Quote Originally Posted by COzigzag
An affirmative defense is basically an excuse defense. Yes, I committed the crime and here is why...I have an CO MMJ license...The CO Constitution states I can do so...etc.

In this case, there is no 'crime' committed because there is no standard in place saying it is a crime.

HB 10-1284 states you can have more than 5 patients in exceptional circumstances. CDPHE is saying we have no standards to determine an exceptional circumstance so it's business as usual until the standards are set.

The CDPHE has not had a rule-making hearing on exceptional circumstances for having more than 5 patients.

The CDPHE is required to have a rule-making hearing before they can impose standards.

Since there are no standards in place, CDPHE is essentially telling caregivers/patients that they are responsible for determining if the caregiver/patient relationship will continue until such time as the standard is put in place.

They can't force a rule (standard) that doesn't exist yet. When will it exist...who knows?

Just another example of the cart before the horse.
I would be very concerned moving forward if I had a large scale grow, like barkowitz, and had more than 5 patients. People who are small scale don't have anything to worry about.

However, it's going to be VERY difficult for caregivers (5 patient max) to make any money unless they pay to play and become an MMC.

I know of a small MMC that is 3 growers, 50 patients, and top quality meds. All 3 from boulder, all 3 lifelong growers/hippy's, and they paid the licensing fee. This is the type of MMC that we agree should be around I think.