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CO Amendement 20 Question

sac beh

sac beh

Member
I need opinions on how to interpret this part. Anyone who has a lawyer that has interpreted it for them?

Colorado Constitution, Article XVIII, Section 14, paragraph 3 (d) states:

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. Receipt shall be deemed to have occurred upon delivery
to the state health agency, or deposit in the United States mails.
Notwithstanding the foregoing, no application shall be deemed
received prior to June 1, 1999. A patient who is questioned by any
state or local law enforcement official about his or her medical use
of marijuana shall provide a copy of the application submitted to the
state health agency, including the written documentation and proof
of the date of mailing or other transmission of the written
documentation for delivery to the state health agency, which shall
be accorded the same legal effect as a registry card, until such time
as the patient receives notice that the application has been denied.
Click to expand...

I can't decide if it is saying:
1) A copy of the application plus proof of mailing can be used in place of the card until notice is received, e.g., someone who just submitted their application can legally possess, etc.
OR
2) A copy of the application plus proof mailing can be used ONLY AFTER 35 DAYS OF NO NOTICE FROM CDPHE

Different dispensaries have different policies about taking patients with only the Doc's rec and application. Which is it?
 
sac beh

sac beh

Member
Thanks for the opinions. Sounds like people are saying #1. That quote was direct from the state's Where's my card? doc. But at least one person has told me it means the application provides legal status only after a 35-day period has passed (the state's deadline for reporting denials). Not a big deal, but when the turn-around is approaching 3 months, it matters.
 
SacredBreh

SacredBreh

Member
It is not only that section that protects you.....

It is not only that section that protects you.....

Technically.... you do not need a registry card to qualify under the amendment to use medical as an affirmative defense; although, it is highly adviseable.

The registry can only deny your paper work as long as it is complete for 3 reasons:
1. You are not a resident of Colorado
2. Your physician, meaning MD or DO, is not licensed to practice in the state of Colorado
or
3. There is some type of fraud involving the medical records or paper work submitted to the registry.

The physician's written recommendation is enough in and of itself to meet the needs of satisfying Amendment 20's conditions. This is not to say I am recommending not to fullfill your regulatory obligation to go ahead and register. A case example is the Marine in Denver who was growing for medical needs... he did not currently hold a card at the time of his leo issue but still met the Amendment 20 requirements and was able to present Medical sucessfully as an affirmative defense.

Peace
 
P

pikes peak 69

Active member
Thank You!!!
Another one that understands the law.

pp69

SacredBreh said:
Technically.... you do not need a registry card to qualify under the amendment to use medical as an affirmative defense; although, it is highly adviseable.

The registry can only deny your paper work as long as it is complete for 3 reasons:
1. You are not a resident of Colorado
2. Your physician, meaning MD or DO, is not licensed to practice in the state of Colorado
or
3. There is some type of fraud involving the medical records or paper work submitted to the registry.

The physician's written recommendation is enough in and of itself to meet the needs of satisfying Amendment 20's conditions. This is not to say I am recommending not to fullfill your regulatory obligation to go ahead and register. A case example is the Marine in Denver who was growing for medical needs... he did not currently hold a card at the time of his leo issue but still met the Amendment 20 requirements and was able to present Medical sucessfully as an affirmative defense.

Peace
Click to expand...
 
T

tokinGLX

Member
i got my recommendation on sept 9, about a month later i got my application back in the mail because the notary was the same person that was listed as my caregiver. got that remedied and sent back out, now waiting once more.
 
funkfingers

funkfingers

Long haired country boy
Veteran
Kinda off topic but still relates, If you are only allowed to have 2 oz, what are the guidelines for edibles? Do they weigh the edibles? If not how can they tell how much medicine is in each one. If anyone has an answer to this would be much appreciated....
 
P

pikes peak 69

Active member
As far as edibles are concerned, Attorneys have told me to keep track of all ingredients and be able to calculate what's in them.
As an example:
If I make butter with 4 0z of MMJ in a 1 lb of butter. Then I take 1/2 lb of butter and a recipe and make 48 cookies. The MMJ content of each cookie would be:
112g into 16 oz Butter = 56g in 1/2 butter,
then 56g divided by 48 cookies = 1.16g per cookie is MMJ.

Hope that helps
pp69


funkfingers said:
Kinda off topic but still relates, If you are only allowed to have 2 oz, what are the guidelines for edibles? Do they weigh the edibles? If not how can they tell how much medicine is in each one. If anyone has an answer to this would be much appreciated....
Click to expand...
 
P

pikes peak 69

Active member
Pretty sad that a Notary doesn't know the law when it comes to being a Notary. Can't be a party in anything that you Notarize.

pp69

tokinGLX said:
i got my recommendation on sept 9, about a month later i got my application back in the mail because the notary was the same person that was listed as my caregiver. got that remedied and sent back out, now waiting once more.
Click to expand...
 
sac beh

sac beh

Member
Followup to my Amend. 20 question: if I want to change my caregiver (I originally selected None), is it worth sending in the change form now even without the registration card yet? Or might it just fall into a blackhole and I should wait for the card first? I am past the 35-day period which I guess is considered an approval.
 
R

Red Bear

Active member
Yep,yep

Yep,yep

IMO yes do send in your change of CG form if it has been 35 days+...

QUESTION:
Where do people go to get notarized?
I was trying to find a place in wheatridge area close to THCF and got told NO and was not warmly accepted at a BANK and A CREDIT UNION. my third try I got lucky at a little copy and ship type place but the gentleman there was somewhat hesitant and confused looking he did it...
Where did you get notarized?

After reading what pikes peak said i would prob not wanna let anybody working at the clinic/dispensary notarize mine were it offered...
 
sac beh

sac beh

Member
Red Bear said:
After reading what pikes peak said i would prob not wanna let anybody working at the clinic/dispensary notarize mine were it offered...
Click to expand...

My caregiver had a notary on staff to notarize the caregiver form, apart from the caregiver.

I would be more worried about notarization of the recommendation/application form. They are checking those closely for any flag that could be used to deny.
 
S

Surrender

Member
Red Bear said:
IMO yes do send in your change of CG form if it has been 35 days+...

QUESTION:
Where do people go to get notarized?
I was trying to find a place in wheatridge area close to THCF and got told NO and was not warmly accepted at a BANK and A CREDIT UNION. my third try I got lucky at a little copy and ship type place but the gentleman there was somewhat hesitant and confused looking he did it...
Where did you get notarized?

After reading what pikes peak said i would prob not wanna let anybody working at the clinic/dispensary notarize mine were it offered...
Click to expand...


Any law firm probably has a couple notary paralegals on staff.
 
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