CDPHE asking for feedback on caregiver rulemaking

See the front page of their site: Colorado: Department of Public Health and Environment, Colorado Medical Marijuana Registry

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The Medical Marijuana Registry program is asking for input from the public and interested parties to help draft a rule to take to the Marijuana Advisory Committee regarding primary caregivers. The proposition that the voters approved in 2000 stated that a primary caregiver must have significant responsibility for managing the well-being of a patient who has a debilitating medical condition. Medical Marijuana\25 1.5-106.pdf (Definitions)

A new 2010 Colorado law requires a working definition for significant responsibility for managing the well-being of a patient. The 2010 law also states that a primary caregiver simply supplying medical marijuana itself is NOT sufficient to have significant responsibility for managing the well-being of a patient who has a debilitating medical condition. Medical Marijuana\25 1.5-106.pdf (3) Rulemaking (VIII) (b) (1).

Is significant responsibility helping the patient with daily tasks, such as cooking, bathing, or other household chores? Is it arranging medical care across several medical providers? What makes a person a primary caregiver?

Comments on how to define significant responsibility for managing the well-being of a patient with a debilitating medical condition should be sent to [email protected]
Comments will be accepted until December 3, 2010. The comments will be used at a Medical Marijuana Advisory Committee meeting scheduled for December 9.

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More bad news for caregivers in Colorado...

the CDPHE hates sick people.

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Originally Posted by copobo

the CDPHE hates sick people.

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Unfortunately most segments of society do.

I'm pretty sure this is one of those "never the twain shall meet" situations. The state seems to want caregivers to do more than just sell marijuana. Unfortunately, I don't know any commercial growers who would be interested in changing bedpans or colostomy bags just to sell some extra pot.

the state wants to shut down caregivers. THATS what this is about. they don't care what you are doing for patients. this is about the systematic elimination of rights afforded under 0-4-287 - ARTICLE XVIII Sec 14.

They don't want to regulate us, they want to eliminate us.

and judges have ALREADY told the CDPHE providing pot is ENOUGH under A20.

I don't think a judge is going to change his mind about this because of 1284.

and if so, patient collectives it is.

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Originally Posted by copobo

the state wants to shut down caregivers. THATS what this is about. they don't care what you are doing for patients. this is about the systematic elimination of rights afforded under 0-4-287 - ARTICLE XVIII Sec 14.

They don't want to regulate us, they want to eliminate us.

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True and it couldnt have been more obvious than with 1284. Its complete bullshit that the constitutional amendment mentions 'caregiver' half a dozen times and we are being pushed out in favor of retail stores. Its even more bullshit that all the mmj attorneys sold out. Have any legitimate groups been formed that represent caregivers only?

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Originally Posted by Zedleppelin

Have any legitimate groups been formed that represent caregivers only?

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No. Nor are there any patients' rights groups.

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Originally Posted by copobo

the state wants to shut down caregivers. THATS what this is about. they don't care what you are doing for patients. this is about the systematic elimination of rights afforded under 0-4-287 - ARTICLE XVIII Sec 14.

They don't want to regulate us, they want to eliminate us.

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Yup, that's about right.

Copobo- Looks like most of the caregivers and their patients know what is going on but nobody knows what to do about it. Where the hell are all the patients' rights groups? This is kind of ridiculous. We need to influence the people that are influencing this medical advisory committee. Or is it really just the people in the committee? I have a hard time believing that. I think we're going to really get screwed on this issue. It could be the end to caregiving as we know it.

Releaf- Maybe you could chat with the MMC owners or owner on the Committee, can't remember how many there are but it might be worth makin a phone call and see if you can get any more info. Thanks for being an activist, I've been slacking at staying up to date on this and wouldn't have even known they were ready to start throwing more rules all over the state.

I'm going to talk to as many caregivers as I can and ask that they drop the department a line about what it means to be a caregiver, there are some good answers being posted around. I wonder if this crap will happen behind closed doors. This meeting should be public. Also, thanks for sending this out in you're news letter to everybody. If only some more MMC's would follow along this would be a lot more public and our chances might just increase, who knows.

I disagree. Every time I talk to someone they are clueless. caregivers, patients.... clueless.

who's going to start a patient or caregiver centered group, besides us?

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Originally Posted by copobo

I disagree. Every time I talk to someone they are clueless. caregivers, patients.... clueless.

who's going to start a patient or caregiver centered group, besides us?

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I've been following the bullshit, and I want to help - lets try to reach out to the community. I run a webdesign business, I will gladly donate my time to setup a site and forum! Lets try to set something up. We need to connect the dots and get some advocacy for the little guy. It's long overdue.

It's pretty obvious that as a branch of state government CDPHE is taking their marching orders from law enforcement. The cops don't like having to walk away from raids without seizing property and making peoples lives miserable.

How can we do this?

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Originally Posted by asscore

I've been following the bullshit, and I want to help - lets try to reach out to the community. I run a webdesign business, I will gladly donate my time to setup a site and forum! Lets try to set something up. We need to connect the dots and get some advocacy for the little guy. It's long overdue.

It's pretty obvious that as a branch of state government CDPHE is taking their marching orders from law enforcement. The cops don't like having to walk away from raids without seizing property and making peoples lives miserable.

How can we do this?

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I agree. I own a hosting company and will donate server space, maybe we need to start brainstorming.

Wow, big surprise. Caregivers still in the shadows unwilling to support their cause, no way!

Until the number of legal caregivers approaches the number of illegal caregivers, there won't be enough sick patients and advocates to stick up for those who don't want to support their cause.

Tax money, tax money, tax money.....
MMC's pay taxes plain and simple; drive the patients to HAVE to go to an MMC and they are just ensuring the state gets their tax money from the patient. Private CG's don't pay taxes on the product they sale, they dont have to get expensive licenses, why let them have most of the business in the state and not pay taxes either.

I dont think it is control over CG's or MMC's as much as it is control over where I, the patient, am able to spend my money to get my medicine.

plain and simple: when caregivers are gone, prices will go WAY UP. Especially in areas under-served by dispensaries.

every plant that isn't grow in Colorado comes over the boarder from somewhere else. idiots.

If you guys need ANYTHING I'm willing to help. We really need to sit down and develop some common goals. The biggest issue I see in a lot of these groups is competing agendas.

Once caregivers know what they want, it'll be easy to fight for them. I'm up for the task.

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Originally Posted by copobo

who's going to start a patient or caregiver centered group, besides us?

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Personally, I think the matter of money pollutes everything. There are a number of trade groups already organized by commercial growers. What is lacking, outside of our elected officials, is a group that advocates not for people who sell MMJ, but for the patients. The interests of caregivers and patients are not any more identical than the interests of caregivers and dispensaries.

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Originally Posted by asscore

I run a webdesign business, I will gladly donate my time to setup a site and forum! Lets try to set something up. We need to connect the dots and get some advocacy for the little guy. It's long overdue.

How can we do this?

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A colorado only forum is already up and running. They don't like me posting it on here for obvious reasons. I can create password protected sections if need be.

Mile Hi MMJ Patient Magazine publishes patient stories and mmc stories as well. We will post your story FOR FREE, even if you are an mmc. You will have to google it. Once you are there, then you can goto the forum.

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Originally Posted by TheReleafCenter

If you guys need ANYTHING I'm willing to help. We really need to sit down and develop some common goals. The biggest issue I see in a lot of these groups is competing agendas.

Once caregivers know what they want, it'll be easy to fight for them. I'm up for the task.

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I guess I don't get what these competing agendas are? People want to keep their rights under A20. If something isn't done pretty soon your only option will be to walk into a dispensary and pay for cannabis.

I can't afford to buy bags all the time! I just did the math, I smoke almost 2g of herb a day. Times that by 365 days a year and I am looking at $9k a year for medicine!

Not everybody can grow where they are living. This is especially true for apartment dwellers. That's why caregivers provide such an important function.

In terms of goals, I think a big one would be a severe legal challenge to HB1284! I can go into Walgreens at 4am and get Oxycontin, why do dispensaries have to close at 7pm? Why can I only provide medicine for 5 patients? What if I wanted to care for 16 patients and only grow 2 plants for each? Looking at the dispensary requirements - Do I, as a patient want the state recording each and every time I buy my medicine being put into some database with a picture of me and my herb and a scan of my reciept?

The govt isnt allowed to keep a database of people who own guns, do we want the governnent to have a database of cannabis purchases? What if they decide you are buying "too much" medicine? Let me guess, they let the cops know and they start watching what you are doing.

The entire time I was watching all of this I was thinking "where it the patient advocacy like they have out in California?".

The CHDPEs job should be to issue cards, THATS ALL.

I could keep going on and on, but I guess it's time to turn this rant off.

I'm only a measly patient and don't grow, but I'd love to be more involved in pushing against these onerous regulations, and the apparent desire to shut all caregivers down. I probably would not be a great public face, only because I have nerve pain conditions and therefore don't "look" sick (which is a whole other issue--don't get me started on how docs, employers, etc. treat you when your problems aren't glaringly obvious). But in terms of volunteering and helping out I'd love it. And I have experience lobbying my representatives on other issues (even tho my senator is Romer, so good luck there).

if Romer is your guy....

you should consider running against him!

Yeah, someone needs to primary him. Unfortunately I don't have the credentials that would make for a good legislator. Although I guess we'll probably be losing him soon anyway, since he's running for mayor and people will probably just see the name Romer and vote for it. Pitiful.

here's a response that you can consider when writing yours-

The caregiver should be available to provide advice on dosage,
strains, and administration of the cannabis he/she provides to his or
her patients. In the context of medical marijuana, that and providing
medical marijuana are the only significant responsibilities for
managing the well-being of the cannabis patient. To define otherwise
would press caregivers to provide services for which they may not be
trained, and may confuse patients into thinking marijuana caregivers
are qualified in areas they are not.

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Originally Posted by copobo

I disagree. Every time I talk to someone they are clueless. caregivers, patients.... clueless.

who's going to start a patient or caregiver centered group, besides us?

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yes sir you are correct....jay, tell him what hes won. now, i look at everything that has happened and i think to myself, why would lawmakers leave so many loopholes or rather just plain HOLES , when usually they are so thorough. so one can only conclude that they want confusion to hide future agendas. in sales a confused mind always says no, i suspect this is the agenda...break that chain of unity via confusion and misinformation so that the factions may never know whats really going on all at once.

"divided we fall"

remember, you only have till friday to send in your comments!

post them here to encourage others!

Sent this one to them tonight:

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I am an mmj registry patient. I have been a patient for several years and i am troubled by many of the new regulations that have been put forth in the past year. HB 1284 limited caregivers to five patients each and disallowed caregivers to designate a caregiver for themselves. As a result i can no longer have a caregiver and must get my extra medicine from commercial dispensaries, run only for profit, at great inconvenience and additional cost to me.
I feel that in the last year much of the regulations and bills passed are designed only to benefit the commercial dispenary model. Subsequently the individual caregivers seem to be being gradually forced out of the mmj program in colorado. This is not what the voters for the original amendment intended the program to be. Please do not further damage patient access to affordable medicine by adding unnecessary verbage to make it harder for us to find adequate providers/growers for our cannabis. Ladies, and gentlemen of the board i urge you to end the state war on patients of 2010

sincerely,

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+1 :thumbsup: