sac beh
Member
I need opinions on how to interpret this part. Anyone who has a lawyer that has interpreted it for them?
I can't decide if it is saying:
1) A copy of the application plus proof of mailing can be used in place of the card until notice is received, e.g., someone who just submitted their application can legally possess, etc.
OR
2) A copy of the application plus proof mailing can be used ONLY AFTER 35 DAYS OF NO NOTICE FROM CDPHE
Different dispensaries have different policies about taking patients with only the Doc's rec and application. Which is it?
Colorado Constitution, Article XVIII, Section 14, paragraph 3 (d) states:
Except for patients applying pursuant to subsection (6) of this
section, where the state health agency, within thirty-five days of
receipt of an application, fails to issue a registry identification card
or fails to issue verbal or written notice of denial of such application,
the patient’s application for such card will be deemed to have been
approved. Receipt shall be deemed to have occurred upon delivery
to the state health agency, or deposit in the United States mails.
Notwithstanding the foregoing, no application shall be deemed
received prior to June 1, 1999. A patient who is questioned by any
state or local law enforcement official about his or her medical use
of marijuana shall provide a copy of the application submitted to the
state health agency, including the written documentation and proof
of the date of mailing or other transmission of the written
documentation for delivery to the state health agency, which shall
be accorded the same legal effect as a registry card, until such time
as the patient receives notice that the application has been denied.
I can't decide if it is saying:
1) A copy of the application plus proof of mailing can be used in place of the card until notice is received, e.g., someone who just submitted their application can legally possess, etc.
OR
2) A copy of the application plus proof mailing can be used ONLY AFTER 35 DAYS OF NO NOTICE FROM CDPHE
Different dispensaries have different policies about taking patients with only the Doc's rec and application. Which is it?