And now it begins....

[Nosmo33]

Can somebody please direct me, page maybe, to where in HB 1284 the edibles recommendations are now recognized. A link would be great.

Thanx

An amount in excess of 6 plants or 2 ozs. may now be recognized, but please read this carefully and understand that medical confidentiality is waived.

(10) Affirmative defense. IF A PATIENT OR PRIMARY CAREGIVER
RAISES AN AFFIRMATIVE DEFENSE AS PROVIDED IN SECTION 14 (4) (b) OF
ARTICLE XVIII OF THE STATE CONSTITUTION, THE PATIENT'S PHYSICIAN
SHALL CERTIFY THE SPECIFIC AMOUNTS IN EXCESS OF TWO OUNCES THAT ARE
NECESSARY TO ADDRESS THE PATIENT'S DEBILITATING MEDICAL CONDITION
AND WHY SUCH AMOUNTS ARE NECESSARY. A PATIENT WHO ASSERTS THIS
AFFIRMATIVE DEFENSE SHALL WAIVE CONFIDENTIALITY PRIVILEGES RELATED
TO THE CONDITION OR CONDITIONS THAT WERE THE BASIS FOR THE
RECOMMENDATION. IF A PATIENT, PRIMARY CAREGIVER, OR PHYSICIAN
RAISES AN EXCEPTION TO THE STATE CRIMINAL LAWS AS PROVIDED IN
SECTION 14 (2) (b) OR (c) OF ARTICLE XVIII OF THE STATE CONSTITUTION,
THE PATIENT, PRIMARY CAREGIVER OR PHYSICIAN WAIVES THE
CONFIDENTIALITY OF HIS OR HER RECORDS RELATED TO THE CONDITION OR
CONDITIONS THAT WERE THE BASIS FOR THE RECOMMENDATION MAINTAINED
BY THE STATE HEALTH AGENCY FOR THE MEDICAL MARIJUANA PROGRAM.
UPON REQUEST OF A LAW ENFORCEMENT AGENCY FOR SUCH RECORDS, THE
STATE HEALTH AGENCY SHALL ONLY PROVIDE RECORDS PERTAINING TO THE
INDIVIDUAL RAISING THE EXCEPTION, AND SHALL REDACT ALL OTHER
PATIENT, PRIMARY CAREGIVER, OR PHYSICIAN IDENTIFYING INFORMATION.

Department of Revenue - Enforcement Group:Laws and Regulations

[PolishPotFarmer]

An amount in excess of 6 plants or 2 ozs. may now be recognized, but please read this carefully and understand that medical confidentiality is waived.

(10) Affirmative defense. IF A PATIENT OR PRIMARY CAREGIVER
RAISES AN AFFIRMATIVE DEFENSE AS PROVIDED IN SECTION 14 (4) (b) OF
ARTICLE XVIII OF THE STATE CONSTITUTION, THE PATIENT'S PHYSICIAN
SHALL CERTIFY THE SPECIFIC AMOUNTS IN EXCESS OF TWO OUNCES THAT ARE
NECESSARY TO ADDRESS THE PATIENT'S DEBILITATING MEDICAL CONDITION
AND WHY SUCH AMOUNTS ARE NECESSARY. A PATIENT WHO ASSERTS THIS
AFFIRMATIVE DEFENSE SHALL WAIVE CONFIDENTIALITY PRIVILEGES RELATED
TO THE CONDITION OR CONDITIONS THAT WERE THE BASIS FOR THE
RECOMMENDATION. IF A PATIENT, PRIMARY CAREGIVER, OR PHYSICIAN
RAISES AN EXCEPTION TO THE STATE CRIMINAL LAWS AS PROVIDED IN
SECTION 14 (2) (b) OR (c) OF ARTICLE XVIII OF THE STATE CONSTITUTION,
THE PATIENT, PRIMARY CAREGIVER OR PHYSICIAN WAIVES THE
CONFIDENTIALITY OF HIS OR HER RECORDS RELATED TO THE CONDITION OR
CONDITIONS THAT WERE THE BASIS FOR THE RECOMMENDATION MAINTAINED
BY THE STATE HEALTH AGENCY FOR THE MEDICAL MARIJUANA PROGRAM.
UPON REQUEST OF A LAW ENFORCEMENT AGENCY FOR SUCH RECORDS, THE
STATE HEALTH AGENCY SHALL ONLY PROVIDE RECORDS PERTAINING TO THE
INDIVIDUAL RAISING THE EXCEPTION, AND SHALL REDACT ALL OTHER
PATIENT, PRIMARY CAREGIVER, OR PHYSICIAN IDENTIFYING INFORMATION.

Department of Revenue - Enforcement Group:Laws and Regulations

Thank you so much Nosmo, you have helped me so much today ! Does this site have +rep or a thanks for post or anything?

[SerenityMoon]

You should be fine. I feel badly for the folks that missed the July 9th deadline. What a mess.

Hello, what is the "july 9th deadline?" I thought after you got a rec that you had 60 days to send it in????

What if people got a rec on 6/30????? Thanks

[denverbear]

I just noticed he was my doctor out in North Glen at the dispensary at 92/federal back in October...I know I have so much wrong with me and am on disability but should I be worried about whether I am really legal or not? should I go see another Dr. in the meantime to protect myself?

[copobo]

HEY MATT

How is it you don't know what is in this damn bill?

[showstopper]

Thats the doctor that wrote my rec. on nov 26, still no card. Does anyone think that they(co) held on to all his rec's and and gave them to the LEO for the case against him? And all my info is in the hands of.....?

[Nosmo33]

Hello, what is the "july 9th deadline?" I thought after you got a rec that you had 60 days to send it in????

What if people got a rec on 6/30????? Thanks

New application and certification forms were released July 1. "Old" forms recieved after July 9th will be returned to patients (months from now). This press release is on the CDPHE website, but not the Registry homepage.

http://www.cdphe.state.co.us/release/2010/063010.pdf

Bogus in my opinion. I said a few months ago I think patients should file a class action lawsuit against the state, and I still think that. The back log is in direct conflict with Ammendmant 20 mandates as far as time lines, 35 days anyone??? Again the back log leaves patients not only vulnerable (private health info. on your temp. paperwork),but potentially in legal jeporady as well. It's flat out wrong.

[copobo]

you are right. they should just take every app over 35 days old and expedite it. no need to check it for form or the doctors license, etc. just issue the card. THAT would be compliance with Amendment 20.

[TheAllDayToker]

New application and certification forms were released July 1. "Old" forms recieved after July 9th will be returned to patients (months from now). This press release is on the CDPHE website, but not the Registry homepage.

http://www.cdphe.state.co.us/release/2010/063010.pdf

Bogus in my opinion. I said a few months ago I think patients should file a class action lawsuit against the state, and I still think that. The back log is in direct conflict with Ammendmant 20 mandates as far as time lines, 35 days anyone??? Again the back log leaves patients not only vulnerable (private health info. on your temp. paperwork),but potentially in legal jeporady as well. It's flat out wrong.

Were all of the doctors a aware? Are there a lot of patients going back and getting back-dated recs on new forms from those doctors now? Doesn't make sense for them not to accept them...?

[Nosmo33]

Can somebody please direct me, page maybe, to where in HB 1284 the edibles recommendations are now recognized. A link would be great.

Thanx

I emailed the dept. of health about this, my response for what it's worth,





"While the new law offers clarity to the Affirmative Defense of cultivating more plants than the legal limit of 6 per patient, it does not exactly license anyone to do so. The Affirmative Defense arises when a patient or care-giver has been charged with a crime. A Physician may recommend a higher plant count for their patient, however, the Registry has no special licensing issuance for such a Certification. Essentially we do not recognize higher plant count recommendations, we merely place such recommendations in our confidential registry allowing for patients and/or care-givers to access their records if necessary. Hope that answers your question. Have a good day."