Quote Originally Posted by Feijao
It looks as though she did have caregivership designation for the correct amount of patients to cover her plant number. Although the court has decided that she had not fulfilled enough of the requirements to meet the definition of primary caregiver. Leaving her above the legal plant count and being found guilty.

A Boulder County District Court judge ruled that because she hadn't met with all of the individuals in question, she couldn't claim to have been their primary caregiver.

Here is another good read from Safe Access Now




It will be interesting to see what happens from here on out due to this ruling.

Feijao
Actually, it appears that she DID NOT have the requisite designations of caregiver to cover the number of plants (44) she was growing. She was seeking to present an affirmative defense to the charge. If she had been designated as a caregiver on a sufficient number of patient forms, prosecution of her would have been barred completely, and she never would have been in court. Also important is that subsequent to her prosecution, the Colo. Dept of Health passed a regulation that apparently DOES define caregiver at least in part, as merely providing marijuana. The Court in this case declined to give said regulation retroactive effect. The Court also did not look behind a patient's designation to see if the defendant actually met the definition, the patients to whom the defendant provided marijuana had not designated her.