Dispensaries = unlimited grow rights

[colagal]

Met w/ the lawyer today, and from what we understand... you can grow whatever you want to as a dispensary under 1284.

Patients are out. Dispensaries are no longer caregivers. You just have to prove where you got what you got and who it went out the door to. The number of patients you serve will (likely) determine how much money you have to pay to the state. I say likely because it's not clear whether there will be a sliding scale or not.

Was this everyone else's understanding of the bill?

Doesn't make sense. Why would the fee paid to the state be based upon patient load if dispensaries are no longer caregivers and patients are out? Patients are what? Customers? Dispensaries have to track how many customers they have?

[TheReleafCenter]

Doesn't make sense. Why would the fee paid to the state be based upon patient load if dispensaries are no longer caregivers and patients are out? Patients are what? Customers? Dispensaries have to track how many customers they have?

If they went to a scaled model, then yes. The issue is that the Department of Revenue has to set their budget based on how much the program will cost to implement. So the more patients a dispensary serves, the higher the cost to check where all the meds went.

You can shop at multiple dispensaries if you want to. Patients can also grow for themselves as well as name a caregiver.

The registry will honor higher plant counts, but again, it's incumbent on the patient to prove they need those higher plant counts.

My issue with the whole DEA debate is this: if the state is taking money from medical marijuana dispensaries, doesn't that make them an accessory?

[COzigzag]

Look at the definition of "medical use" in Amendment 20:

(b) "Medical use" means the acquisition, possession, production, use, or transportation of marijuana or paraphernalia related to the administration of such marijuana to address the symptoms or effects of a patient's debilitating medical condition, which may be authorized only after a diagnosis of the patient's debilitating medical condition by a physician or physicians, as provided by this section.

HB10-1284 did not redefine this and it actually refers to "medical use" in this bill.

Unless, of couse, I missed it somewhere.

[Colodonmed]

If they went to a scaled model, then yes. The issue is that the Department of Revenue has to set their budget based on how much the program will cost to implement. So the more patients a dispensary serves, the higher the cost to check where all the meds went.

You can shop at multiple dispensaries if you want to. Patients can also grow for themselves as well as name a caregiver.

The registry will honor higher plant counts, but again, it's incumbent on the patient to prove they need those higher plant counts.

My issue with the whole DEA debate is this: if the state is taking money from medical marijuana dispensaries, doesn't that make them an accessory?

Hi Releaf, with all due respect where did you read this. You can shop at multiple dispensaries? If a patient, caregiver and mmc still have to stay within the 6 plant 2 oz. limit why would a center agree to have a patient that grows for themselves as the plant limit remains unchanged, no matter who is growing it. If a center has a patient that designates the center as well as themselves for cultivation, the limit is still 6 plants and 2 oz. per patient. The current law under amendment 20 also allows for a patient to grow their own along with a caregiver but they still had to stay at the 6 plant limit, but now under 1284, the dept of rev. will now enforce that aspect in a very serious way I feel. That's my take after reading the bill ( if that is the final bill ) Peace to you!

[TheReleafCenter]

Hi Releaf, with all due respect where did you read this. You can shop at multiple dispensaries? If a patient, caregiver and mmc still have to stay within the 6 plant 2 oz. limit why would a center agree to have a patient that grows for themselves as the plant limit remains unchanged, no matter who is growing it. If a center has a patient that designates the center as well as themselves for cultivation, the limit is still 6 plants and 2 oz. per patient. The current law under amendment 20 also allows for a patient to grow their own along with a caregiver but they still had to stay at the 6 plant limit, but now under 1284, the dept of rev. will now enforce that aspect in a very serious way I feel. That's my take after reading the bill ( if that is the final bill ) Peace to you!

I heard that from our lawyer, Warren Edson, but upon searching the bill myself came across this:

"TO POSSESS MORE THAN SIX MEDICAL MARIJUANA PLANTS AND
3 TWO OUNCES OF MEDICAL MARIJUANA FOR EACH PATIENT WHO HAS
4 REGISTERED THE CENTER AS HIS OR HER PRIMARY CENTER PURSUANT TO
5 SECTION 25-1.5-106 (6) (f), C.R.S.; EXCEPT THAT AMEDICALMARIJUANA
6 CENTER MAY HAVE AN AMOUNT THAT EXCEEDS THE SIX-PLANT AND
7 TWO-OUNCE PRODUCT PER PATIENT LIMIT IF THE CENTER SELLS TO
8 PATIENTS THAT ARE AUTHORIZED TO HAVE MORE THAN SIX PLANTS AND
9 TWO OUNCES OF PRODUCT. IN THE CASE OF A PATIENT AUTHORIZED TO
10 EXCEED THE SIX-PLANT AND TWO-OUNCE LIMIT, THE CENTER SHALL
11 OBTAIN DOCUMENTATION FROM THE PATIENT'S PHYSICIAN THAT THE
12 PATIENT NEEDS MORE THAN SIX PLANTS AND TWO OUNCES OF PRODUCT."

There may be a part that negates this. Warren is a lot smarter than I am. I'm waiting for an email back.

[Kartel]

Edson said you could shop somewhere else than your primary caregiver under 1284???

Interesting.

[Colodonmed]

I heard that from our lawyer, Warren Edson, but upon searching the bill myself came across this:

"TO POSSESS MORE THAN SIX MEDICAL MARIJUANA PLANTS AND
3 TWO OUNCES OF MEDICAL MARIJUANA FOR EACH PATIENT WHO HAS
4 REGISTERED THE CENTER AS HIS OR HER PRIMARY CENTER PURSUANT TO
5 SECTION 25-1.5-106 (6) (f), C.R.S.; EXCEPT THAT AMEDICALMARIJUANA
6 CENTER MAY HAVE AN AMOUNT THAT EXCEEDS THE SIX-PLANT AND
7 TWO-OUNCE PRODUCT PER PATIENT LIMIT IF THE CENTER SELLS TO
8 PATIENTS THAT ARE AUTHORIZED TO HAVE MORE THAN SIX PLANTS AND
9 TWO OUNCES OF PRODUCT. IN THE CASE OF A PATIENT AUTHORIZED TO
10 EXCEED THE SIX-PLANT AND TWO-OUNCE LIMIT, THE CENTER SHALL
11 OBTAIN DOCUMENTATION FROM THE PATIENT'S PHYSICIAN THAT THE
12 PATIENT NEEDS MORE THAN SIX PLANTS AND TWO OUNCES OF PRODUCT."

There may be a part that negates this. Warren is a lot smarter than I am. I'm waiting for an email back.

I am no lawyer either so I just do the best I can and rely on them folks to set this thing straight for us, but that said I still think the relevant language in that paragraph is on lines 3 and 4 " for each patient who has REGISTERED THE CENTER as his or her primary center " good luck man! peace

[TheReleafCenter]

I agree with you, it seems crystal clear. Little miffed about this, hopefully Warren has something good to say. He didn't answer the bat phone...

[TheReleafCenter]

Edson said you could shop somewhere else than your primary caregiver under 1284???

Interesting.

(f) AT THE TIME A PATIENT APPLIES FOR INCLUSION ON THE
2 CONFIDENTIAL REGISTRY, THE PATIENT SHALL INDICATE WHETHER THE
3 PATIENT INTENDS TO CULTIVATE HIS OR HER OWN MEDICAL MARIJUANA,
4 BOTH CULTIVATE HIS OR HER OWN MEDICAL MARIJUANA AND OBTAIN IT
5 FROM EITHER A PRIMARY CAREGIVER OR LICENSED MEDICAL MARIJUANA
6 CENTER, OR INTENDS TO OBTAIN IT FROM EITHER A PRIMARY CAREGIVER
7 OR A LICENSEDMEDICALMARIJUANA CENTER. IF THE PATIENT ELECTS TO
8 USE A LICENSED MEDICAL MARIJUANA CENTER, THE PATIENT SHALL
9 REGISTER THE PRIMARY CENTER HE OR SHE INTENDS TO USE.

[Zedleppelin]

Edson also says caregiver to caregiver sales are illegal (before this bill) and sales to dispensaries are illegal. He is also saying it is illegal to grow in your house, I dont trust anything the guy says.