Neeed a shop that doesnt make you wait 35 days

[denverbear]

So then to take this question a step further
how soon before your card expires do we need to send paperwork in...if mine expires the first of march when I renew if they get the paperwork back to me in under 35 days then I am ok but does that mean I could get shorted on my full year...expiring mar6 and if the new card is issued say feb 15 I would have lost about 3 weeks that I just gave the state extra money.

or if it takes more then say 35 days could there be a period when I may not be legal to buy...expiring date to whenever the card gets here ???

interesting thought here but then I am medicated and just thinking thru my fingers....but still wonder when I should go find a Dr. to renew since my last Dr. whats his name got in trouble this year....and does anyone have a decent Dr. in north area..thornton etc. under 100.00 bucks

[copobo]

does 1284 have the authority to regulate patients, given the rights protected in our Constitution?

It is a dispensary bill, yes?

[canaguy27]

You should actually read the constitution before you offer bad legal advice
It is the law.

I don't know who your lawyer is, but you should consider a new one. If you aren't paying one, perhaps you should.

lol. i did read it and have many times. Where does it say you have to wait in the Constitution? Show me.

Perhaps you should read it and stop relying on your overpaid attorney.

[canaguy27]

does 1284 have the authority to regulate patients, given the rights protected in our Constitution?

It is a dispensary bill, yes?

1284 is a dispensary bill. It cannot restrict the rights of the patients.

[SoCoMMJ]

lol. i did read it and have many times. Where does it say you have to wait in the Constitution? Show me.

(d) Except for patients applying pursuant to subsection (6) of this section, where the state health agency, within thirty-five days of receipt of an application, fails to issue a registry identification card or fails to issue verbal or written notice of denial of such application, the patient's application for such card will be deemed to have been approved.

Here is the Colorado State DOR interpretation of the 35 day ruling:
DOR 35 day ruling

Feel free to do what you want, but please be careful about leading others into believing that they are in compliance with the law when in fact they are not.

Failing to follow the advice of high paid lawyers is another bad idea you have come up with.

It's somewhat of invalid point now since they are getting the cards out within 35 days. If somebody doesn't get their card within that time, they were likely rejected [and illegal until resolved] for a clerical issue.

[SoCoMMJ]

1284 is a dispensary bill. It cannot restrict the rights of the patients.

You are correct, however you need to make the distinction between the patient's ability to buy, and the ability of a dispensary [or caregiver] to sell.

Once a patient has a doctor's rec, they are free to buy from the local street dealer if they want. They will likely survive a court experience given their ability to prove medical necessity. However, the dealer that sold it to him is liable for Felony Distribution and Sales.

Same with caregivers or dispensaries. The lack of an actual red card will only provide what is called and affirmative defense as long as you have a doctor's rec.

A criminal exception is what a patient gets when they posses a red card... it is VERY different than an affirmative defense.

Hope that makes sense

[TheReleafCenter]

The only part of the 35 day rule that has any teeth is if a patient is denied. The DoR can't do anything to you if they're eventually approved.

The registry has been issuing cards within two weeks, though, so we rarely accept paperwork in lieu of a physical card. I have a blog going up soon about card numbers relative to how fast cards are issued.

[canaguy27]

(d) Except for patients applying pursuant to subsection (6) of this section, where the state health agency, within thirty-five days of receipt of an application, fails to issue a registry identification card or fails to issue verbal or written notice of denial of such application, the patient's application for such card will be deemed to have been approved.

Here is the Colorado State DOR interpretation of the 35 day ruling:
DOR 35 day ruling

Read the link you posted. It specifically says that amendment 20 does not address the 35 day rule, look under "discussion". It is when you mix 1284 and amendment 20 that they get the 35 day rule. 1284 says you need a redcard to purchase. a20 says that the cdphe has 35 days to decline you, after that, you are approved. Since there is a possibility to be declined in the first 35 days, their thought is to just deny you your medicine. What if it were insulin?

Anyways, I see where you are coming from. I still think it could be fought in court, but like you said, they are issuing before the 35 days.

[TheReleafCenter]

This has little to nothing to do with 1284. It's all about the state wanting their money.

There were a few patients and caregivers who never submitted their applications (and $90 check or money order) to the state, trying to pass off their paperwork as legitimate. This created a problem for centers (who were selling illegally) and the state (who wasn't getting their sweet $90 rip from each patient).

Language "securing" the payment then became necessary. Even new CDPHE forms now recommend submitting certified mail. Now that an application rarely takes longer than two weeks to process, it shouldn't be an issue.

Not that it does much good. You can send a bill TO the CDPHE for $90 and still get the same return slip. We're no longer confident in recommendations/applications for this very reason.

[MEDEDCANNABIS]

I hate the way it always seems to work out you try and follow the rules and half your competition does not bother to. then somebody eventually tries to shoot you down in flames for doing what is right (At The Moment, anybody with any brains can see this is still super fluid, the State has some things to work out). The 35 day thing is the law, is it stupid? yes. Does it hurt Business? Yes. does that mean you should break it? No! If you waited this long bro you can surely wait another 35 days. I would take copo's advice for now to get you through or just keep going to your local smoke dealer, hell they got to eat too!:thumbsup::thumbsup::thumbsup:

id say its volatile and that fluid you speak of is gasoline. i predict at the next presidential election youll see the weather change on all of this...and not for the better. as for discussing who breaks the law on an open forum, thats unacceptable.