Colorado MMJ License ?'s

[Surrender]

how do you explain the patient gets to hold/buy 2oz, but the disp also get to stock 2oz on the patients behalf?

just a loophope thats almost impossible to prove?

This isn't even a loophole just a total misrepresentation of the law by whoever told you that.

The law says you and your caregiver can have 6 plants and 2 oz between you. No more. If you are holding 2 oz, the dispensary can't be holding 2 oz. additional.

Dispensaries are hoarding caregiver designation in order to be able to stock a few pounds of meds, while also assuming that 0% of their patients actually have the whole 2 oz on hand. And unfortunately it seems to work for them. License hoarding is endemic to this industry.

Say you're a dispensary with 100 official patients signed to you. You could theoretically have 200oz on hand, less whatever you figure your patients have in their possession. Using dispensary logic, this allows you to sell your surplus to walk-in patients for whom they aren't papered caregivers.

So it's a numbers game. The only real gray area, likely to be decided in the courts, is whether a dispensary can sell it's "excess" to walk-in patients who haven't signed over caregivership to said dispensary.


This being said, and don't get me wrong here I am anti-restrictions, one possible point of compromise here might be to restrict the dispensaries from selling meds to patients they aren't officially caregivers for. This would dampen things down quite a bit for the walk-in storefront dispensaries.

 

[HossCartwright]

^^^ TERRIBLE IDEA! Wouldn't be fair. Dispensaries wouldn't be able to stay in business. I wouldn't sign over my caregiver writes to a dispensary. Nor would any grower. This restriction would eliminate 50% + of the licensed patient population from being able to buy meds/clones/edibles from a dispensary.

 

[Surrender]

Oh I know it Hoss. I didn't say it was a good idea, just some middle ground between the 5 patient rule and no regs at all. One of Romer's measures would have clamped down on the ease with which patients change caregivers and held them both accountable--not necessarily a bad thing in my opinion.

You're quite right that dispensaries which base their business model off of a lot of walk-in clients, who aren't officially their patients, would suffer. Closed-door collectives and coops would thrive though.

Could you clarify what you meant by "Nor would any grower"? As it is, growers can't exist without patients assigning caregiver rights over to them.

The Clendenin case made it clear (ok actually a bit murky still) that the standard model, where the proprietor of the dispensary "assigns" some of his patients to specific growers, isn't viable anymore. That the cops haven't made a move yet to test this is significant.

I wish Warren Edson would pop back in once in awhile.

 

[Ganoderma]

Personally I feel that the dispensaries should not be able to be listed as a caregiver, I feel that they should kind of be more like a liquer store(only selling to people with the proper papers) where they don't have to limit how much stock they have (with in reason of coarse)per card holding customer, they are NOT allowed to grow anything and have to get their product from caregivers thus adverting the conflict of interest that come along with their hording of numbers.

 

[HossCartwright]

Oh I know it Hoss. I didn't say it was a good idea, just some middle ground between the 5 patient rule and no regs at all. One of Romer's measures would have clamped down on the ease with which patients change caregivers and held them both accountable--not necessarily a bad thing in my opinion.

You're quite right that dispensaries which base their business model off of a lot of walk-in clients, who aren't officially their patients, would suffer. Closed-door collectives and coops would thrive though.

Could you clarify what you meant by "Nor would any grower"? As it is, growers can't exist without patients assigning caregiver rights over to them.

The Clendenin case made it clear (ok actually a bit murky still) that the standard model, where the proprietor of the dispensary "assigns" some of his patients to specific growers, isn't viable anymore. That the cops haven't made a move yet to test this is significant.

I wish Warren Edson would pop back in once in awhile.

It's not even close to middle ground it is a worst case scenerio. Grower should be self explanatory. Anybody growing their own plants.

I'm not a fan of Warren Edson's advice. I think he is far too conservative, i.e., no balls. I like Corry's style much better. The government should fear and enforce the will of the people. If the government tries to fuck over the people you chop their heads off rather than bend over and ask them to please use lube. Most people I have spoken with would go back underground before they would comply with the original Romer or Massey bills.

And the near tragic ramifications of the clendinin case were neutralized by Corry the day after the unconstitutional emergency meeting, remember?

 

[HossCartwright]

Personally I feel that the dispensaries should not be able to be listed as a caregiver, I feel that they should kind of be more like a liquer store(only selling to people with the proper papers) where they don't have to limit how much stock they have (with in reason of coarse)per card holding customer, they are NOT allowed to grow anything and have to get their product from caregivers thus adverting the conflict of interest that come along with their hording of numbers.

Agreed 100%

 

[Kelly.]

...

 

[HossCartwright]

does anyone know of, or can someone even point me in the right direction?

im trying to find a primary care doctor that isnt afraid to write mmj recs.
i dont want to have to go to a separate doctor to renew my rec every year (as i think it should be done by your primary care doc anyway)

i have plenty in my medical records to justify the rec, but it seems like docotrs currently writing recs are all tired to some dispensary, or they dont take my insurance.

if anyone knows of a primary care doc in the boulder area that might be able to help, please let me know.
you can pm me if needed.

thanks in advance.

I heard there was one in Atlantis. Let me know if you find him, lol.

 

[Kelly.]

...

 

[mcrider]

Has anyone gotten their card in last couple of weeks? I was just wondering what time frame the state has made it though processing. Still waiting on mine and I was in the first of Nov..
mcrider

 

[Surrender]

There are people still waiting from October. 4 months is what I'm hearing currently.

I think CDPHE is gaming the system to make it look out-of-control. The state only gets behind on paperwork if it wants to, like when they "lost" just enough signatures for old Amendment 19 back in 1998.

My other theory is they expect the Legislature to pass something retroactive that lets CDPHE throw out about half of the pending applications.

 

[mcrider]

My other theory is they expect the Legislature to pass something retroactive that lets CDPHE throw out about half of the pending applications.

I would not put it past the dirty bastards but I have a feeling that is a sh*t storm that even Romer does not want to deal with it. At this point the longer it takes to get my card the better. It just keeps putting off the time until I have to renew longer and longer.
mcrider

 

[Surrender]

My concern is the Legislators are playing a game with Coloradans and the DEA. The Feds said they'd back off as long as things were within state limits. So the Legislators pass a couple little laws like this and suddenly the DEA is back in business in Colorado.

You can bet every cop shop in this state has a list of >5-patient caregivers and residential med-growers they're waiting for the cue to make an example out of.

 

[HossCartwright]

At this point the longer it takes to get my card the better. It just keeps putting off the time until I have to renew longer and longer.
mcrider

Are you sure? I don't think they are extending any license expiration dates, I think you just lose 3-4 mos. Anybody have a NON HEAR-SAY, definitive answer on this issue?

 

[SELFHEMPLOYED]

Does anyone know how legitimate a higher plant count/weight recommendation is?

For example I know someone with a 20 plant card and 6 ozs. Now common sense tells me that the "or whatever is medically necessary" clause makes this legit as it has ALREADY been decided and is writing from your doctor that you need more plants.

Does anyone know how or if this is being enforced?

 

[painless puffer]

Yes there are some doctors recommending more plants for edible only patients. And realistically like the law says you can have as many as is medically necessary for your condition. The six plant "limit" is just a guesstament that was the average needed patient to patient. But its still a gray area and would need to be argued and proved more was needed if you were in court. Think sea of green or small yielding plants in organic dirt...4-5 plants equals one well done high yielding hydro?

That is my opinion anyways....any other input on plant limit recommendations.

 

[pikes peak 69]

Yes drs can rec more but you still can't have more then is medically necessary to treat your condition.
Registry lady told me, It's better if you get a higher plant count rec from your Dr prior to any encounter with LEO.

pp69

 

[BowlPacks]

The thing is that the amendment says that only a patient or caregiver can raise the limit. O course, a doc recommendation would help, but a doc can't just change the limit. The limit is the limit. More plants because of medical necessity is only an "affirmative defense".

 

[Greenmopho]

I got my CO cannabis recommendation from a dispensary that was just opening up in Denver. I paid $50 TOTAL, and they sent all my stuff in for me. I had to sign caregiver over to them, but they asked only that they needed it for the first 30 days so they could open, after which I could just request a change of caregiver, which I just did recently! I seem to have gotten the deal on that, seeing what other's paid! I also walked in with literally a thick packet of legitimate medical records, ER visits, prescriptions I was given, x-rays, etc. I have and had a horrible case of IBS, and I was also in a brutal car accident 4 years ago...pretty much gets me by in CO and CA!

 

[Ganoderma]

Are you sure? I don't think they are extending any license expiration dates, I think you just lose 3-4 mos. Anybody have a NON HEAR-SAY, definitive answer on this issue?

If you are getting your card for the first time, your do gain 3-4 month on what the date would have been on your card due to the registry being so backed up. Yet this would change if they started getting cards out faster.

If you allready have your MMJ card from the state you will not have any gap in the dates on your card. lets say you mailed in your renewal paper work a month ago and your cards exp. date is today, well then in three months when you get your card it will have todays date as its first date and a year from now will be the exp.date.

I don't know how this would work out if say your card has been exp. for some time and you are just getting around to renewing it?