Colorado caregiver rights

[Lord Doobie]

After naming a dispensary their primary caregiver, several claim to be able to go to any dispensary they wish. I thought they had to have their caregiver set to NONE to do this...
What am I missing?
Thx

 

[funkfingers]

You can obtain your meds anywhere, it doesn't have to be from your primary caregiver.

 

[Lord Doobie]

but if a caregiver is named, the right to grow is forfeited, right?
thx

 

[funkfingers]

That is correct. The only way you can grow if you name a caregiver, is if someone names you their caregiver.

 

[Lord Doobie]

http://thestrainman.blogspot.com/2009/08/what-is-medical-marijuana-caregiver-and.html
thx

 

[snowschool]

Have to disagree. If you grow, and can't grow enough to support your personal medical needs, then you legally can still obtain mmj through a caregiver, who in turn has the right to grow on your be-half so he has medicine to give you. If what you say is true, then most dispensary's lawyers would advise them not to sell clones to their patients. My source of info that contributes to my opinion on this one is a conversation with a client of a very well known colorado mmj lawyer.

 

[funkfingers]

The place I work will not sell clones to our patients unless they are a caregiver for another person. This advice was given to us through our lawyer.

 

[snowschool]

The place I work will not sell clones to our patients unless they are a caregiver for another person. This advice was given to us through our lawyer.

This is obviously a "grey area" of the law, and different attorneys may offer different advice on how to proceed... Having said that I'm not sure where you work but this is not the practice of the majority of shops in the state and definitely would not be if there was not a viable argument for its legality. You guys should call Rob C. and see what he says. I've bought clones from 7 different shops in the Colorado, never even been asked if I was a caretaker- I think if this was not a safe practice then it would not be happening everywhere. I would love to heat any info anyone has to toss in on this, but I really think your shop has rare practice in this subject.

 

[funkfingers]

Better Safe than sorry.....

 

[cobcoop]

Everything I have seen indicates that funk is correct.

 

[snowschool]

Everything I have seen indicates that funk is correct.

I don't think that this is a yes or no answer cobcoop. There are some good comments in the link that Lord Doobie posted -http://thestrainman.blogspot.com/2009/08/what-is-medical-marijuana-caregiver-and.html- The fact is it is a grey area and I suppose it is safer not to bet on anything. However, unless your 6 plants are in the same location as your caregivers, its a pretty small chance that they are going to come count your and your caregivers plants at the exact same time at separate locations.... Think about it.... Also- unless you are drawing major attention to yourself no one could care less about your personal 6 plants- Some areas are different then others but here was an article about the cops in my county. This guy in Breck is lucky the feds didn't come on this one... More then 99 plants is a big no no no no no no.....

http://www.summitdaily.com/article/20091026/NEWS/910259987/1078&ParentProfile=1055

The point is that they are no more sure how grey areas of the law will hold up in court then we are and it kind of depends on department and jurisdiction. The other point is that if you live in an area where there are a lot of card holders, your personal grow is probably the smallest on your block and the sheriff would probably think its cute. Freedom is not anything to take for granted and I do understand and respect a cautious opinion on this.

 

[guest123]

The place I work will not sell clones to our patients unless they are a caregiver for another person. This advice was given to us through our lawyer.

Another friend of mine who uses Edson as their attorney has said that he advises grows with greater than 99 plants are OK, as long as each plant is labeled and only 80 - 90 plants at most have one person's name on them, in an attempt to address federal laws. Seems kinda sketchy to me though....

Also, seems like a caregiver could grow 3 plant and a patient 3 and they would be within their rights.... and that is a functional situation for some folks.

 

[canaguy27]

That is correct. The only way you can grow if you name a caregiver, is if someone names you their caregiver.

I disagree. You AND you caregiver can both grow your plants as long as you don't go over your limit. The caregiver could grow 3 and you 3 as long as one was in veg and the other in flower unless you can grow more.

 

[funkfingers]

That's true I shouldn't have said "only" I meant if you assign someone as your caregiver and their growing your 6 plants, you cannot grow 6 plants as well unless someone names you as their caregiver..

 

[Hash Zeppelin]

I love the fact that this conversation is even able to go on in CO. In my state one clone equals 5 year minimum sentence.

 

[snowschool]

I love the fact that this conversation is even able to go on in CO. In my state one clone equals 5 year minimum sentence.

That sucks.

 

[cobcoop]

I disagree. You AND you caregiver can both grow your plants as long as you don't go over your limit. The caregiver could grow 3 and you 3 as long as one was in veg and the other in flower unless you can grow more.

yeah my bad, I didn't think of that scenario.