f In Denver, does Xcel Energy report suspicious energy use to law enforcement?
Doesn't matter. If Denver law says 12 plants (or 9 or 2 or 0) that's the law you need to follow, no matter what your recommendation says. Home rule cities have great latitude in terms of local law and ordinances, as they should.
(I'm not a lawyer. You really should consult with one, though. That goes for everyone who grows.)
f In Denver, does Xcel Energy report suspicious energy use to law enforcement?
Quote:
Originally Posted by CDS
Disclaimer: I'm not a lawyer.
In the case of law enforcement showing up at your door, there isn't a bright line for them. Your red card won't show anything that indicates you have additional plants, for example. Once it goes to trial, one of the biggest hurdles in my understanding is getting the physician who wrote your recommendation to show up and testify on your behalf. In that circumstance, it pays dividends to have an established history with the physician instead of seeing them once to get your rec.
In terms of actual case law, maybe Warren could chime in on this?
Exactly right, and I'm sure your health issues would also play a major part. These guys growing 50 plants on a rec because they broke their toe 3 years ago have a real false sense of security. All the cases I've heard about that were charged even though they had a higher rec ended up accepting a plea bargain. I know one guy who was raided about a month ago with 28 plants even though his rec said 35. They spent 6 hours tearing his house apart, took his cash and he spent 2 days in jail and now he is being charged with 2 felonies. Now he has the choice of dropping at least 15k - 20k to fight it in court or take a plea.
f In Denver, does Xcel Energy report suspicious energy use to law enforcement?
I forgot to mention Jason Lauve, who had substantially more MMJ than the minimum provided in A20. He was acquitted. Remember that the 12 plants in Denver is really six plants per patient.
f In Denver, does Xcel Energy report suspicious energy use to law enforcement?
In Boulder County they will accept extended recs. No jury in BoCo will convict an MMJ patient.
Between my wife and I, we have over 50 plants in recs, but we only grow 6 each. I sleep much better now.
I do NOT think the Denver rule is constitutional, but I would also not want to be the test case! (and I don't live in D Town) I will never leave BoCo until real legalization comes!
