the devil's details

[colagal]

Still trying to get a grasp on the growing/cultivating details and how it fits into the regulatory proposals....according to the definitions in the proposed Denver City ordinance to be considered at a public hearing on Jan 11:

"Medical Marijuana dispensary means a business that sells or otherwise distributes marijuana through one or more primary care-givers to six (6) or more patients for medical use, along with any cultivation of marijuana associated with such sale or distribution. The term â??medical marijuana dispensaryâ?� shall not include any person or entity that distributes marijuana for medical use exclusively to five (5) or fewer patients, and shall not include the private possession and medical use of marijuana by an individual patient or caregiver to the extent permitted by Article XVIII, Section 14 of the Colorado Constitution and any other applicable state law or regulation."

Accordingly, a caregiver who has 6 or more patients would need to be a licensed dispensary, and therefore meet all the licensing requirements which includes (among other things) restrictions on zoning, i.e., cannot be located in a residential zone? These requirements certainly seem onerous, unjustified and sets the stage for more costly litigation. How many steps backward do we need to go before going forward?

This is the proposed ordinance: http://www.denvergov.org/Portals/81/...%20%282%29.pdf

colagal Reviewed by colagal on 01-03-2010. the devil's details Still trying to get a grasp on the growing/cultivating details and how it fits into the regulatory proposals....according to the definitions in the proposed Denver City ordinance to be considered at a public hearing on Jan 11: "Medical Marijuana dispensary means a business that sells or otherwise distributes marijuana through one or more primary care-givers to six (6) or more patients for medical use, along with any cultivation of marijuana associated with such sale or distribution. The term Rating: 5

[palerider7777]

seems weird with all thetemp block in each city to open a shop anyways? and it also sounds like if your under 5 your a small fry but over six they want to make sure they get there cut on it all.

[colagal]

palerider7777 seems weird with all thetemp block in each city to open a shop anyways? and it also sounds like if your under 5 your a small fry but over six they want to make sure they get there cut on it all.

Yes, not only are they encouraging small fries and making money on the big fries, but giving themselves a hammer; because anybody (other than dispensaries) who has 6 or more patients probably grows in their own home, which, unless your home is in a commercial zone (not likely), is against the ordinance, and actionable. This is where code enforcement comes in...

So, it looks like they are still trying to make it difficult for the dispensaries, and retain the 5 patient max to a caregiver idea.

[MEDEDCANNABIS]

I think this most recent proposal has a lot of things they know they wont get passed (like the 5 patient rule) so they can use them bargaining chips. so however it reads now wont be the same after they pass this new proposal, and my guess is they will do this again every year. never happy are they?

meded to mededicate to mededitate

[palerider7777]

I think this most recent proposal has a lot of things they know they wont get passed (like the 5 patient rule) so they can use them bargaining chips. so however it reads now wont be the same after they pass this new proposal, and my guess is they will do this again every year. never happy are they?

meded to mededicate to mededitate

weird how when they put something they want up to a vote and it passes nothing else about it is said.but now this passes"something that thought would never happen"and now there running around like chickens with there heads cut off.trying everything they can to reverse it back to how it was.never have i seen in my life this many town hall meetings and such trying to reverse what the people voted on.abunch of wankers.

we need to clean house from top to bottom and start off with people that are happy to and know they work for us not the other way around.

[colagal]

I think this most recent proposal has a lot of things they know they wont get passed (like the 5 patient rule) so they can use them bargaining chips. so however it reads now wont be the same after they pass this new proposal, and my guess is they will do this again every year. never happy are they?

There is some solace in that; however, I worry too much. There are three laws in the works: one by Romer, one supposedly by the CO County Sheriff's, and one by the Denver city council. Quite the coordinated attack. They are doing their best to re-criminalize patients and their caregivers....back to the dark ages. The first reading of the Denver city council version is going on....now.

Reference for above: Cannabis Therapy Institutue - Medical Cannabis (Marijuana) Research, Education and Advocacy in Colorado

[palerider7777]

A primary caregiver may serve no more than 5 patients on the registry at one time. A
primary caregiver may not delegate a patient to another caregiver or join with another caregiver
to grow marijuana. The department of health shall establish a registry of available caregivers for
those patients who need a caregiver to provide medical marijuana.
An individual who is permitted to use medical marijuana must have in his or her
possession a registry identification card when possessing a usable form of marijuana.>>>>>>>>>

that looks like an attack on the shops here.....


The standards for ensuring that registry identification cards are issued by the
department only to patients who have a bona fide physician-patient relationship with a physician
in good standing and licensed to practice medicine in the state of Colorado; except that the
executive director may promulgate rules related to a bona fide physician-patient relationship to
COMMITTEE REDRAFT Revised 12.09.09 -4-

allow a patient to receive a registry identification card under exceptional circumstances when the
patient has not established a bona fide physician-patient relationship.?????>>>>>>>>>>>>>

"this looks like an attack on patient/caregiver as in making us spend money monthly? on doc visits to stay "current"as to our cond??"

>>>>>>>>>>>>>>>

(VIII) The requirements and standards for passing a criminal history record check for all
primary caregivers. Passing a criminal history check includes no felony convictions, no
misdemeanor drug convictions within the last year, no multiple misdemeanors or petty offense
drug convictions within the last five years no two or more DUIs in the last ten years and any
other information that would indicate the individual is a danger to himself/herself or others

looks like they want to punish someone for having to "break the law"when they should'nt have had to.to get the meds they needed at the time.now from the looks of it if u did this for any reason no card for u.what abunch of bs.>>>>>>>>>>>>>>>>>>>>>

A primary caregiver may not delegate to any other person his or her authority to
provide medical marijuana to a patient nor may a primary caregiver engage others to assist in
providing medical marijuana to a patient

,,,what a nice way to say u are stuck to 1 caregiver..what happened to compassion? another attack on shops???
>>>>>>>>>>

Two or more primary caregivers may not join together for the purpose of growing or
cultivating medical marijuana.
(e) Only a primary caregiver or a patient may cultivate marijuana, and then only for
medical use.
(f) If a primary caregiver is providing medical marijuana to a patient, then a patient
cannot also grow and provide his/her own medical marijuana.
(g) The executive director may promulgate rules regarding the following:
(I) What constitutes â??significant responsibility for managing the well-being of a patientâ?�;
except that the act of supplying medical marijuana or marijuana paraphernalia, by itself, is
insufficient to constitute â??significant responsibility for managing the well-being of a patientâ?�;

another crock of shit to control your every move,the ones crying about price,,like i said b4 just wait you will love whats coming....

>>>>>>>>>>

The grounds and procedures for a patient to change his or her designated primary
caregiver.
(g) On the effective date of the rules promulgated pursuant to this subsection (3), the
medical marijuana program rules adopted by the state board of health are repealed.

hummmmmmmmmmmmmmm..............

>>>>>>>>>>

Registry identification card required â?? denial â?? revocation. (a) When in
possession of any usable form of marijuana for medical use, a patient or primary caregiver shall
have in his or her possession his or her medical marijuana registry identification card or, if more
than thirty-five days have passed since the date of filing his or her medical marijuana program
application and the department has not yet issued a registry identification card, a copy of his or
her application along with proof of the date of submission
>>>>>>>>>

so now u can't use your paper work until 35 days after you apply...talk about compassion what if people needed meds right away?
\>>>>>>>>>>>>>>>>

Local zoning. Nothing in this section shall prohibit a municipality or other
jurisdiction from enacting zoning requirements regarding manufacturing, producing, selling,
cultivating, distributing, dispensing, transporting or storing medical marijuana.

"nice how they left this open so that there buddies in office can pretty much deem growing/using unsafe"i can only wonder what they will do with this???then once zoned illegal in you neighborhood and u get caught in your home it's hiho hi ho it's off to jail we go.im sure they left this as a loophole for themselfs".
>>>>>>>>>>>>>>>

address the debilitating medical condition. The patient who asserts this affirmative
defense must waive confidentiality privileges.
COMMITTEE REDRAFT Revised 12.09.09 -12-

nice see what there doing here????
>>>>>>>>>>>


bottom line there up to exactly what i have been saying they were.but what do i know im crazy right??

[colagal]

As noted by Palerider's references, these "bargaining chips" are so restrictive and unrealistic that it is choking the life out of the initial amendment passed by the voters.

If I understand these proposals correctly, what can a patient do if, for example, they were unsatisfied with the meds provided by the caregiver, or the patient is unhappy with their caregiver's caregiving, or the caregiver's crop was compromised in some fashion and not productive, or if the patient wants to change their caregiver? The patient cannot grow as a back up, and the patient cannot go to another caregiver/dispensary since that would constitute the primary caregiver delegating to or joining with another caregiver. What does that leave? The bad ol' days...

The legislators want this as restrictive as possible giving more ammo for LEO to step in the fray. Maybe I have misinterpreted and am doing a Chicken Little dance for no reason...

[palerider7777]

As noted by Palerider's references, these "bargaining chips" are so restrictive and unrealistic that it is choking the life out of the initial amendment passed by the voters.

If I understand these proposals correctly, what can a patient do if, for example, they were unsatisfied with the meds provided by the caregiver, or the patient is unhappy with their caregiver's caregiving, or the caregiver's crop was compromised in some fashion and not productive, or if the patient wants to change their caregiver? The patient cannot grow as a back up, and the patient cannot go to another caregiver/dispensary since that would constitute the primary caregiver delegating to or joining with another caregiver. What does that leave? The bad ol' days...

The legislators want this as restrictive as possible giving more ammo for LEO to step in the fray. Maybe I have misinterpreted and am doing a Chicken Little dance for no reason...

thats what it sounds like to me.they want to make to where u can only have 5 but then those patients can't just go to a shop to buy meds while there say...waiting on there caregivers meds to be rdy or whatever reason.that will put many shops out of biz in a flash..guess that will clear up these shop reviews on the borads here?

these people that are talking about being able to get oz's for 100$ are living in a dream world and if any of this passes we all will be.you think for a sec that shops being limited to only 5 patients to grow for will be able to stay in biz?oh thats right i forgot for each patient a caregiver grows for those plants make the caregiver 500,000 each my bad i forgot.thats about as dumb street talk as the "yea hydro is where you grow the plants under the water".

i guess this is what those peeps wanted so this is what they will get?

[colagal]

thats what it sounds like to me.they want to make to where u can only have 5 but then those patients can't just go to a shop to buy meds while there say...waiting on there caregivers meds to be rdy or whatever reason.that will put many shops out of biz in a flash..guess that will clear up these shop reviews on the borads here?

these people that are talking about being able to get oz's for 100$ are living in a dream world and if any of this passes we all will be.you think for a sec that shops being limited to only 5 patients to grow for will be able to stay in biz?oh thats right i forgot for each patient a caregiver grows for those plants make the caregiver 500,000 each my bad i forgot.thats about as dumb street talk as the "yea hydro is where you grow the plants under the water".

i guess this is what those peeps wanted so this is what they will get?

Indeed, a lot of these threads will become moot if many of these proposals pass. I suspect that whatever passes will ultimately translate into increased costs to patients, especially given cultivation restrictions, an increase in law and code enforcement activities, and licensing requirements.

And, oh, I forgot that mj are cousins to water lilies. What was I thinking using dirt...?