Quote Originally Posted by colagal
The question to Sensible Colorado (in response to their request for public input on regulations):
Does Sensible Colorado have an opinion regarding growers? Many of the dispensaries rely upon growers (who are separate from dispensaries) to help supply the meds due to supply and demand, but growers are restricted in what they can grow based upon their number of patients. Both the growers and the dispensaries have to show enough patient load (if you will) to justify the amount of product on hand.

It would help benefit all if there could be some way to have a collaboration between growers and dispensaries to share the patient load so as to legally justify the amount grown on both sides. As a grower, we have difficulties finding patients to justify our grow as the dispensaries gobble them up, but the dispensaries look to us to supply them more than we can legally grow, but are reluctant to share their patients. One dispensary has developed a membership agreement that gives growers an affirmative defense to some degree, but not as strong as if the grower were named as the primary caregiver.

Also, do you know about regulations or licensing that would require growers to meet a minimum standard of care as it pertains to growing practices - like being a "certified" grower?

Any thoughts on this are appreciated. Maybe this is something to be addressed as well in these regulations? Thank you.

The Response:

Under Colorado law there is no difference between a grower and a caregiver. Many caregivers that supply dispensaries have distribution agreements that help to address the concerns that you have outlined. Perhaps you and your customers could draft an agreement regarding your concerns.

Question to Dispensaries:

How do you cover your growers? Do you expect them to have enough patients to justify their grow and excess? What do you think about distribution or membership agreements?

Question Generally:

What do you think about growers being certified? A good thing? A bad thing?
The decision in Clendenin casts some doubt on the effectiveness of "affirmative defense" actions taken by dispensaries to try to help cover the growers. Short of an agreement with the patient(s), or photos of the grower cooking dinner for the patient, the grower's status just got a little more precarious. As to the idea of "certified" growers, who does the certifying and what are the standards to be, etc..? Without answers to these questions, no opinion. I can tell you that the idea of the government being involved at all on any level makes it unpalatable to me.