hb10-1284 set to be voted on tomorrow

[HighPopalorum]

Red Cross, PETA, Unicef, as well as many others, are all non profits and the CEO's and members of the board all make 6-7 figure salaries....

In the politest way possible, I'd like to point out that this isn't true. None of the charities mentioned pays seven figures. The Red Cross's board is volunteers. PETA's highest paid board member makes about $70,000. Unicef board members make six figures. It's likely they have other sources of income, but what you said wasn't even approximately true.

[Vancefish]

As a general answer, the owner. Sometimes a board. Sometimes by it's by charter. (The provision requiring MMCs to be non-profit orgs is no longer part of this bill, I think.)

Now it says you don't have to get a "FEDERAL" non-profit designation. It still says you have to be nonprofit though!

It's just another one of those open ended parts of this bill. To be decided while they prosecute you!:wtf:

Just like how it says NO POSSESSION withing 1000' of a school, AT ALL! Yet they claim THAT is just for growers and dispensaries. If it doesn't SAY this is just for growers and dispensaries IN THE BILL. It is for everyone! So a cop can watch you walk out of the non-school zone dispensary, then follow you until your in a school zone, and bust you!

I suggest everyone look at a map and figure out how, or IF!! You can even get home from a dispensary without entering a school zone.

[HighPopalorum]

Now it says you don't have to get a "FEDERAL" non-profit designation. It still says you have to be nonprofit though!

Perhaps you're reading the first version of the bill? Or confusing HB 1284 with another bill? That provision was definitely removed.

Just like how it says NO POSSESSION withing 1000' of a school, AT ALL! Yet they claim THAT is just for growers and dispensaries. If it doesn't SAY this is just for growers and dispensaries IN THE BILL.

Again, I think you may be behind the times? Rep. Claire Levy (D-Boulder) amended the bill on Monday to remove that provision as well. Although the state had not released the new text of the bill last I checked, newspaper reports indicate that the 1000 foot rule no longer applies to patients or their homes. If the reports are correct, you should be able to live right next to a school, medicate in your house, and transport medicine without interference.

[HighPopalorum]

Here is a copy of the bill that is up to date as of this post:

http://www.leg.state.co.us/clics/cli...1284_C_001.pdf

I imagine the official version will follow shortly, as the bill is going on to the next committee.

[GratefulMeds]

Now it says you don't have to get a "FEDERAL" non-profit designation. It still says you have to be nonprofit though!

It's just another one of those open ended parts of this bill. To be decided while they prosecute you!:wtf:

Just like how it says NO POSSESSION withing 1000' of a school, AT ALL! Yet they claim THAT is just for growers and dispensaries. If it doesn't SAY this is just for growers and dispensaries IN THE BILL. It is for everyone! So a cop can watch you walk out of the non-school zone dispensary, then follow you until your in a school zone, and bust you!

I suggest everyone look at a map and figure out how, or IF!! You can even get home from a dispensary without entering a school zone.

Both of your issues were stricken from the bill.:thumbsup::thumbsup::thumbsup:

[GratefulMeds]

Perhaps you're reading the first version of the bill? Or confusing HB 1284 with another bill? That provision was definitely removed.



Again, I think you may be behind the times? Rep. Claire Levy (D-Boulder) amended the bill on Monday to remove that provision as well. Although the state had not released the new text of the bill last I checked, newspaper reports indicate that the 1000 foot rule no longer applies to patients or their homes. If the reports are correct, you should be able to live right next to a school, medicate in your house, and transport medicine without interference.

This is correct Claire Levy (D-Boulder,Gilpin,Clear Creek) removed both of these.:thumbsup::thumbsup::thumbsup:

[Vancefish]

I'd read last week that you still had to be a nonprofit. However because you CAN'T be an official nonprofit under federal law. That they dropped the federal part, However kept part of it to say you had to unofficially be a nonprofit. It does look to be gone now. As is the school zone possession. However it is still in the bill that a caregiver can't make any money from the MMJ!

I hunted for anything saying it was an updated version. So thanks for the link! :thumbsup:

If this is the law they are NOW trying to pass. I found the following.

You can be denied a growing license IF:

A PERSON WHOSE CRIMINAL HISTORY INDICATES THAT

HE OR SHE IS NOT OF GOOD MORAL CHARACTER;

or

(III) A CORPORATION, ANY OF WHOSE OFFICERS, DIRECTORS, OR
STOCKHOLDERS ARE NOT OF GOOD MORAL CHARACTER;

I couldn't find who decides, who is of good moral character??

Then it will also be illegal:

(h) TO BUY MEDICAL MARIJUANA FROM A PERSON NOT LICENSED
SELL AS PROVIDED BY THIS ARTICLE;
(i) TO SELL MEDICAL MARIJUANA EXCEPT IN THE PERMANENT
LOCATION SPECIFICALLY DESIGNATED IN THE LICENSE FOR SALE;
(j) TO HAVE ON THE LICENSED PREMISES ANY MEDICAL MARIJUANA
MARIJUANA PARAPHERNALIA THAT SHOWS EVIDENCE OF THE MEDICAL
MARIJUANA HAVING BEEN CONSUMED OR PARTIALLY CONSUMED; OR
(k) TO REQUIRE A MEDICAL MARIJUANA CENTER OR MEDICAL
MARIJUANA CENTER WITH AN OPTIONAL PREMISES CULTIVATION LICENSE
MAKE DELIVERY TO ANY PREMISES OTHER THAN THE SPECIFIC LICENSED
PREMISES WHERE THE MEDICAL MARIJUANA IS TO BE SOLD.


and (here's the NO PROFIT PART!):

(6) Patient - primary caregiver relationship. (a) A PERSON
SHALL BE LISTED AS A PRIMARY CAREGIVER FOR NO MORE THAN FIVE
PATIENTS ON THE MEDICAL MARIJUANA PROGRAM REGISTRY AT ANY GIVEN.

(d) A PRIMARY CAREGIVER MAY NOT CHARGE A PATIENT MORE
THAN THE COST OF CULTIVATING OR PURCHASING THE MEDICAL
MARIJUANA, BUT MAY CHARGE FOR CAREGIVER SERVICES.

Who decides how much it's worth? If you own a dispensary and are thus many persons caregiver, Does this not worry you? Who decides how much it cost to grow it? Will the state audit you in EVERY respect to find out what THEY think it's worth? OR will they account for your/my time cultivating it? Either way it plainly says you can't charge more then a fictitious guess at what they will decide it cost you. Then likely worry about this once it gets to court.

This sounds kinda iffy too:

(b) THE STATE HEALTH AGENCY MAY DENY A PATIENT'S OR
4 PRIMARY CAREGIVER'S APPLICATION FOR A REGISTRY IDENTIFICATION
5 CARD OR REVOKE THE CARD IF THE STATE HEALTH AGENCY, IN
6 ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S., DETERMINES THAT THE
7 PHYSICIAN WHO DIAGNOSED THE PATIENT'S DEBILITATING MEDICAL
8 CONDITION, THE PATIENT, OR THE PRIMARY CAREGIVER VIOLATED SECTION
9 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, THIS SECTION, OR THE
10 RULES PROMULGATED BY THE STATE HEALTH AGENCY PURSUANT TO THIS
11 SECTION; EXCEPT THAT A PATIENT'S APPLICATION OR REGISTRY
12 IDENTIFICATION CARD MAY ONLY BE DENIED OR REVOKED BASED ON A
13 PHYSICIAN'S VIOLATION THAT IS RELATED TO THE ISSUANCE OF A MEDICAL
14 MARIJUANA RECOMMENDATION.

That says to me they can deny you if they say the doctor was iffy about the diagnosis.

Oh how much I hate reading that stuff. It's horribly obvious they are TRYING to make the specifics quite unclear.

So, I can grow for my 3 family and friends(whom I've already discussed this with), myself and one other. Without getting a growing or dispensary license.

However I can never sell any excess to a dispensary, or anyone else! Because they(the dispensary) won't be able to buy it from me legally. Due to being forced to buy from ONLY other licensed dispensaries and licensed growers. Even then, they are limited to 30% maximum of their total sales coming from grows other then their own.

[HighPopalorum]

(6) Patient - primary caregiver relationship. (a) A PERSON
SHALL BE LISTED AS A PRIMARY CAREGIVER FOR NO MORE THAN FIVE
PATIENTS ON THE MEDICAL MARIJUANA PROGRAM REGISTRY AT ANY GIVEN.

(d) A PRIMARY CAREGIVER MAY NOT CHARGE A PATIENT MORE
THAN THE COST OF CULTIVATING OR PURCHASING THE MEDICAL
MARIJUANA, BUT MAY CHARGE FOR CAREGIVER SERVICES.

Who decides how much it's worth? If you own a dispensary and are thus many persons caregiver, Does this not worry you? Who decides how much it cost to grow it? Will the state audit you in EVERY respect to find out what THEY think it's worth? OR will they account for your/my time cultivating it? Either way it plainly says you can't charge more then a fictitious guess at what they will decide it cost you. Then likely worry about this once it gets to court.

I think I can clarify this... but my usual caveat applies: I'm not a lawyer, just a reader.

You've conflated the rules for MMCs (dispensaries) and caregivers, which are treated differently in the bill. Dispensaries are not obligated to sell at cost. That rule only applies to caregivers. If you want to sell your harvest to a dispensary, you're going to have to have some legal relationship with them, and you're going to be taxed on the profits you make. If you want to sell it directly to your patients, you must do so at cost, but you don't have to keep records or pay taxes... I think. I'll reread it tonight.

What's not going to be OK any more is caregivers signing up patients so they can grow a lot of plants on their behalf and then selling that medicine for a profit to retailers.

[Vancefish]

I think I can clarify this... but my usual caveat applies: I'm not a lawyer, just a reader.

You've conflated the rules for MMCs (dispensaries) and caregivers, which are treated differently in the bill. Dispensaries are not obligated to sell at cost. That rule only applies to caregivers. If you want to sell your harvest to a dispensary, you're going to have to have some legal relationship with them, and you're going to be taxed on the profits you make. If you want to sell it directly to your patients, you must do so at cost, but you don't have to keep records or pay taxes... I think. I'll reread it tonight.

What's not going to be OK any more is caregivers signing up patients so they can grow a lot of plants on their behalf and then selling that medicine for a profit to retailers.

Still screws up my plan!

I'd planned to GIVE my "patients"(whom are either family or LONG time friends) Whatever the largest of their three plants produced(per flowering cycle) for FREE! Also keeping any I needed for myself before the next cycle. Then selling the remainder to a dispensary to cover the costs for growing it and give me a small profit for my time. Plus my "patients" could take any excess from their "cut"(largest of their three), and sell that to a dispensary(MAYBE giving them a tiny profit as well!) Which will become illegal unless I become a "licensed" registered grower.

Thus I'll have to pay $5000 and wait approval. Costing me (thus them) an insane fee to even start. Then taxing only me for the entire thing. Add to that, they(leo) can come to my home to "inspect", whenever they want. Search for any used pipes or "smoking paraphernalia", And shut me down for smoking at home, or not having an "adequate" security system, or cameras.

So, to continue having my tiny grow at home. I have to give up my right to private property and allow government searches. OR, go rent a business address? Thus costing me, and my "patients" even MORE money?

OR

I can charge my patients(friends and family) whatever the government decides is a good price(not for profit)! Then just be stuck with any excess.

Well, it's sure nice of them to pull that! How fair and balanced it is, right? My patients get NO free meds and I get nothing for my labors.

No matter which way I turn. If I might make money(even just a little) no matter how honest and generous I am. The government ALWAYS regulates me into oblivion. Thus ruining any chance of success.

How exactly does this section help anyone in my position?

[copobo]

it also says two or more caregivers can't join together to grow.

So, If someone is a caregiver for 5 people, and their spouse is a patient & wants to grow, is this not allowed? Does one of the pair lose patients?

What if we were both caregivers in the same house? Which patients get kicked to the street?

this bill looks like it's set up to set people up. Wait till you see what happens to the price of weed now. Holy shit.

There are about to be 20,000 more people at the grow store.