Colorado House Bill 1284

warrenedson · May 12, 2010

Didn't they close by saying it still needed to go back through C.O.W.?

warrenedson · May 12, 2010

It appeared that they were voting on the bill without knowing the exact changes that had come out of today's committee.

Manitoid · May 12, 2010

is there a further update?

is there a further update?

Does anyone who has been commenting today have an update about this?

Did it not go to committee?

And was everyone saying there will not be an injunction, even though some points seem unconstitutional?

Thanks
Manitoid

GreenintheThumb · May 12, 2010

Does anyone know if the 2 year residency clause was still in it? And can you still work for a dispensary as long as you are a CO resident? It read to me like you have to live here for 2 years to get the grow/dispensary license but employees only have to be current residents?

BigSwifty · May 12, 2010

It passed

It passed

It definitely passed.

49-16

And Ritter says he will sign it:

http://www.9news.com/news/article.aspx?storyid=138705&catid=339

Manitoid · May 12, 2010

Ritter has nothing to lose, as he is not running for re-election.

And why will there not be an injunction process?

How could a judge not agree that some points are unconstitutional?

MrDank · May 12, 2010

this bill supports only the big dispensaries

let the fat boys have their cake and eat it too

Makes me glad I have hoarded most of my best genetics

Mile Hi Dave · May 12, 2010

Back underground for me...glad I never disclosed any grow location...

MrWeekend · May 12, 2010

MrDank said:
this bill supports only the big dispensaries

let the fat boys have their cake and eat it too

Makes me glad I have hoarded most of my best genetics

but what sucks is now you can get arrested pretty easily for those genetics....back to the black market we come.....your buddies disp planning on paying the ransom?...would really suck to invest all that money into a disp, then get hit with this 1284 bill.

MrDank · May 12, 2010

when does this go into effect? how does the timeline on all of this work out?

MrDank · May 12, 2010

MrWeekend said:
but what sucks is now you can get arrested pretty easily for those genetics....back to the black market we come.....your buddies disp planning on paying the ransom?...would really suck to invest all that money into a disp, then get hit with this 1284 bill.

yep, I can get arrested for those genetics...and at the same time, I am thrilled that i never gave these big wigs any of my best gear. Trust me, one of them in particular came pretty close. They can create their monopoly with somebody else's hard work, not mine

my friends dispensary can't afford the $35k ransom.

also what about all of the people who paid the Denver $5k application fee? will they be able to get their $$$ back?

kingdome · May 12, 2010

how long do you have to become compliant, I mean theres no process yet to pay any fees etc, so when does this take effect?

Mile Hi Dave · May 12, 2010

MrDank said:
when does this go into effect? how does the timeline on all of this work out?

Money in by 1 July, 2010...prove you can provide 70% of your own product, 1 Sept, 2010...

12-43.3-103. Applicability.

(1) (a) ON JULY 1, 2010, A PERSON

20

WHO IS OPERATING AN ESTABLISHED, LOCALLY APPROVED BUSINESS FOR

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THE PURPOSE OF CULTIVATION, MANUFACTURE, OR SALE OF MEDICAL

22

MARIJUANA OR MEDICAL MARIJUANA-INFUSED PRODUCTS OR A PERSON

23

WHO HAS APPLIED TO A LOCAL GOVERNMENT TO OPERATE A LOCALLY

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APPROVED BUSINESS FOR THE PURPOSE OF CULTIVATION, MANUFACTURE,
25 OR SALE OF MEDICAL MARIJUANA OR MEDICAL MARIJUANA-INFUSED

26

PRODUCTS WHICH IS SUBSEQUENTLY GRANTED MAY CONTINUE TO

27

OPERATE THAT BUSINESS IN ACCORDANCE WITH ANY APPLICABLE STATE

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OR LOCAL LAWS

. 1 "ESTABLISHED", AS USED IN THIS PARAGRAPH (a), SHALL

2

MEAN OWNING OR LEASING A SPACE WITH A STOREFRONT AND REMITTING

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SALES TAXES IN A TIMELY MANNER ON RETAIL SALES OF THE BUSINESS AS

4

REQUIRED PURSUANT TO 39-26-105,C.R.S., AS WELL AS ANY APPLICABLE

5

LOCAL SALES TAXES.
6 (b) TO CONTINUE OPERATING A BUSINESS OR OPERATION AS

7

DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (1), THE OWNER SHALL,
8 ON OR BEFORE AUGUST 1, 2010, COMPLETE FORMS AS PROVIDED BY THE

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DEPARTMENT OF REVENUE AND SHALL PAY A FEE, WHICH SHALL BE

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CREDITED TO THE MEDICAL MARIJUANA LICENSE CASH FUND ESTABLISHED

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PURSUANT TO SECTION 12-43.3-501. THE PURPOSE OF THE FEE SHALL BE

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TO PAY FOR THE DIRECT AND INDIRECT COSTS OF THE STATE LICENSING

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AUTHORITY AND THE DEVELOPMENT OF APPLICATION PROCEDURES AND

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RULES NECESSARY TO IMPLEMENT THIS ARTICLE. PAYMENT OF THE FEE

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AND COMPLETION OF THE FORM SHALL NOT CREATE A LOCAL OR STATE

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LICENSE OR A PRESENT OR FUTURE ENTITLEMENT TO RECEIVE A LICENSE.
17 AN OWNER ISSUED A LOCAL LICENSE AFTER AUGUST 1, 2010, SHALL

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COMPLETE THE FORMS AND PAY THE FEE PURSUANT TO THIS PARAGRAPH

19 (b)

WITHIN THIRTY DAYS OF ISSUANCE OF THE LOCAL LICENSE. IN

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ADDITION TO ANY CRIMINAL PENALTIES FOR SELLING WITHOUT A LICENSE,
21 IT SHALL BE UNLAWFUL TO CONTINUE OPERATING A BUSINESS OR

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OPERATION WITHOUT FILING THE FORMS AND PAYING THE FEE AS

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DESCRIBED IN THIS SUBSECTION (b), AND ANY VIOLATION OF THIS SECTION

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SHALL BE PRIMA-FACIE EVIDENCE OF UNSATISFACTORY CHARACTER,
25 RECORD, AND REPUTATION FOR ANY FUTURE APPLICATION FOR LICENSE

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UNDER THIS ARTICLE.
27 (c) A COUNTY, CITY AND COUNTY, OR MUNICIPALITY SHALL

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1284

PROVIDE TO THE STATE

1 LICENSING AUTHORITY, UPON REQUEST, A LIST

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THAT INCLUDES THE NAME AND LOCATION OF EACH LOCAL CENTER OR

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OPERATION LICENSED IN SAID COUNTY, CITY AND COUNTY, OR

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MUNICIPALITY SO THAT THE STATE LICENSING AUTHORITY CAN IDENTIFY

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ANY CENTER OR OPERATION OPERATING UNLAWFULLY.
6 (2) (a) PRIOR TO JULY 1, 2011, A COUNTY, CITY AND COUNTY, OR

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MUNICIPALITY MAY ADOPT AND ENFORCE A RESOLUTION OR ORDINANCE

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LICENSING, REGULATING, OR PROHIBITING THE CULTIVATION OR SALE OF

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MEDICAL MARIJUANA. IN A COUNTY, CITY AND COUNTY, OR MUNICIPALITY

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WHERE SUCH AN ORDINANCE OR RESOLUTION HAS BEEN ADOPTED, A

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PERSON WHO IS NOT REGISTERED AS A PATIENT OR PRIMARY CAREGIVER

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PURSUANT TO SECTION 25-1.5-106, C.R.S., AND WHO IS CULTIVATING OR

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SELLING MEDICAL MARIJUANA SHALL NOT BE ENTITLED TO AN

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AFFIRMATIVE DEFENSE TO A CRIMINAL PROSECUTION AS PROVIDED FOR IN

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SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION UNLESS THE

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PERSON IS IN COMPLIANCE WITH THE APPLICABLE COUNTY OR MUNICIPAL

17

LAW.
18 (b) ON OR BEFORE SEPTEMBER 1, 2010, A BUSINESS OR OPERATION

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SHALL CERTIFY THAT IT IS CULTIVATING AT LEAST SEVENTY PERCENT OF

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THE MEDICAL MARIJUANA NECESSARY FOR ITS OPERATION.
21 (c) ON AND AFTER JULY 1, 2011, ALL BUSINESSES FOR THE

22

PURPOSE OF CULTIVATION, MANUFACTURE, OR SALE OF MEDICAL

23

MARIJUANA OR MEDICAL MARIJUANA-INFUSED PRODUCTS, AS DEFINED IN

24

THIS ARTICLE, SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF THIS

25 ARTICLE AND ANY RULES PROMULGATED PURSUANT TO THIS ARTICLE.

Greenmopho · May 12, 2010

Mile Hi Dave said:
Money in by 1 July, 2010...prove you can provide 70% of your own product, 1 Sept, 2010...

How in the world can anyone pull that much money out of their ass in 6 weeks? So if its not in by July 1st, you can never open a grow ever? Closed industry? Thats not very American or free by any length! So this bill not only favors big money, it favors big money NOW! I'm too legal to go underground. I've spent the last 6 months getting my grow legal with building codes and inspections, now this?

What about breeders? New strains can only be legally bred by dispensaries? They'll be selling us Elephant Bud and Oracle in no time.

kingdome · May 12, 2010

so you only have to make changes and become affiliated with a dispensary if your a caregiver providing for more than 5 patients? what is the fee you have to pay to become a regeistered offsite grow location for a dispensary?

thanks all

Greenmopho · May 12, 2010

Regulation = Corporate control

MrWeekend · May 12, 2010

MrDank said:
yep, I can get arrested for those genetics...and at the same time, I am thrilled that i never gave these big wigs any of my best gear. Trust me, one of them in particular came pretty close. They can create their monopoly with somebody else's hard work, not mine

my friends dispensary can't afford the $35k ransom.

also what about all of the people who paid the Denver $5k application fee? will they be able to get their $$$ back?

one of my buddies in boulder was wondering the same thing....they just shelld out a pretty penny for boulder........only if there was some way for all the good growers to ban together and really have an "elite" disp & put all the others to shame....unfortunatley this bill makes it nearly impossible if you want to stay legal

MrWeekend · May 12, 2010

kingdome said:
so you only have to make changes and become affiliated with a dispensary if your a caregiver providing for more than 5 patients? what is the fee you have to pay to become a regeistered offsite grow location for a dispensary?

thanks all

I believe it was 10-15k per grow....someone please correct me if im wrong.......35k per disp location

kingdome · May 12, 2010

damn, if you stick to the 5 patient limit you don't have to pay that offsite $10-15k dollar fee do you?

didn't they validate doctor recommendations for over 3 blooming plants as well in this bill? so you can legally grow more if the doc gives you the okay? please say this is the case

Moonshine* · May 12, 2010

Colorado House Bill 1284

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Rare Dankness