Bend Over: HB-1143 gets worse

[copobo]

as we knew it would

HB11-1043 New Draft as of 1/25/11 (http://www.warrenedson.com/blog/2011/01/30/HB11-1043-New-Draft-as-of-12511.aspx)

"
The new draft of HB11-1043 is floating around. Not a whole lot of positive things to say about this draft.

1) Continued moratorium for another year, unless you are already in the industry.
2) No minority out of state ownership.
3) Felony cultivators are forever banned (not so for possession or sales).
4) Grows are no longer confidential.
5) No help for caregivers and they have to register with the state.
6) No reciprocity for out of state patients.
7) A 500 plant cap on IPM related OPCOs.
8) The Dr issue is not fixed

There is:
1) Clones becomes plants at 8 inches.
2) Employees and managers clearly have a different set of residency and background requirements.
3) Below cost sales are allowed to indigent patients.
4) An MMC owner with multiple retail locations can have a common grow.
5) IPMs can take their product to a lab.
6) Release of medical records by a private company is a class 1 misdemeanor.

Overall a lot more bad than good.
"

[ottistoys]

thanks for the info !!

[porone]

I not fond of what the state has done so far with 1284 and 109 It has hurt many in different ways but so far this 1043 may not be so bad.But give them time and they can screw up a wet dream.I cut this off the state web site

The bill creates 2 new classes of medical marijuana licenses:
! A primary caregiver cultivation license, which gives a
primary caregiver who has received a waiver to serve more
than 5 patients or who grows more than 30 plants at a time
the authority to grow medical marijuana only for his or her
patients or for the patients of another primary caregiver, if
the licensee has been delegated authority over the patients.

so far it looks like small caregivers will be left alone?

[canaguy27]

do not give into the regulatory scheme. ask mmc owners how they like the state having power of attorney over them.

stick and abide by am20.

[copobo]

the plan now is to go after registration of caregivers. This has changed since their first release. That's what happens, the first draft is to calm the masses then they take any sense right out of it and vote on it.

[HighPopalorum]

You can read it at the legislature's site (http://www.leg.state.co.us/CLICS/CLICS2011A/csl.nsf/BillFoldersHouse?OpenFrameSet). They've got a marked up copy, which I assume is current. (Click on HB11-1043 for the PDF)

[porone]

do not give into the regulatory scheme. ask mmc owners how they like the state having power of attorney over them.

stick and abide by am20.

Im with you all the way:jointsmile:

[shackhouser]

I was reading this post and decided to read through the bill as I wanted to know how it affected caregivers. I saw some earlier posts in another thread where people were stating that with the passage of HB-1284, caregivers could no longer receive any profits from the medicine they were providing to their patients, however the wording in HB-11 1043 states this:

12-43.3-405. Primary caregiver cultivation license. A PRIMARY
7 CAREGIVER CULTIVATION LICENSE MAY BE ISSUED ONLY TO A PRIMARY
8 CAREGIVER WHO IS REGISTERED WITH THE STATE HEALTH AGENCY
9 PURSUANT TO SECTION 25-1.5-106,C.R.S., WHO HAS RECEIVED A WAIVER
10 FROM THE STATE HEALTH AGENCY TO SERVE MORE THAN FIVE PATIENTS
11 OR WHO GROWS MORE THAN THIRTY MEDICAL MARIJUANA PLANTS AT A
12 TIME, AND WHO GROWS AND CULTIVATES MEDICAL MARIJUANA FOR THOSE
13 PATIENTS. A PRIMARY CAREGIVER CULTIVATION LICENSEE SHALL NOT
14 PROVIDE OR SELL ANY CULTIVATED MEDICAL MARIJUANA TO ANYONE
15 OTHER THAN HIS OR HER PATIENTS OR THE PATIENTS OF ANOTHER PRIMARY
16 CAREGIVER IF THE PRIMARY CAREGIVER HAS BEEN DELEGATED AUTHORITY
17 OVER THE PATIENTS PURSUANT TO SECTION 25-1.5-106 (7), C.R.S.

Is this to be interpreted that if you want to turn a profit from selling medicine to your patients who have designated you their primary care-giver, you need to be not just a primary care-giver but to obtain the waiver and get the PRIMARY CAREGIVER CULTIVATION LICENSE from the state???

[canniwhatsis]

I was reading this post and decided to read through the bill as I wanted to know how it affected caregivers. I saw some earlier posts in another thread where people were stating that with the passage of HB-1284, caregivers could no longer receive any profits from the medicine they were providing to their patients, however the wording in HB-11 1043 states this:

12-43.3-405. Primary caregiver cultivation license. A PRIMARY
7 CAREGIVER CULTIVATION LICENSE MAY BE ISSUED ONLY TO A PRIMARY
8 CAREGIVER WHO IS REGISTERED WITH THE STATE HEALTH AGENCY
9 PURSUANT TO SECTION 25-1.5-106,C.R.S., WHO HAS RECEIVED A WAIVER
10 FROM THE STATE HEALTH AGENCY TO SERVE MORE THAN FIVE PATIENTS
11 OR WHO GROWS MORE THAN THIRTY MEDICAL MARIJUANA PLANTS AT A
12 TIME, AND WHO GROWS AND CULTIVATES MEDICAL MARIJUANA FOR THOSE
13 PATIENTS. A PRIMARY CAREGIVER CULTIVATION LICENSEE SHALL NOT
14 PROVIDE OR SELL ANY CULTIVATED MEDICAL MARIJUANA TO ANYONE
15 OTHER THAN HIS OR HER PATIENTS OR THE PATIENTS OF ANOTHER PRIMARY
16 CAREGIVER IF THE PRIMARY CAREGIVER HAS BEEN DELEGATED AUTHORITY
17 OVER THE PATIENTS PURSUANT TO SECTION 25-1.5-106 (7), C.R.S.

Is this to be interpreted that if you want to turn a profit from selling medicine to your patients who have designated you their primary care-giver, you need to be not just a primary care-giver but to obtain the waiver and get the PRIMARY CAREGIVER CULTIVATION LICENSE from the state???

Correct, however that passage seems to only apply to caregivers with more than 5 patients or more than 30 plants.

Small caregivers are still limited to 5 patients, and a max of 6 plants per, so 30 plants.

[copobo]

they will be cataloging caregivers. and people will line up to sell their souls.

[canaguy27]

Here is what they ARE NOT telling you.

Look at what denver is trying to do to mmcs. They are zoning their offsite grows out of existence.

If they can't get you with zoning, they will get you with a FULLY inspected grow, think electrical, plumbing, etc up to code 100% before you can start. Ask the mmcs how they like this. Don't forget about UL approved equipment. I just sold 100 Quantum digis to an mmc after they just bought 100 digis from china with no paperwork. The chinese ones are just sitting in their boxes.

They are attacking from all sides. They want to draw you into the regulatory scheme so that they can control you. Don't forget about being TAXED as well. This is all in the plan.

They want to draw you away from a20 because they can't touch you while you abide by it. (they can apparently harass you though). Constitutional law trumps anything they could do to stop you.

Stick to a20 and you at least have some firm ground to stand on.

[shackhouser]

Correct, however that passage seems to only apply to caregivers with more than 5 patients or more than 30 plants.

Small caregivers are still limited to 5 patients, and a max of 6 plants per, so 30 plants.

Right, so are we to interpret that a primary care-giver who only supplies 5 or less patients is now expected to provide medicine to their patients at no profit??
They are passing legislation that will most likely shut down the majority of dispensaries in the state due to zoning and now a care-giver should be non-profit?? Man, talk about limiting access to your meds....

[HighPopalorum]

They are passing legislation that will most likely shut down the majority of dispensaries in the state due to zoning

Zoning? That's a local prerogative. There's nothing in this legislation that will affect zoning.

[TheReleafCenter]

Here is what they ARE NOT telling you.

Look at what denver is trying to do to mmcs. They are zoning their offsite grows out of existence.

If they can't get you with zoning, they will get you with a FULLY inspected grow, think electrical, plumbing, etc up to code 100% before you can start. Ask the mmcs how they like this. Don't forget about UL approved equipment. I just sold 100 Quantum digis to an mmc after they just bought 100 digis from china with no paperwork. The chinese ones are just sitting in their boxes.

They are attacking from all sides. They want to draw you into the regulatory scheme so that they can control you. Don't forget about being TAXED as well. This is all in the plan.

They want to draw you away from a20 because they can't touch you while you abide by it. (they can apparently harass you though). Constitutional law trumps anything they could do to stop you.

Stick to a20 and you at least have some firm ground to stand on.

Denver already banned residential caregivers, so there's that, too.

[shackhouser]

Zoning? That's a local prerogative. There's nothing in this legislation that will affect zoning.

Yea, I meant to say Denver, not the whole state. From what I understand, 90% of the current grows in Denver would have to be grandfathered in to avoid being in violation of the new zoning requirements as 90% of the current grows are in areas that are going to be off limits as of July 1, 2011.

[TheReleafCenter]

Yea, I meant to say Denver, not the whole state. From what I understand, 90% of the current grows in Denver would have to be grandfathered in to avoid being in violation of the new zoning requirements as 90% of the current grows are in areas that are going to be off limits as of July 1, 2011.

It's that your grow or husbandry permits needed to be in your name the whole time, I believe. They don't allow for transfer of ownership. Nothing is changing in terms of zoning.

[GratefulMeds]

do not give into the regulatory scheme. ask mmc owners how they like the state having power of attorney over them.

stick and abide by am20.

I agree they have us on the ropes with all these rules.:(

[dkmcsm]

I've read this over and over. Bit of a novice on law reading so bare with me.
A PRIMARY CAREGIVER CULTIVATION LICENSEE SHALL NOT
14 PROVIDE OR SELL ANY CULTIVATED MEDICAL MARIJUANA TO ANYONE
15 OTHER THAN HIS OR HER PATIENTS OR THE PATIENTS OF ANOTHER PRIMARY
16 CAREGIVER IF THE PRIMARY CAREGIVER HAS BEEN DELEGATED AUTHORITY
17 OVER THE PATIENTS
Is it saying that an MMJ with Primary Caregivers can delegate authority to a Caregiver to grow for that patient. Bottom line; I have an MMJ that wants me to grow for some of their Patients as an Assigned Caregiver and they would be primary caregiver. If I get a waiver on the 30 plant limit for my patients, would I be able to grow more for the assigned patients? Of course there are only about 30 other rules to be followed, but that is the one that concerns me now. I thought this was shut down.

[porone]

I've read this over and over. Bit of a novice on law reading so bare with me.
A PRIMARY CAREGIVER CULTIVATION LICENSEE SHALL NOT
14 PROVIDE OR SELL ANY CULTIVATED MEDICAL MARIJUANA TO ANYONE
15 OTHER THAN HIS OR HER PATIENTS OR THE PATIENTS OF ANOTHER PRIMARY
16 CAREGIVER IF THE PRIMARY CAREGIVER HAS BEEN DELEGATED AUTHORITY
17 OVER THE PATIENTS
Is it saying that an MMJ with Primary Caregivers can delegate authority to a Caregiver to grow for that patient. Bottom line; I have an MMJ that wants me to grow for some of their Patients as an Assigned Caregiver and they would be primary caregiver. If I get a waiver on the 30 plant limit for my patients, would I be able to grow more for the assigned patients? Of course there are only about 30 other rules to be followed, but that is the one that concerns me now. I thought this was shut down.

What we can read on the state web site is just the first draft.No votes or ammendments yet.Give them time and they will make an even bigger mess, so far it doesnt look all bad butttt.:(

In other words dont start planning at this point.Watch them close and start calling and writing the law makers as they move forward.These people vote on things when often they have no idea what the outcome will be.

[copobo]

this hasn't passed yet.

[shackhouser]

this hasn't passed yet.

I looked over the current calendar for the House and I found this:

Thursday, February 10th
1:30 p.m.
Old Supreme Court Chamber Judiciary
HB 1043 Massey--Medical Marijuana

The calendar can be found here:House Calendar (http://www.leg.state.co.us/clics/clics2011a/csl.nsf/CalendarsFrameset?OpenForm&chamber=house)

I don't know if this is the day of the final vote or not but I have heard they are re-drafting it.......

[porone]

Ya they will bounce it back and forth add this and that ,vote at least three times on it until its as scewed up as the one they are trying to fix(1284)

[HighPopalorum]

This is what will happen: the bill will go through several house committees, and each will have the opportunity to make changes. Certainly it will go through the Judiciary committee and the Health and Environment committee. Then, the house will vote on it and the bill will pass to the state senate. They might make more changes in committees, but might not. The final vote might not happen until June-ish.

[copobo]

but show up if you can and be ready for dirty tricks. Remember, 1284 was voted on at 4:20, without notice!

[thegreenreaper]

Good point CoPoBo. It kinda feels like "hurry up...and wait"...but I think we need to stay on top of it this time, knowing what took place before, and be ready to fight. The more we lose ground, the easier it seems for them to take more from us.:smokin: