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

Colorado Appeals Court Considers
Medical Marijuana Distribution
A Colorado appellate court is considering a medical marijuana case that may help define how the state's patients are to obtain their medicine. At issue is whether the state law's definition of a "caregiver" allows for the retail distribution of cannabis to authorized patients.

The appeal of the 2006 criminal conviction of Stacy Clendenin, a Longmont medical cannabis patient who had been growing cannabis for herself and a handful of other patients, comes on the heels of a Colorado Board of Health decision that rejected restrictions on how many qualified patients a medical marijuana caregiver can serve.

At trial, Clendenin was not allowed to call witnesses who her attorney says would have testified that she was providing medicine to them under state law. The trial judge ruled the witnesses inadmissible because Clendenin could not be considered the patients' caregiver.

Prosecutors argue that state law requires a caregiver to not only personally know the patients receiving the cannabis but also have "significant responsibility for managing the well being of a patient," which they say means "a relationship beyond providing marijuana." This narrow definition is precisely what the state Board of Health rejected in August, but attorneys for the state say the decision is not retroactive.

Clendenin's attorney, Robert Corry, told the appeals court that this definition is unreasonable, noting that it imposes a standard far in excess of what is expected of pharmacists who routinely distribute far more dangerous drugs.

Clendenin is also challenging the probable cause for the original search warrant in the case and arguing that the language in the state's medical marijuana statute is unconstitutionally vague.

Convicted in 2006 of five counts related to growing marijuana at her home, Clendenin was sentenced to unsupervised probation, but she wants her felony record cleared.

Since then, medical cannabis dispensaries have sprung up in communities across Colorado.

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

Feijao