D.S. and have now been made an outlaw. Nice.

Allen

[MEDEDCANNABIS]

I just received, 75 days after sending in my application by registered mail, a rejection letter from the state saying the Dr. the MMJ Center hooked me up with has sanctions on her license and can not recommend MMJ.

I started to grow my medicine at 35 days post app. mailing.

I have A.I.D.S. and have now been made an outlaw. Nice.

Allen

that sucks. people were smoking and growing before this though:D

meded is a hell of a drug

[TheReleafCenter]

I just received, 75 days after sending in my application by registered mail, a rejection letter from the state saying the Dr. the MMJ Center hooked me up with has sanctions on her license and can not recommend MMJ.

I started to grow my medicine at 35 days post app. mailing.

I have A.I.D.S. and have now been made an outlaw. Nice.

Allen

Allen,

I would first ask for a full refund from the physician. Second, I would reapply ASAP to restart your 35 day clock. Third, I would keep growing under an affirmative defense. If they mess with you in any way, sue the registry. They had an obligation to deny you in the first 35 days. In fact, I might just keep this portion of Article 18 with all of your paperwork:


(d) Except for patients applying pursuant to subsection (6) of this section, where the state health agency, within thirty-five days of receipt of an application, fails to issue a registry identification card or fails to issue verbal or written notice of denial of such application, the patient's application for such card will be deemed to have been approved.

Good luck to you and I hope your plants turn out wonderfully.

[MEDEDCANNABIS]

Allen,

I would first ask for a full refund from the physician. Second, I would reapply ASAP to restart your 35 day clock. Third, I would keep growing under an affirmative defense. If they mess with you in any way, sue the registry. They had an obligation to deny you in the first 35 days. In fact, I might just keep this portion of Article 18 with all of your paperwork:



Good luck to you and I hope your plants turn out wonderfully.


yes, i remember reading that part a while back. that packs a good case as it is in writing.


meded bringing sanity to the people