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amendment 64

M

MacGyver420

http://www.regulatemarijuana.org/s/regulate-marijuana-alcohol-act-2012

i have read over the amendment several times an i have to say, i find it to be very disappointing.

in my opinion HB 1284, is a travesty; it is totally against the spirit of amendment 20.

and now, amendment 64 is bankrolled and supported by the same groups of people who pushed 1284 through.

its being marketed as recreational legalization but that is not what the bill is.

you would be allowed 6 plants maximum and 1 ounce of "bud" maximum.

(a) POSSESSING, USING, DISPLAYING, PURCHASING, OR TRANSPORTING MARIJUANA ACCESSORIES OR ONE OUNCE OR LESS OF MARIJUANA.

please note that it allows you to buy but not sell... more on this later....

(b) POSSESSING, GROWING, PROCESSING, OR TRANSPORTING NO MORE THAN SIX MARIJUANA PLANTS, WITH THREE OR FEWER BEING MATURE, FLOWERING PLANTS, AND POSSESSION OF THE MARIJUANA PRODUCED BY THE PLANTS ON THE PREMISES WHERE THE PLANTS WERE GROWN, PROVIDED THAT THE GROWING TAKES PLACE IN AN ENCLOSED, LOCKED SPACE, IS NOT CONDUCTED OPENLY OR PUBLICLY, AND IS NOT MADE AVAILABLE FOR SALE.

cities get to decide who gets the warehouse grow licenses. going to be a VERY limited amount of these going out.

(h) “MARIJUANA CULTIVATION FACILITY” MEANS AN ENTITY LICENSED TO CULTIVATE, PREPARE, AND PACKAGE MARIJUANA AND SELL MARIJUANA TO RETAIL MARIJUANA STORES, TO MARIJUANA PRODUCT MANUFACTURING FACILITIES, AND TO OTHER MARIJUANA CULTIVATION FACILITIES, BUT NOT TO CONSUMERS.

(b) POSSESSING, DISPLAYING, OR TRANSPORTING MARIJUANA OR MARIJUANA PRODUCTS; PURCHASE OF MARIJUANA FROM A MARIJUANA CULTIVATION FACILITY; PURCHASE OF MARIJUANA OR MARIJUANA PRODUCTS FROM A MARIJUANA PRODUCT MANUFACTURING FACILITY; OR SALE OF MARIJUANA OR MARIJUANA PRODUCTS TO CONSUMERS, IF THE PERSON CONDUCTING THE ACTIVITIES DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VALID LICENSE TO OPERATE A RETAIL MARIJUANA STORE OR IS ACTING IN HIS OR HER CAPACITY AS AN OWNER, EMPLOYEE OR AGENT OF A LICENSED RETAIL MARIJUANA STORE.



basically my issue with the bill is: there is still plenty of room for you to get busted by the police under amendment 64. you go over that 6 plant count limit or more than 1 ounce and you are still a criminal. you will still be charged.

meanwhile its opening the door for certain groups to nearly monopolize the commercial side of growing.

(II) A SCHEDULE OF APPLICATION, LICENSING AND RENEWAL FEES, PROVIDED, APPLICATION FEES SHALL NOT EXCEED FIVE THOUSAND DOLLARS, WITH THIS UPPER LIMIT ADJUSTED ANNUALLY FOR INFLATION, UNLESS THE DEPARTMENT DETERMINES A GREATER FEE IS NECESSARY TO CARRY OUT ITS RESPONSIBILITIES UNDER THIS SECTION, AND PROVIDED FURTHER, AN ENTITY THAT IS LICENSED UNDER THE COLORADO MEDICAL MARIJUANA CODE TO CULTIVATE OR SELL MARIJUANA OR TO MANUFACTURE MARIJUANA PRODUCTS AT THE TIME THIS SECTION TAKES EFFECT AND THAT CHOOSES TO APPLY FOR A SEPARATE MARIJUANA ESTABLISHMENT LICENSE SHALL NOT BE REQUIRED TO PAY AN APPLICATION FEE GREATER THAN FIVE HUNDRED DOLLARS TO APPLY FOR A LICENSE TO OPERATE A MARIJUANA ESTABLISHMENT IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION;

b) IN ORDER TO ENSURE THE MOST SECURE, RELIABLE, AND ACCOUNTABLE SYSTEM FOR THE PRODUCTION AND DISTRIBUTION OF MARIJUANA AND MARIJUANA PRODUCTS IN ACCORDANCE WITH THIS SUBSECTION, IN ANY COMPETITIVE APPLICATION PROCESS THE DEPARTMENT SHALL HAVE AS A PRIMARY CONSIDERATION WHETHER AN APPLICANT:
(I) HAS PRIOR EXPERIENCE PRODUCING OR DISTRIBUTING MARIJUANA OR MARIJUANA PRODUCTS PURSUANT TO SECTION 14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJUANA CODE IN THE LOCALITY IN WHICH THE APPLICANT SEEKS TO OPERATE A MARIJUANA ESTABLISHMENT; AND
(II) HAS, DURING THE EXPERIENCE DESCRIBED IN SUBPARAGRAPH (I), COMPLIED CONSISTENTLY WITH SECTION 14 OF THIS ARTICLE, THE PROVISIONS OF THE COLORADO MEDICAL MARIJUANA CODE AND CONFORMING REGULATIONS.

basically the dispensary owner operators who pushed for HB1284 are setting themselves up to further consolidate their market share.

(g) EACH APPLICATION FOR AN ANNUAL LICENSE TO OPERATE A MARIJUANA ESTABLISHMENT SHALL BE SUBMITTED TO THE DEPARTMENT. THE DEPARTMENT SHALL:
(I) BEGIN ACCEPTING AND PROCESSING APPLICATIONS ON OCTOBER 1, 2013;
(II) IMMEDIATELY FORWARD A COPY OF EACH APPLICATION AND HALF OF THE LICENSE APPLICATION FEE TO THE LOCALITY IN WHICH THE APPLICANT DESIRES TO OPERATE THE MARIJUANA ESTABLISHMENT;
(III) ISSUE AN ANNUAL LICENSE TO THE APPLICANT BETWEEN FORTY-FIVE AND NINETY DAYS AFTER RECEIPT OF AN APPLICATION UNLESS THE DEPARTMENT FINDS THE APPLICANT IS NOT IN COMPLIANCE WITH REGULATIONS ENACTED PURSUANT TO PARAGRAPH (a) OR THE DEPARTMENT IS NOTIFIED BY THE RELEVANT LOCALITY THAT THE APPLICANT IS NOT IN COMPLIANCE WITH ORDINANCES AND REGULATIONS MADE PURSUANT TO PARAGRAPH (f) AND IN EFFECT AT THE TIME OF APPLICATION, PROVIDED, WHERE A LOCALITY HAS ENACTED A NUMERICAL LIMIT ON THE NUMBER OF MARIJUANA ESTABLISHMENTS AND A GREATER NUMBER OF APPLICANTS SEEK LICENSES, THE DEPARTMENT SHALL SOLICIT AND CONSIDER INPUT FROM THE LOCALITY AS TO THE LOCALITY’S PREFERENCE OR PREFERENCES FOR LICENSURE;

there is its folks; whoever greases the squeaky wheel is going to get that oh so valuable license to grow and sell; everyone else is going to be shit out of luck.

i will not be voting yes on amendment 64 because it is not legalization it is a trick; the people who paid the lawyers to write this amendment are the ones in the best possible position to corner the market, and eliminate their competition.

only those approved by the city with proper license will be able to sell it; and again that will be very limited creating a monopoly-like situation.

all i see is that amendment 64 does little to NOTHING to protect the marijuana growing citizens in the state of Colorado.

it does however set up some powerful legal defenses for the owner/operators of the "licensed grow facilities". but still leaves the average citizen left unprotected.

this is just how i feel about it; maybe my interpretation is wrong, i am open to that idea. what do you guys think?
 

Obsidian

Active member
Veteran
that's def not legalization in any form/fashion.
x out CO for being one of the states for legal ganj.
It's only Oregon and Washington with true legalization on the ballot this year.
 

Hydro-Soil

Active member
Veteran
maybe my interpretation is wrong, i am open to that idea. what do you guys think?
Everything you bolded impacts commercial growers.

Only the three mature, 6 total, numbers and the 'travelling with an ounce' applies to the small grower.

It allows people the freedom to talk and pass on truthful information without fear. It's a good thing and will get better. :D

Stay Safe! :blowbubbles:
 

Gert Lush

Active member
Veteran
Question from a non CO resident:
So this means 6 plants per person, yes?
IOW if there are, say, three residents in a household, that's 18 plants, 9 flowering, and 9 vegging. Have I understood this correctly?

I see a move towards... BIIIG plants! :biggrin:
 

kolah

Member
The hell with 64 and the hell 1284 and the potshops.

IMO, the best way to go is getting an MD recommendation ONLY and grow your own. And get an increaesd plant count to boot. There is no need for redcard status as that only allows you to buy potshop weeds.

We have already seen 3 cases in CO get not guilty verdicts with MD recs with increased plant counts.
 

Hydro-Soil

Active member
Veteran
The hell with regaining the freedom to grow your own without a shiny, white coat, embossed paper, authoritarian writ?

Awesome for Col Med patients... but, take off your blinders please.

Stay Safe! :blowbubbles:
 

kolah

Member
Well, old 64 is turning out to be a big bag of shit for the fine commoners here in CO. I won't be renewing my "not-private" redcard this year either. The DUI-D nanogram bullshit will put everyone who puffs weed in jeopardy. And having a CO redcard (which BTW LEO's have full access to) makes it even worse. Many employments places are also refusing appllicants when a redcard status shows up. I really do not how they get away with not honoring the medical privacy laws (HIPPA). But then again this dying country called the USSA, run by a bunch of treasonic fucks does whatever the hell they want.

I'll get my MD rec only and leave it at that. I said it before and I'll say it again, 64 is NOT legalization. But they pulled a nice bait-n-switch and suckered folks into it.
 

Hydro-Soil

Active member
Veteran
I'll get my MD rec only and leave it at that.
Very smart.

I said it before and I'll say it again, 64 is NOT legalization. But they pulled a nice bait-n-switch and suckered folks into it.

Excuse me? No, it's NOT legalization. Not by a long stretch.

It IS extremely FREEING and a HUGE step in the right direction. So... I wouldn't exactly call it a bait and switch. It's great for what it is and beats the living shit out of what the other states have at the moment. As for the nanogram bs... that's going to die. It will take a few years for people to beat the crap out of it... but it will die. Field sobriety test first... I have HUGE amounts of thc in my system and I'm perfectly functional. Duh! Any doctor worth their salt can explain why, same as it is with nasty Rx.

Things will move a LOT faster in the next few years around here... much faster than they ever have.

Anyone else notice the flood of U-Haul vans the last few months? LOL

I'm looking forward to the day when neo-christians and programmed socialists warn their friends and neighbors about my town...

"Whatever you do... don't go driiiiivin' through thaaat town. They throw joints in your open windows as you drive by and at the stop lights!!! Eeeevil! Eeeevil! Lock your doors, roll up your windows and whatever you do... DON'T STOP or the eeevil cannabis will get you!

Stay Safe! :blowbubbles:
 

wantaknow

ruger 500
Veteran
you guys are so dead on ,just like the the system to promote something that it is not ,who ever wrote this bill is a trator to your state and should be treated as such
 

kolah

Member
Hydro-soil, in all honesty I hope you are right in regards to nanogram levels and DUI-D. Rob Corry and his lawyer buddies will be busy and raking in the dough. Cah-ching!
 

ClearBarbedFunk

lost in the Haze
ICMag Donor
Veteran
64 is a huge step, how it plays out will have to see.

anyone over 21 in the state can grow 6, carry a zip out the door. no limit on weight in the home. grow needs to be outta site and locked down. there actually debateing this at present, and there thinkin a greenhouse with security would fit the plan.

dont wanna grow, anyone over 21 from anywhere in the world can purchase from the soon to be opened stores.

for me im stayin with the medical side, with doctor recs. 5 patients, with whateverr count your doctor recommends, just has to be outta public view, and weeight is also determinedd by your doctor.

might like to supply the outlets, will weight and see what all will be involved to do that.

otherrwise its all good
 

Hydro-Soil

Active member
Veteran
only those approved by the city with proper license will be able to sell it; and again that will be very limited creating a monopoly-like situation.
Try applying for a taxi or towing license in any major city. What's the difference? You expect this aspect of society to change instantly... just because it's about cannabis?

all i see is that amendment 64 does little to NOTHING to protect the marijuana growing citizens in the state of Colorado.
Really? Dunno about elsewhere in this state but... go ahead, call up LEO around here and tell them you suspect someone of growing. They'll say something like "That's nice, did you have a crime you wanted to report? Is there something we can help you with?"
They don't care in my county, as long as you're abiding by colorado law.


it does however set up some powerful legal defenses for the owner/operators of the "licensed grow facilities". but still leaves the average citizen left unprotected.

this is just how i feel about it; maybe my interpretation is wrong, i am open to that idea. what do you guys think?
I don't get that from this at all.

Yes, the commercial end will be crap and controlled by money. Ever smoke a cigarette in this country? Drink a beer? Sip some whiskey or wine?


Bottom line... a SHITLOAD of people will NOT be going to jail/prison this year for cannabis in colorado. Same as next year and the year after that.

I'm all for that. :woohoo:

kolah said:
Hydro-soil, in all honesty I hope you are right in regards to nanogram levels and DUI-D. Rob Corry and his lawyer buddies will be busy and raking in the dough. Cah-ching!
It'll come down to some rich loser with attorneys and doctors to prove it, but I'm confident that precedent will be set.

Then again, beating their horse of ignorance will make more dough for the jailers unions.

Whatever happens, at least more people will be watching/participating from OUTSIDE prison/jail. :)



Stay Safe! :blowbubbles:
 
Last edited:

monsoon

Active member
might like to supply the outlets, will weight and see what all will be involved to do that.

These licenses are not available to just anyone. If you don't already own an MMC you will have to wait a year because the State is going to limit these licenses to the dispensary owners for that time period.
After that, it's anyone's guess what will happen.

Either way, it's gonna be an expensive and highly regulated process for those involved. Nothing like growing at home and slingin bags to friends. Good luck
 

Jhhnn

Active member
Veteran
Heh. Gotta love all the nay-saying & projection.

The whole nanogram bloodtest rigamarole is just posturing, pandering to "Concerns". They can't demand a blood draw for alcohol, and they sure as hell won't get it over pot, either. It's too invasive, and it applies to all citizens. Even the straights won't put up with it.

Breath and urine are a different story, because they're non-invasive tests, and because you're throwing it away, anyway.

The whole bit about A64 not doing anything for people in Colorado is bullshit. I can carry up to an ounce anywhere in the state, along with paraphernalia, and only the Feds can bust me. I can smoke in private residences, and at the state level, the smell of marijuana is no longer probable cause to search or grounds for a search warrant, either. If the smell of me smoking dope in my privacy fenced back yard wafts over to the neighbors, they can put up with it, like the smell from a barbeque.

If I want to grow indoors, I'll grow in complete anonymity, and I don't think that my wife and I will have any trouble staying legal, either. Somebody thinks they can rat me out & the cops get a bug up their ass, they'll leave with nothing, because they can't enforce federal marijuana law any more than they can enforce federal immigration law. I can keep whatever I can grow, give the stuff away as Christmas presents, even gift it to an oil making MMJ charity, take a tax deduction for it, too.

Here in the City & County of Denver, I seriously doubt that cops will bother discreet outdoor growers, either, so long as the limits are observed. Keep it low, behind the privacy fence in a locked back yard & they'll pretend it's not there. Growing monsters twice the height of the fence is different, because it's supposed to be out of public view. It'll likely only be a fine if you're busted, anyway. The cops will steal your grow, use it to pay off their snitches. Unless statutes are created to the contrary, it's legal for the cops to give away pot, too....

Tell me- where else can I do that stuff w/o fear of the local gendarmes?
 

sourpickle

New member
I'm going to the outdoor pro motocross races in may and am from out of state. Is it legal for me purchase small amounts yet?

Thanks sourpickle
 

Jhhnn

Active member
Veteran
I'm going to the outdoor pro motocross races in may and am from out of state. Is it legal for me purchase small amounts yet?

Thanks sourpickle

Retailing hasn't been worked out yet, but if you're over 20 & holding less than an ounce, only the Feds can bother you. Smoking in public & driving stoned are both still illegal. There never really were statutes punishing people for buying pot, but rather for possessing it. It's still not legal to sell the stuff, but that's not your problem.
 

Hydro-Soil

Active member
Veteran
Heh. Gotta love all the nay-saying & projection.
Yep. :)

I'm absolutely loving what it's doing for the mindset of the people. Slowly, but surely, people are beginning to understand what's really happened here.

Regardless of the commercial end... the personal freedom alone is worth it.

Stay Safe! :blowbubbles:
 
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