Bend Over: HB-1143 gets worse

[copobo]

as we knew it would

HB11-1043 New Draft as of 1/25/11

"
The new draft of HB11-1043 is floating around. Not a whole lot of positive things to say about this draft.

1) Continued moratorium for another year, unless you are already in the industry.
2) No minority out of state ownership.
3) Felony cultivators are forever banned (not so for possession or sales).
4) Grows are no longer confidential.
5) No help for caregivers and they have to register with the state.
6) No reciprocity for out of state patients.
7) A 500 plant cap on IPM related OPCOs.
8) The Dr issue is not fixed

There is:
1) Clones becomes plants at 8 inches.
2) Employees and managers clearly have a different set of residency and background requirements.
3) Below cost sales are allowed to indigent patients.
4) An MMC owner with multiple retail locations can have a common grow.
5) IPMs can take their product to a lab.
6) Release of medical records by a private company is a class 1 misdemeanor.

Overall a lot more bad than good.
"

copobo Reviewed by copobo on 02-01-2011. Bend Over: HB-1143 gets worse as we knew it would HB11-1043 New Draft as of 1/25/11 " The new draft of HB11-1043 is floating around. Not a whole lot of positive things to say about this draft. 1) Continued moratorium for another year, unless you are already in the industry. 2) No minority out of state ownership. 3) Felony cultivators are forever banned (not so for possession or sales). Rating: 5

[ottistoys]

thanks for the info !!

[porone]

I not fond of what the state has done so far with 1284 and 109 It has hurt many in different ways but so far this 1043 may not be so bad.But give them time and they can screw up a wet dream.I cut this off the state web site

The bill creates 2 new classes of medical marijuana licenses:
! A primary caregiver cultivation license, which gives a
primary caregiver who has received a waiver to serve more
than 5 patients or who grows more than 30 plants at a time
the authority to grow medical marijuana only for his or her
patients or for the patients of another primary caregiver, if
the licensee has been delegated authority over the patients.

so far it looks like small caregivers will be left alone?

[canaguy27]

do not give into the regulatory scheme. ask mmc owners how they like the state having power of attorney over them.

stick and abide by am20.

[copobo]

the plan now is to go after registration of caregivers. This has changed since their first release. That's what happens, the first draft is to calm the masses then they take any sense right out of it and vote on it.

[HighPopalorum]

You can read it at the legislature's site. They've got a marked up copy, which I assume is current. (Click on HB11-1043 for the PDF)

[porone]

do not give into the regulatory scheme. ask mmc owners how they like the state having power of attorney over them.

stick and abide by am20.

Im with you all the way:jointsmile:

[shackhouser]

I was reading this post and decided to read through the bill as I wanted to know how it affected caregivers. I saw some earlier posts in another thread where people were stating that with the passage of HB-1284, caregivers could no longer receive any profits from the medicine they were providing to their patients, however the wording in HB-11 1043 states this:

12-43.3-405. Primary caregiver cultivation license. A PRIMARY
7 CAREGIVER CULTIVATION LICENSE MAY BE ISSUED ONLY TO A PRIMARY
8 CAREGIVER WHO IS REGISTERED WITH THE STATE HEALTH AGENCY
9 PURSUANT TO SECTION 25-1.5-106,C.R.S., WHO HAS RECEIVED A WAIVER
10 FROM THE STATE HEALTH AGENCY TO SERVE MORE THAN FIVE PATIENTS
11 OR WHO GROWS MORE THAN THIRTY MEDICAL MARIJUANA PLANTS AT A
12 TIME, AND WHO GROWS AND CULTIVATES MEDICAL MARIJUANA FOR THOSE
13 PATIENTS. A PRIMARY CAREGIVER CULTIVATION LICENSEE SHALL NOT
14 PROVIDE OR SELL ANY CULTIVATED MEDICAL MARIJUANA TO ANYONE
15 OTHER THAN HIS OR HER PATIENTS OR THE PATIENTS OF ANOTHER PRIMARY
16 CAREGIVER IF THE PRIMARY CAREGIVER HAS BEEN DELEGATED AUTHORITY
17 OVER THE PATIENTS PURSUANT TO SECTION 25-1.5-106 (7), C.R.S.

Is this to be interpreted that if you want to turn a profit from selling medicine to your patients who have designated you their primary care-giver, you need to be not just a primary care-giver but to obtain the waiver and get the PRIMARY CAREGIVER CULTIVATION LICENSE from the state???

[canniwhatsis]

I was reading this post and decided to read through the bill as I wanted to know how it affected caregivers. I saw some earlier posts in another thread where people were stating that with the passage of HB-1284, caregivers could no longer receive any profits from the medicine they were providing to their patients, however the wording in HB-11 1043 states this:

12-43.3-405. Primary caregiver cultivation license. A PRIMARY
7 CAREGIVER CULTIVATION LICENSE MAY BE ISSUED ONLY TO A PRIMARY
8 CAREGIVER WHO IS REGISTERED WITH THE STATE HEALTH AGENCY
9 PURSUANT TO SECTION 25-1.5-106,C.R.S., WHO HAS RECEIVED A WAIVER
10 FROM THE STATE HEALTH AGENCY TO SERVE MORE THAN FIVE PATIENTS
11 OR WHO GROWS MORE THAN THIRTY MEDICAL MARIJUANA PLANTS AT A
12 TIME, AND WHO GROWS AND CULTIVATES MEDICAL MARIJUANA FOR THOSE
13 PATIENTS. A PRIMARY CAREGIVER CULTIVATION LICENSEE SHALL NOT
14 PROVIDE OR SELL ANY CULTIVATED MEDICAL MARIJUANA TO ANYONE
15 OTHER THAN HIS OR HER PATIENTS OR THE PATIENTS OF ANOTHER PRIMARY
16 CAREGIVER IF THE PRIMARY CAREGIVER HAS BEEN DELEGATED AUTHORITY
17 OVER THE PATIENTS PURSUANT TO SECTION 25-1.5-106 (7), C.R.S.

Is this to be interpreted that if you want to turn a profit from selling medicine to your patients who have designated you their primary care-giver, you need to be not just a primary care-giver but to obtain the waiver and get the PRIMARY CAREGIVER CULTIVATION LICENSE from the state???

Correct, however that passage seems to only apply to caregivers with more than 5 patients or more than 30 plants.

Small caregivers are still limited to 5 patients, and a max of 6 plants per, so 30 plants.

[copobo]

they will be cataloging caregivers. and people will line up to sell their souls.