Vote "NO" on Proposition AA...

[Jhhnn]

Hey folks, long time lurker first time poster.

I wanted to chime in on CO laws here because things aren't as cut and dried as many seem to think. Ever since amendment 20 in CO, cannabis related arrests have increased sharply and have maintained very high rates.
http://www.regulatemarijuana.org/sites/default/files/marp_-_colorado_marijuana_arrest_report.pdf
How amendment 64 changes that, I don't know.

People can and do get arrested here all the time while thinking they are compliant with the state statutes.

With regard to growing under 20/64, it's not as simple as many people have asserted. For example, "growing on your own land" can be illegal. In CO it is illegal to grow outdoors. Amendment 64 or otherwise. On top of that, there are specific requirements to be compliant, not the least of which is, as already mentioned, plant count.

Aside from that though, the grow must be indoors. It must be in a locked area of the structure with restricted access. The indoor facility must either meet state licensing regulations, or be a residence. If you are not growing indoors in your residence, under these rules, you can and will be charged for cultivation. Those laws still exist, the only difference is the limits by which the statutes are defined. Possession, cultivation, transfer, and transportation of cannabis are still governed by Colorado criminal statutes.

On top of that, there are rules about children in the home, their ages, location with regard to bus lines and schools, and also there is the fact that a property owner (if you're leasing) can say that you're restricted from growing cannabis. This does not infringe on one's state constitutional rights because in amendment 64 exists a provision for property owners to disallow growing. If you grow anyway at a property that has specifically restricted it, you can be criminally charged, not to mention are subject to litigation by the property owner.

Many times, legal growers are arrested here. As a matter of fact, several "legal" grows get busted every day here. While it's true that courts have not recently been prosecuting growers that are within the limits, often police at your grow means that an individual officer makes a decision about whether you are legal or not. Because the laws are still ambiguous especially for police, one is subject to the individual officer's perspective (although I think this will change in the future) which can and does result in arrests for perfectly legal grows.

While this is not the norm, I do know a red card carrying medical patient that has been arrested several times for simple possession, every time within state limits. He has been to jail, booked, the case gets dropped, and they even give him his cannabis back. Nevertheless, he has been subject to arrest and scrutiny (even if avoiding convictions) while being a red card holder carrying an amount that someone without a card should be allowed to have.

As such, it's important to treat any grow as if it were illegal. You would not want to find out how well the courts uphold the law and have to rely upon statutes to avoid prison.

Hope this helps!

A64 changes a lot of that. Read it, particularly section 3-

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

3b clarifies -

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.

It does not specifically exclude outdoor growing. Interpretation is still an open question. Restrictions about home growing are limited to plant counts & locked enclosed space provisions. Kids & schools no longer matter. Your house is locked, right? The smell of marijuana, burning or growing, is no longer grounds for a state level search warrant, either. I have yet to find any penalty attached to growing outdoors, other than confiscation, and I've tried to find it.

Red card holders have always been in a grey area. Some people are just Cop magnets, too. Denver police, anyway, have been well schooled wrt the provisions of A64. Baked half out of your mind walking down the street with less than an ounce? Bong in your backpack? Got ID & no warrants? Deal with cops calmly & respectfully? Go in peace, my son. Have a nice day, officer. That does not include operating a vehicle while intoxicated.

Growing in rentals is not a criminal matter, provided that plant count limits are observed. It's a civil matter, between the grower & landlord. The worst they can do is evict you. In the past, if they ratted you out to the cops, you were busted. Today, the cops are out of the picture if plant counts are legal.

They might even obtain a warrant on a landlord's testimony, but if the plant counts are right, they'll leave with nothing. You could be sitting on a pound of homegrown, and they can't legally touch it or bust you for it. There is no home possession limit for bud that you plausibly could have grown in your home. That does not include 100 lbs of Mexibrick.

A64 is an enormous change, one very favorable to home growers. Know your shit & stay legal to stay free.

 

[barnyard]

Thanks for the contributions and clarifications Jhhnn. Please also consider what happens to people who are observed by LE smoking in their auto with more than an ounce or found by LE to be growing more than 6 plants in their home. In that regard, there has been no progress.

Nonetheless, its wonderful to have conditions that allow people to grow and purchase legally and let me tell you the Smörgåsbord of fine herb is truly a delight to experience.

The independent growers are breathing a sigh of relief and commercial growers are looking at greenhouse operations to take advantage of CO's supherb sun and low humidity.

Do you like John Denver? lol

He was born in the summer of his 27th year
Comin' home to a place he'd never been before
He left yesterday behind him, you might say he was born again
You might say he found a key for every door

When he first came to the mountains his life was far away
On the road and hangin' by a song
But the string's already broken and he doesn't really care
It keeps changin' fast and it don't last for long

But the Colorado rocky mountain high
I've seen it rainin' fire in the sky
The shadow from the starlight is softer than a lullabye
Rocky mountain high
(Colorado)
Rocky mountain high
(high in Colorado)

He climbed cathedral mountains, he saw silver clouds below
He saw everything as far as you can see
And they say that he got crazy once and he tried to touch the sun
And he lost a friend but kept the memory

Now he walks in quiet solitude the forest and the streams
Seeking grace in every step he takes
His sight has turned inside himself to try and understand
The serenity of a clear blue mountain lake

And the Colorado rocky mountain high
I've seen it rainin' fire in the sky
Talk to God and listen to the casual reply
Rocky mountain high
(high in Colorado)
Rocky mountain high
(high in Colorado)

Now his life is full of wonder but his heart still knows some fear
Of a simple thing he cannot comprehend
Why they try to tear the mountains down to bring in a couple more
More people, more scars upon the land

And the Colorado rocky mountain high
I've seen it rainin' fire in the sky
I know he'd be a poorer man if he never saw an eagle fly
Rocky mountain high

It's a Colorado rocky mountain high
I've seen it rain fire in the sky
Friends around the campfire and everybody's high
Rocky mountain high
(high in Colorado)
Rocky mountain high
(high in Colorado)
Rocky mountain high
(high in Colorado)
Rocky mountain high
(high in Colorado)
Rocky mountain high
(high in Colorado)
Rocky mountain high
(high in Colorado)

 

[Skunky McNugget]

1200 watts for that many plants? Must be small harvests

 

[barnyard]

"1200 watts for that many plants? Must be small harvests"

S'pose it depends on the phenos involved. At 1 plants per square foot a grower could run 12 plants with 1200 watts.

How about an auto flowering plant using feminized seeds with the consistent pheno of a hindu kush. Nice compact plants up to 3' with a strong central cola and a quick turn around. Now that would be an efficient use of light!