Colorado-5 Patient Limit Question

[PolishPotFarmer]

Just wanted to get some thoughts on this, although I suspect I know the answer.

Is the limiting to 5 patients for private caregivers intended to control plant counts or who you can legally provide to or both?

I'm wondering if you could have 20 patients as long as you didn't go over 36 plants?

Most seem to find problems from leo on the plant count, not who is being provided to. So if you had 20 patients and 36 plants would you be okay, in providing to all those patients? I assume not, but, could be a loophole-ish????

If you were 'busted' in the act of providing, as long as you had paperwork as that person's caregiver and weren't over the plant count, how would that work? Can you be 'busted' for too many patients if everything else is in line?

Go to court with 5 patients including the one in question and leave the other 15 at home? Are they tracking, and if so how, how many patients each careprovider has?

Thanks in advance, I appreciate any help in understanding all of this.

 

[TheReleafCenter]

The five patients is a hard number that I wouldn't cross. You can have five patients on extended plant counts, however, and grow as many plants as their recommendations provide.

Patients are required to designate you as their caregiver, so the paperwork they submit to the state would be the first way they'd likely bust you. The registry is looking to get tuned up to the point they can have caregiver/primary center info at a moments notice. If you're a private caregiver, it's going to be a big red flag the moment you're over five.

You can absolutely get in trouble for having too many patients. I don't have 1284 in front of me right now, but it's crystal clear on how this works.

I see what you're trying to say on providing for more patients but doing fewer plants, and most of the LEO's are more worried about plant counts, but it seems fairly risky. Getting caught, at a minimum, would probably bar you from ever working as a caregiver again.

 

[PolishPotFarmer]

Thank you much, TRC, I really appreciate your response. I had figured as much but just wanted to get another point of view. I'm in the same predicament as many, I over produce what my 5 patients can use and now what to do with the extras? This sucks

 

[Tripsick]

just take your overage and hash it. it will be less weight for sure.

 

[TheReleafCenter]

Thank you much, TRC, I really appreciate your response. I had figured as much but just wanted to get another point of view. I'm in the same predicament as many, I over produce what my 5 patients can use and now what to do with the extras? This sucks

I hear you, almost everyone does. I'd suggest making high end concentrates or edibles. Easiest way to make good use of extra plant material.

 

[cobcoop]

Is the limiting to 5 patients for private caregivers intended to control plant counts or who you can legally provide to or both?

It was intended to put independent growers out of business because they are much harder to track and tax than a storefront. Not to mention the $ behind the bill coming from interests who would like to drive the market towards their doors.

 

[Bud Spleefman]

I was told, by my Boulder MMJ Lawyer, just yesterday, the following:
I can have 30 plants for my 5 patients.
I can have 6 plants, for myself, as a patient.
My wife can have 6 plants for herself, as a patient, as long as she isn't a Caregiver, because Caregiver Co-ops are expressly forbidden by HB-1284. My wife's plants, and my plants should be labeled as seperate from the Caregiver plants.
So, now we're up to 42!

 

[Bud Spleefman]

And to answer the original question, yes, they will be keeping track (this is easy with a computer, anytime the value for your patients goes over 5, they deny you any new apps) so you better keep your name on no more than 5 patient applications.

 

[PolishPotFarmer]

Thanks again everyone.

 

[summitoker]

1284 is the states way of pushing everyone back into the blackmarket leaving no way for a caregiver to get rid of excess meds. I read the whole thing last night it is garbage.

 

[Skunkmiester]

And to answer the original question, yes, they will be keeping track (this is easy with a computer, anytime the value for your patients goes over 5, they deny you any new apps) so you better keep your name on no more than 5 patient applications.

Unless your city bans dispensaries, mine is set to do so in about 30 min and I will watch on tv as they do. This will now mean I am able to take on 16 patients including myself as will any cg in our town.

 

[SnowGro]

Wait, does a slave still count as 6/10th of a person?

 

[PolishPotFarmer]

Unless your city bans dispensaries, mine is set to do so in about 30 min and I will watch on tv as they do. This will now mean I am able to take on 16 patients including myself as will any cg in our town.

I'm watching my city very closely too. Broomfield voted last week 5-4 for a ban, with one guy not in attendance.

Any idea what it's gonna take to get that 'exemption' for 16 patients? Paperwork, a letter from patients? Who will approve or disapprove?

There is a guy in our local enterprise paper (several times), name slips me now, but he's got 15 patients and runs a pseudo dispensary from his trailer home. And they have left him be so far. He did mention he has everything in his operation set up as a non profit and didn't feel the 5 patient rule would apply to him???? Regardless he's doing it and has been for awhile and they are certainly aware that he is there.

 

[PolishPotFarmer]

Here's the guy, Chuck Teeples and North Metro Caregivers

http://www.broomfieldenterprise.com...ldenterprise.com-www.broomfieldenterprise.com

""STILL IN BUSINESS: Chuck Teeples, who runs North Metro Caregivers, a medical marijuana provider out of his home in Front Range Mobile Home Park, shows some of the marijuana he has from and for his patients. It is unclear if the proposed ban on dispensaries would shutter the business. Teeples does not believe the ban would apply to him because he is a nonprofit caregiver. City Attorney Bill Tuthill said North Metro Caregivers is in violation of a on medical marijuana dispensary moratorium and municipal code.""

 

[ds0110]

I was told, by my Boulder MMJ Lawyer, just yesterday, the following:
I can have 30 plants for my 5 patients.
I can have 6 plants, for myself, as a patient.
My wife can have 6 plants for herself, as a patient, as long as she isn't a Caregiver, because Caregiver Co-ops are expressly forbidden by HB-1284. My wife's plants, and my plants should be labeled as seperate from the Caregiver plants.
So, now we're up to 42!

What if you had an edible recc for 24? What if your wife did also? What if...most of your patients had edible reccs for 24? Or even if they were only 12 plant reccs...I would never advise anyone to actually approach 100 but what stops you from getting (including yourself) 6 recommendations together that total ~100 plants?

And to answer the original question, yes, they will be keeping track (this is easy with a computer, anytime the value for your patients goes over 5, they deny you any new apps) so you better keep your name on no more than 5 patient applications.

What stops any random patient from naming you as their caregiver? The problem with using this to investigate, is that as a caregiver you really have no control over who names you as such, or if they remove you when you ask them to, or if the DoR processes these requests accurately and quickly enough for the database record to be current.

How can you be held responsible for what other people write down about you?

 

[SGMeds]

What stops any random patient from naming you as their caregiver? The problem with using this to investigate, is that as a caregiver you really have no control over who names you as such, or if they remove you when you ask them to, or if the DoR processes these requests accurately and quickly enough for the database record to be current.

How can you be held responsible for what other people write down about you?

These are some good questions.

I suspect that the DOR is going to be using busted patients... narcs. Just like underage kids for the liquor biz.

 

[Bud Spleefman]

What if you had an edible recc for 24? What if your wife did also? What if...most of your patients had edible reccs for 24? Or even if they were only 12 plant reccs...I would never advise anyone to actually approach 100 but what stops you from getting (including yourself) 6 recommendations together that total ~100 plants?



What stops any random patient from naming you as their caregiver? The problem with using this to investigate, is that as a caregiver you really have no control over who names you as such, or if they remove you when you ask them to, or if the DoR processes these requests accurately and quickly enough for the database record to be current.

How can you be held responsible for what other people write down about you?

The lawyer I've been seeing is Gard out of Boulder, and he takes a pretty conservative stance on this. He says that unless you or your wife have serious medical conditions and have a doctor to back you up that you should stick to the 6 plants anyway. What can happen is the Cops CAN bust you for excess plants and then you have to defend your excess plants in court, and this involves SUPOENAING (sp?) your Doctor, who, if it's the same Docotor that wrote my 24 plant 6 oz. rec, I wouldn't want to count on in court. Let's face it, there's a couple Docs that have written a TON of those things, I admitt that I was using just this one guy, repeatedly, Dr. Shac&*for7, because every single rec he wrote was 24 plants/6 oz. So, THEY KNOW ABOUT THAT! Ultimately, you will do the time, NOT THE DOCTOR or THE PATIENT, so it's up to you. Personally I am going to try and stick to the 6 plants, per patient.

As far as other people naming someone as their Caregiver w/ out consent from Caregiver, sure if they want to waste their time and money only to get their rec rejected I guess they could do that, but why?

Something else we discussed was the cost of the Doctor's visit going up, probably to $250.00 per patient, because SB-109 requires at least 2 Doctor visits and a full physical. Which will reduce the amount of patients, for sure........

 

[Skunkmiester]

I am here retract my previous statement, my town is now leaving up to the voters. And it does appear that the 16 patient thing was removed at the last second which means if they get banned folks will do without. way to colorado.

 

[cobcoop]

I am here retract my previous statement, my town is now leaving up to the voters. And it does appear that the 16 patient thing was removed at the last second which means if they get banned folks will do without. way to colorado.

Removed from 1284 you mean? Looks like a re-wind to about 2 years ago for places outside of Boulder/Denver.

My understanding was that if you wanted to provide for more than 5 people that you had to basically plead your case to the State, and jump through all kinds of hoops including "registering" your CG services w/ them. They are also (in my understanding) wanting all CG's to register w/ the State voluntarily.

 

[Skunkmiester]

Removed from 1284 you mean? Looks like a re-wind to about 2 years ago for places outside of Boulder/Denver.

My understanding was that if you wanted to provide for more than 5 people that you had to basically plead your case to the State, and jump through all kinds of hoops including "registering" your CG services w/ them. They are also (in my understanding) wanting all CG's to register w/ the State voluntarily.

Yes thats correct.