New Info on Co. State site

pikes peak 69 · Aug 11, 2009

The Colorado Department of Health and Environment has updated their site to reflect the new rule changes.
New rules start August 30 2009. New forms are still being made, use old ones until new ones are available.

Some good changes, and of course some not so good.

http://www.cdphe.state.co.us/hs/medicalmarijuana/marijuanafactsheet.html

HTH
pp69

High · Aug 11, 2009

TYVM. Been reading the changes. The dispensary portion is pretty simple. I detect a sort of defeatist tone too. No rules are good rules. Welcome to the wild west.

"The Colorado Medical Marijuana amendment, statutes and regulations are silent on the issue of dispensaries. While the Registry is aware that a number of such businesses have been established across the state, we do not have a formal relationship with them. Please be aware:

The Registry does not license dispensaries.

The Registry does not have a list of dispensaries.

There are no regulations regarding dispensaries.

The Registry is unable to assist with complaints regarding dispensaries.

The Registry has no information on how to establish/operate a dispensary.

There may be local ordinances that might impact the operation of a dispensary. Please contact local authorities for specific information."

MtnKuSh · Aug 11, 2009

pp69 what is you pos/neg takes on these new rules etc..? anyone else wanna chime in?

Paco · Aug 11, 2009

thanks for the post PP69.
always on top of it.

Ms_Weekend · Aug 11, 2009

you see this under ...HOW DO I BECOME A CAREGIVER?

A patient may not be their own care-giver

seems like only rules on dispensaries are as follows....you have weed? you open biss. you make money

MtnKuSh · Aug 11, 2009

Ms_Weekend said:
you see this under ...HOW DO I BECOME A CAREGIVER?

A patient may not be their own care-giver

seems like only rules on dispensaries are as follows....you have weed? you open biss. you make money

so its one or the other...be a patient or be a caregiver and or open shop and grow,dispens,smoke meds..? seems to easy :nanana:

Muleskinner · Aug 11, 2009

Thank god there are no rules! If there were, you know what the rules would be! No cannabis for sale, only toxic Big Pharma meds

public health nazis. Since when did it become necessary for "rules" to govern every aspect of a man's life? That's a sick and twisted philosophy of life IMO

pikes peak 69 · Aug 12, 2009

MtnKuSh said:
pp69 what is you pos/neg takes on these new rules etc..? anyone else wanna chime in?

My take on the rules are like this:
Notarization= Probably a good thing because of the past fraud that some Disp have done. Nobody on this site anymore. There has been some Disp owners brag about having multiple hundreds of patients, and sending in packets of cg changes. Only to find out there were all frauds. The State commented that they now have a full time fraud officer to help with that.
Also can be bad as you now need to ave a notary know your business, and that could bring a whole different set of problems.

Definition of a Primary Cg = Good thing. Now it specifically states that if you supply MMJ you are filling the duties of a cg. There for all the disp. NEED to do is provide meds. They don't need to (but we hope they continue) to supply all the other stuff that some of them do. Like massages, Drs. and nurse on site, little amenities that are not required but always nice.

No replacement cards = BAD, BAD, BAD Now if you change cg midstream no new card is sent out, and you as a patient are responsible for telling your old cg that they are no longer covered. A patient could potentially change a cg and not notify the old one and the old one could be growing out of compliance. May cause some court issues in bad cases.

What do you guys think?

pp69

GreenMtnCare · Aug 12, 2009

LMAO! It seem that the Dept of Health has become "Alexander Haig" again. I am waiting on Warren to get back to me with his interpretation of this new crap. The good folks at the state sure do seem to like to spin their wheels, and WASTE our hard earned tax dollars!!!

I will post when I hear back from the Lawyer!

Mike

Ms_Weekend said:
you see this under ...HOW DO I BECOME A CAREGIVER?

A patient may not be their own care-giver

seems like only rules on dispensaries are as follows....you have weed? you open biss. you make money

GreenMtnCare · Aug 12, 2009

I agree with the notarization. IMO it will help eliminate fraudulent activities on the cards. The DOH has the right to regulate fraud.

Primary caregiver = BAD! The DOH was never given the authority to define a "caregiver" as anything. Even though the definition worked into our favor, if we let that stand they will have a power never afforded them in the 20th amendment. I think if this isn't fought the next time they get together, they will try to change more stuff they have no power to change.

The card thing is not going to work at all.

I will try to post an update tomorrow sometime, I have a CC with our attorney in the morning.

Mike

pikes peak 69 said:
My take on the rules are like this:
Notarization= Probably a good thing because of the past fraud that some Disp have done. Nobody on this site anymore. There has been some Disp owners brag about having multiple hundreds of patients, and sending in packets of cg changes. Only to find out there were all frauds. The State commented that they now have a full time fraud officer to help with that.
Also can be bad as you now need to ave a notary know your business, and that could bring a whole different set of problems.

Definition of a Primary Cg = Good thing. Now it specifically states that if you supply MMJ you are filling the duties of a cg. There for all the disp. NEED to do is provide meds. They don't need to (but we hope they continue) to supply all the other stuff that some of them do. Like massages, Drs. and nurse on site, little amenities that are not required but always nice.

No replacement cards = BAD, BAD, BAD Now if you change cg midstream no new card is sent out, and you as a patient are responsible for telling your old cg that they are no longer covered. A patient could potentially change a cg and not notify the old one and the old one could be growing out of compliance. May cause some court issues in bad cases.

What do you guys think?

pp69

pikes peak 69 · Aug 12, 2009

I agree that letting them define anything could turn bad in the long run, but I'm glad that that their decision on this definition went our way. Although it wasn't bad the original way.

Say high to Warren from Roger

pp69

GreenMtnCare said:
I agree with the notarization. IMO it will help eliminate fraudulent activities on the cards. The DOH has the right to regulate fraud.

Primary caregiver = BAD! The DOH was never given the authority to define a "caregiver" as anything. Even though the definition worked into our favor, if we let that stand they will have a power never afforded them in the 20th amendment. I think if this isn't fought the next time they get together, they will try to change more stuff they have no power to change.

The card thing is not going to work at all.

I will try to post an update tomorrow sometime, I have a CC with our attorney in the morning.

Mike

MtnKuSh · Aug 13, 2009

can someone help me out here?

if a patient signs someone as there caregiver can the patient still grow for there self and have the caregiver growing for them at the same time ?

if a patient has a caregiver..can the patient still get meds elsewhere or only from the asigned caregiver?

can the caregiver go and get the meds from differant dispensaries for the patient.?

if you are a cargiver how many plants can you grow and how much are you allowed to carry/hold

to open a dispensary,clinic and sell to patients you have to be and have what..just be a reg caregiver?

can a caregiver,dispensary sell as much as they want and carry as much as they want and sell to as many card holders as they want?

sorry for all the questions but im trying to find the fine line here. thanks

GreenMtnCare · Aug 13, 2009

I am seeing Warren Edson again tomorrow, and will have answers for you from the gentleman who wrote the amendment. I spoke with him on the phone, and he said that the DOH was at it again, but reminded me about the differences between the exemption, and the affirmative defense.

Mike

MtnKuSh said:
can someone help me out here?

if a patient signs someone as there caregiver can the patient still grow for there self and have the caregiver growing for them at the same time ?

if a patient has a caregiver..can the patient still get meds elsewhere or only from the asigned caregiver?

can the caregiver go and get the meds from differant dispensaries for the patient.?

if you are a cargiver how many plants can you grow and how much are you allowed to carry/hold

to open a dispensary,clinic and sell to patients you have to be and have what..just be a reg caregiver?

can a caregiver,dispensary sell as much as they want and carry as much as they want and sell to as many card holders as they want?

sorry for all the questions but im trying to find the fine line here. thanks

Ganoderma · Aug 13, 2009

pikes peak 69 said:
No replacement cards = BAD, BAD, BAD Now if you change cg midstream no new card is sent out, and you as a patient are responsible for telling your old cg that they are no longer covered. A patient could potentially change a cg and not notify the old one and the old one could be growing out of compliance. May cause some court issues in bad cases.

What do you guys think?

pp69

If i'm not wrong, i do believe that the state sends out a letter to the old CG stating that they are no longer a GC for ________ any more.

Ganoderma · Aug 13, 2009

About the Notarization portion that they just passed, well perhaps these places that have a Doctor to sign your paper work will have one of thier office people become a Notary (don't know what that takes). There are lots of companies that have office staff that are a Notary.

pikes peak 69 · Aug 13, 2009

Used to be that way. With the new rules now, the patient is responsible for notifing the old cg that they are no longer a cg for them. I see problems with that unless you notify them via certified mail.

Real easy to become a notary. The only problem I see with having to get a notary to witnessis that now someone else knows what you do. Loose lips sink ships. Or go to your bank for notarization, week later go in for a loan, see what happens when they know you use.

Nice to see you Ganoderma
pp69

Ganoderma said:
If i'm not wrong, i do believe that the state sends out a letter to the old CG stating that they are no longer a GC for ________ any more.

MtnKuSh · Aug 14, 2009

QUESTION..ILLEGAL DISPENSARIES..?

It says in the rules :
The caregiver must be a person, not a business, corporation, etc.
The Registry does not License Dispensaries.

wouldnt that meen that any dispensary,shop,clinic that is selling to anybody with a med card is doing so Illegaly.

isnt a caregiver only supposed to give and sell meds to those listed as their patients that they are caregiving for, and patients only get meds from there listed caregiver.?

SweetBOG · Aug 14, 2009

Ganoderma said:
About the Notarization portion that they just passed, well perhaps these places that have a Doctor to sign your paper work will have one of thier office people become a Notary (don't know what that takes). There are lots of companies that have office staff that are a Notary.

dude you just beat me to saying the same thing. of course! it's so easy to become a notary, my biz manager became one quickly. and it could be ONE more way for them to make $$$. Ultimately, I think this cost will be eaten by the caregiver, but it does take a good bite out of fraud from the DOH perspective.

SweetBOG · Aug 14, 2009

pikes peak 69 said:
Used to be that way. With the new rules now, the patient is responsible for notifing the old cg that they are no longer a cg for them. I see problems with that unless you notify them via certified mail.
pp69

yep. it's hard for the DA to prove a patient made that phone call. Caregiver still thought they were signed on. case dismissed

Marshmello · Aug 14, 2009

I wish that these types of things didn't exist.
It becomes a search for grey areas that can be exploited and draws the wrong type of attention.
people trying to maximize profits with the new market are doing more harm than good.
$.o2

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