Five Things To Know About Council Bill 10-1003

[TheReleafCenter]

Here is our primer on non-Brighton Boulevard issues that still remain in the Denver city council bill:

Five Things To Know About Council Bill 10-1003 | blog.thereleafcenter.com (http://blog.thereleafcenter.com/2011/02/22/five-things-to-know-about-council-bill-10-1003/)

[Steelwool]

"finding a caregiver who can purchase medicine on their behalf. Unfortunately, these same caregivers were banned from growing by the council last year." What's that!?! I'm a caregiver for 2 patients and myself (a couple under my plant count if you don't count cuttings in rockwool). I was under the impression that if I was under 5 patients and myself I didn't have to worry. Is that not the case in Denver?

[TheReleafCenter]

Not at all.

If you live in Denver and you are a patient, you can grow six plants. You can live with someone who is also growing six plants, but that's the max. 12 plants between two people.

You can't grow plants you're designated to grow, either. Only your own.

[Steelwool]

That's crazy! You can't be charged with a crime for violation of this BS can you? Since this is a city council thing isn't it just a fine? I thought amendment 20 has me covered as long as I was under the 5 patient rule imposed by the state in a court of law. Has anyone challenged this yet?

[ThaiBuddhaMan]

Where in Am20 does it limit you to just 5 patients?


That's crazy! You can't be charged with a crime for violation of this BS can you? Since this is a city council thing isn't it just a fine? I thought amendment 20 has me covered as long as I was under the 5 patient rule imposed by the state in a court of law. Has anyone challenged this yet?

[Steelwool]

Not actually in the amendment but the House Bill thing they passed last year.

[copobo]

so that means if a non-profit caregiver has 5 patients, and there is another patient who thinks that caregiver would be best for her condition... patient #6 doesn't get to exercise her right under Article XIV to choose a caregiver?

[Steelwool]

I hear you. This is all getting way out of hand with all the house bills and city council crap. Since when can the city council take away my constitutional rights? They can go screw themselves, I'm under 5 patients and I'm gonna keep helping my patients and myself.

[TheReleafCenter]

I believe first violation is a warning, with progressive fines for repeat violations.

Caregivers are getting killed right now in court, anyway. Clendenin is precent they're accepting. Any cash transfer is being ruled a violation of A20.

[GratefulMeds]

That's crazy! You can't be charged with a crime for violation of this BS can you? Since this is a city council thing isn't it just a fine? I thought amendment 20 has me covered as long as I was under the 5 patient rule imposed by the state in a court of law. Has anyone challenged this yet?

They have tried basically to strip caregivers of any constitutional rights with the new bills in the State legislature and it seems Denver city council is close behind their lead. And they will continue to do it to caregiver's until they finally hit someone with the kind of coin it takes to defend and overturn this BS. See the trend here, 1st strip Centers of all rights, then Caregivers, Patients are next and Claire Levy has put a great start on the assault on Patients with her new bill which will hurt many a young persons life. By arrested them for some bogus Nano-gram level stripping opportunities to get into a good school or getting that great job because of bad laws ( basically a new strategy in their Drug War).:thumbsup::stoned:

[Steelwool]

So, from what I've been reading, as long as I don't ask for any money from my patients (which I don't) and I have a significant relationship with my patients outside of providing medical marijuana to them (which I do), I should be OK? I thought I also read in HB 10-1284 that you can accept money from a patient for the cost of production and "caregiver services"?

[TheReleafCenter]

So, from what I've been reading, as long as I don't ask for any money from my patients (which I don't) and I have a significant relationship with my patients outside of providing medical marijuana to them (which I do), I should be OK? I thought I also read in HB 10-1284 that you can accept money from a patient for the cost of production and "caregiver services"?

Yes, but not in Denver.

[donniedorko]

I don't grow or anything, yet, but am heading in that direction once I get some space to use. Here's my thinking on this nonsense. I'm a legitimate MMJ patient with a real condition and real doctors who can testify to that real condition (doctors that insurance actually use, not shaman MDs who hand out a license to all comers). When I grow, I'll grow my plants, and probably for a couple friends who are also legitimate patients. I'm not going to fret too much over the intricacies of how many plants I have and all that. I'll stay under our combined limits. But I'm not going to be selling professionally. I'm not going to run a dispensary. So, really, are they going to come after me? It could happen--there are definitely circumstances where a neighbor complains or whatever. But are they going to convict me? In Denver? No way in hell. I'll take the chance. I won't go on the news or anything asking to get busted, and my feeling is that it is almost certain to not happen. But we'll see. Maybe I'll be writing to you all from federal prison in a couple years.

[TheReleafCenter]

I don't grow or anything, yet, but am heading in that direction once I get some space to use. Here's my thinking on this nonsense. I'm a legitimate MMJ patient with a real condition and real doctors who can testify to that real condition (doctors that insurance actually use, not shaman MDs who hand out a license to all comers). When I grow, I'll grow my plants, and probably for a couple friends who are also legitimate patients. I'm not going to fret too much over the intricacies of how many plants I have and all that. I'll stay under our combined limits. But I'm not going to be selling professionally. I'm not going to run a dispensary. So, really, are they going to come after me? It could happen--there are definitely circumstances where a neighbor complains or whatever. But are they going to convict me? In Denver? No way in hell. I'll take the chance. I won't go on the news or anything asking to get busted, and my feeling is that it is almost certain to not happen. But we'll see. Maybe I'll be writing to you all from federal prison in a couple years.

It's a multiple step process, they won't start with an arrest. From my understanding, a neighbor has to complain about something (usually smell) and then they'll send out an investigator. Usually these investigators don't have warrants and will simply ask you for a time to come back and look at everything. First penalty, I think, is a fine.

That being said, Denver is the last place I would grow as a caregiver. They've been clear they won't want people growing and selling in residential areas. The courts have been using Clendenin as precedent, which is awful for caregivers. Probably not worth it, but that depends on how interested you are in being compliant.