REALLY!

Here's 1 for the books, a friends brother in denver was moving plants and doing some general maintenance on his grow space.

Dude is a caregiver for 5 people, 3 of whom are long time friends and the other 2 are his cousin and his cousins wife!:thumbsup:

Ok so he's got 10 flowering plants sitting in his in-closed patio plus others out and about in other places! whilst he's cleaning up after changing bulbs in his grow room!

At some point he notices 2 police officers come over his back yard fence, at the same time his door bell starts going nuts!!:confused: his wife answers the door and there's a cop, so happens there's a person who has escaped from a police car after being apprehended earlier on charges that had absolutely nothing to do with the "dude" in question;) and police are franticly searching for "bad guy" and looking everywhere in the general vicinity!

Well they (police) find the suspect 2 houses down from dude and all is well, right?

Just so happens that while the police were at dudes house they saw the mmj plants and how many he had!

They ask to see all info, Dudes not worried at all, after all he's played and is still playing BY THE RULES!!!:thumbsup:

He shows all correct paper work, theres alot of laughing on both ends even the police and they see he's "legal" and off they go!

2 weeks later they show up at his front door! long story short, he's busted for growing over the limit!!!!:wtf: just so happens that 2 of his patients had downloaded caregiver ship change over forms and had reassigned them to a local dispensary, all for a free 1/4 and of course they fail to inform dude of their "misgivings" and go on buying from him like nothings wrong!!:mad:

Now how the "fuzz" found this out, I don't know? I do know that its that simple to do here in colorado right now! 1-download form 2-spend $10 for notary, 3- sign forms over! its that simple! and that easy to SCREW OVER a personal caregiver growing for there "patients"! :S4:

Oh and the 2 who did this wonderful thing, HIS OWN COUSIN AND COUSINS WIFE!!! hows that for family?

I thought in Denver you couldn't be a caregiver? 12 plants?

That's the problem with the system that I've been trying to resolve for years. Nobody, not even the health department will tell you how many patients are actually assigned to you. They won't tell you if a patient that is assigned to you is still with you. They won't notify you when a patient changes. Just what service are they providing for that freaking $90 per red card ?

Funny that the health department won't violate the confidentiality built into the constitution, unless they violate it for law enforcement's benefit. There may be a significant legal issue with that if you can rustle up a lawyer with balls.

As a safety factor, we will not grow over 75% of the patient count. The patient count only includes people that have indicated to us, and signed, in the last 30 days that we are still their MMC of choice and that they have not submitted any change designation forms.

Your only options as a grower are to error significantly to the conservative side. You have NO other protection against wandering patients.

it's a bad system. putting a letter in the mail saying "so and so dropped you" should be one of the things a $90 fee funds if they are going to enforce in this way.

Why not get an edible rec and sell less than 2 oz at a time to any freakin' patient who wants some???

As far as I know, patient to patient transfer of meds is not mentioned in 1284, and is not specifically prohibited anywhere. However, edible recs are mentioned in 1284 and allowed.

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Originally Posted by Dorje113

Why not get an edible rec and sell less than 2 oz at a time to any freakin' patient who wants some???

As far as I know, patient to patient transfer of meds is not mentioned in 1284, and is not specifically prohibited anywhere. However, edible recs are mentioned in 1284 and allowed.

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That is the great debate. 1284 says something about only sales being made in the method outlined in 1284 being legal. Nobody has stepped up to test that... yet.

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Originally Posted by SoCoMMJ

That's the problem with the system that I've been trying to resolve for years. Nobody, not even the health department will tell you how many patients are actually assigned to you. They won't tell you if a patient that is assigned to you is still with you. They won't notify you when a patient changes. Just what service are they providing for that freaking $90 per red card ?

Funny that the health department won't violate the confidentiality built into the constitution, unless they violate it for law enforcement's benefit. There may be a significant legal issue with that if you can rustle up a lawyer with balls.

As a safety factor, we will not grow over 75% of the patient count. The patient count only includes people that have indicated to us, and signed, in the last 30 days that we are still their MMC of choice and that they have not submitted any change designation forms.

Your only options as a grower are to error significantly to the conservative side. You have NO other protection against wandering patients.

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That's a smart way to be handling it.

We are very conservative about our counts as well. It has been rumored that along with the CMMC being promulgated, the health department will be setting up an online database so that centers and caregivers may definitively know how many patients have them signed over.

I can imagine that there are many patients who are "members" at up to a dozen centers. The CDPHE wont process more than one every 120 days for patients at the moment, but even if they are rejected they are sent to the patient not the caregiver, and a dishonest person, like those mentioned above, could be milking the system because of this obscurity.

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Originally Posted by copobo

I thought in Denver you couldn't be a caregiver? 12 plants?

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This would pre-suppose all of this. You can't legally caregive for anyone in Denver, just grow your own plants. You can live with one other person who is growing their plants, but that's it. No more than 12 plants in any residence.

I'll point out, once again, that caregivers selling for a profit are getting blasted in court by judges using the Clendenin precedent. If you're a primary caregiver, I would HIGHLY suggest contacting a lawyer familiar with MMJ law and they'll tell you the same thing.

Be informed, be safe!

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Originally Posted by CDS

This would pre-suppose all of this. You can't legally caregive for anyone in Denver, just grow your own plants. You can live with one other person who is growing their plants, but that's it. No more than 12 plants in any residence.

I'll point out, once again, that caregivers selling for a profit are getting blasted in court by judges using the Clendenin precedent. If you're a primary caregiver, I would HIGHLY suggest contacting a lawyer familiar with MMJ law and they'll tell you the same thing.

Be informed, be safe!

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This is some bs dispensary propaganda. Patient to patient sales are totally protected by the state constitution, and caregivers have the same rights as patients. Any lawyer familiar with MMJ law would tell you that MMJ is Federally Illegal and that dispensaries are risking a lot more than caregivers. Caregivers and Patients are the foundation of MMJ. There are still plenty of great caregivers in Denver following state laws. Lots of Dispensaries selling for profit are getting blasted in federal court too. All these new bills and regulations are a joke!

Go spout your armchair pro-dispensary, big business propaganda elsewhere. I dont need a lawyer to tell me what my rights are, i can read for myself. Some of these so called mmj lawyer are nothing but money sucking leaches anyway. Remember this is a war against the empire. Not a time to surrender

Quote:

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Originally Posted by CDS

This would pre-suppose all of this. You can't legally caregive for anyone in Denver, just grow your own plants. You can live with one other person who is growing their plants, but that's it. No more than 12 plants in any residence.

I'll point out, once again, that caregivers selling for a profit are getting blasted in court by judges using the Clendenin precedent. If you're a primary caregiver, I would HIGHLY suggest contacting a lawyer familiar with MMJ law and they'll tell you the same thing.

Be informed, be safe!

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Do you have any examples of caregivers getting blasted in court by judges using the Clendenin precedent?