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Colorado House Bill 1284

HokuLoa

Member
not trying to start shit, but I feel like the second you consider growing our sacred herb a business, you may have already lost your way.. This plant can both provide and take away, I have been on both sides of it, and have lost my way before..Karma is funny like that. I have gained new perspective in the past year regarding this very thing. It's okay to make a honest living, it's completely different to capitalize on a plant like this for the sole purpose of making $$$

2 cents

Fully! This is why these "just open a Center" arguments ring so hollow with real caregivers. We're not all profit motivated so trying to attack revenue in small businesses that are composed primarily of costs is just offensive.
 
(V) THE STATE HEALTH AGENCY MAY MAKE AN EXCEPTION, BASED
ON A REQUEST FROM A PATIENT, TO PARAGRAPH (a) OF THIS SUBSECTION (6)
LIMITING PRIMARY CAREGIVERS TO FIVE PATIENTS. IF THE STATE HEALTH
AGENCY MAKES AN EXCEPTION TO THE LIMIT, THE STATE HEALTH AGENCY
SHALL NOTE THE EXCEPTION ON THE PRIMARY CAREGIVER'S RECORD IN THE
REGISTRY.

This is on page 47 of the bill sub section 6. Does this mean that a PC can have more than 5 patients if a patient makes a request to the state,. I'm not sure what the requirements would be. Perhaps a particular caregiver has a certain strain that is better for the patients condition, or the caregiver is willing to provide a more personally tailored caregiving plan for the patient? Anyone else with thoughts on this?
 

Surrender

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

The Department is working to implement the provisions of H.B. 10-1284. That law contains a provision that limits a primary-caregiver to caring for no more than five patients unless exceptional circumstances exist. The Department plans to draft rules which will establish the criteria for "exceptional circumstances". Any proposed rules will first be taken to the Medical Marijuana Advisory Committee, which is currently being created, for review and comment. A formal rule-making hearing before the state Board of Health is necessary to adopt such a standard. Until such time as the Board has adopted rules that establish the criteria for exceptional circumstances, it is the responsibility of the patient and his or her current primary care-giver to determine whether that primary care-giver will continue providing services to the patient.
 

SGMeds

Member
(V) THE STATE HEALTH AGENCY MAY MAKE AN EXCEPTION, BASED
ON A REQUEST FROM A PATIENT, TO PARAGRAPH (a) OF THIS SUBSECTION (6)
LIMITING PRIMARY CAREGIVERS TO FIVE PATIENTS. IF THE STATE HEALTH
AGENCY MAKES AN EXCEPTION TO THE LIMIT, THE STATE HEALTH AGENCY
SHALL NOTE THE EXCEPTION ON THE PRIMARY CAREGIVER'S RECORD IN THE
REGISTRY.

This is on page 47 of the bill sub section 6. Does this mean that a PC can have more than 5 patients if a patient makes a request to the state,. I'm not sure what the requirements would be. Perhaps a particular caregiver has a certain strain that is better for the patients condition, or the caregiver is willing to provide a more personally tailored caregiving plan for the patient? Anyone else with thoughts on this?


This is an interesting interpretation!

Was previously reading it under the assumption that this would only apply to those areas that banned dispensaries... this is how it was explained to me.

Interesting to reread it this way...
 

tharmer

New member
>Even if we all agree that a significant percentage of patients are PURELY recreational users
Yep, we agree.

>how do you then derive that "this is all a scam?"
You just admitted it is. If the law is about Medical users then recreational users are scamming the system. So let's all be adults and be honest about what is REALLY going on, not trying to pretend all these alleged patients are actually sick.

>Are you seriously telling us the medical cannabis program in CO has no legitimacy
Don't put words in my mouth, troll.

>As for affecting me, I elaborately told you how it affects me AND everyone else in the industry.
You once grew, now you can't. Yes I get this, I'm certainly I already said this twice even. Of course you ignore my suggestion that you get a license if you want to continue and it's funny how you assume you know how the new laws affect others.

>However, many of us dutifully followed the legal framework we were told was necessary to operate.
And then dropped the ball in the eleventh hour when the state told you what to do. Now you want to attack me because I am stating in this forum that people like you did a disservice to yourself (and any REAL patients you may have had) by not following 10-1284. Instead of wasting your time here perhaps you could be negotiating with someone who is going to be licensed by the state? Nah, just stay here and cry because there is a new law you don't like.

>We established businesses, invested heavily, actively worked with local and state authorities (including leo)
If this were true you'd pay the extra $7500 to get the license. Obviously you are either retarded or a really really bad businessperson.

>the laws were changed and suddenly we are "illegal" again.
Suddenly? Come on dude, cry me a river. 10-1284 was first proposed in what January? It's July dude. Were you not paying attention when Rob Corry told everyone what was coming on February 10? Were 5 months not long enough for you to locate and rent a retail space? Hell if you are a legally growing in Denver, you don't even need a second space... you can just cut out a 10% section of your industrial plot and call it a dispensary. And you still have one full year to comply. This was not sudden.

>a lot of real caregivers purposely chose not to open dispensaries BECAUSE there was not a firm legal standing
Illogical, there is NO legal standing federally for any of it. Once Stacy Clendenin was arrested anyone who acted as a caregiver must have realized their tenuous legal position. If you are willing to caregive and grow you must have been willing to open a dispensary; you already break federal law and you must recognize that the state is working to protect this industry from the FED. Anyone who wants to wait until all the legal questions are settled is someone who doesn't want to take any risk. This person who waits will find they missed the boat on this booming industry.

>Not to mention the fact that many of our patients are also unable to go to a retail front in the first place.
THE NEW LAW ALLOWS DISPENSARIES TO DELIVER TO HOMEBOUND PATIENTS. And you say I don't know the law, LOL.

>Because of that decision, yes, we AND our patients ARE in legal jeopardy.
You've rambled on and on about how you can't grow large scale anymore and were surprised to find the law had changed (while you were busy getting stoned?) but you have certainly not proven how patients are now somehow in jeopardy under the new law. And why are you yelling at me instead of your lawyer if you truly were surprised by this new law? Every MMJ lawyer in the state should have been telling their clients this law was coming since February.

>Cultivation aside, we followed the letter of the law more explicitly and are getting shit on for it.
Then why did you drop the ball in the eleventh hour? If you were so committed / invested why not open a store?

>Ah, I see. You don't really value the professionals in the medical cannabis industry.
Professionals? Caregivers like yourself are Professionals? LOL. Professional caregivers are dispensary owners. People like yourself, who are no longer allowed to sell marijuana for a profit, are by definition "amateurs".

>Yes, I like to grow plants (all plants) and I do it exceptionally well. THAT IS MY REAL JOB!!!!
Then you should have no problem getting a job with a dispensary who needs a skilled grower.

>You say you are a business person yet you don't realize the legitimacy of "economic survival"
Don't make assumptions. I know all about economic survival which is why your arguments make so little sense. If you were heavily invested and of high moral character and had actual patients you would open a dispensary. One of these things is not true about you and instead of admitting it you came here to cry. The American Dream is going to come to dispensary owners, not growers who don't want to follow 10-1284. Maybe you could move to another state where the laws are less strict.

>I talk patients and you switch to caregivers... lazy. Patients, especially really
>sick patients ARE in the lurch. They have new hoops to jump through to legally
>access their medicine OR they must knowingly medicate through what is now
>AGAIN the black market.

It's almost like you don't live in Colorado. You said patients are in a lurch, I called you a liar and said the only people in a lurch are caregivers who don't want to follow the law. Like you. And then you went on with some nonsensical blather.

>How does my MS patient for instance benefit from a retail store if she cannot leave her house??
Um, by getting a high quality product from a reliable source (who is not a thug) who delivers it to her at her home under the new law.

>How does she afford meds if I open a retail w/ all the related costs and can no longer afford to give her free meds???
Give her free meds, you're a caregiver that is exactly what caregivers are supposed to do. AND most dispensaries would work with a local homebound patient who couldn't afford to pay black market prices (which most caregivers still want to charge).

>Retail DOES NOT BEST SERVE REAL PATIENTS!!!! Wake up to reality.
You are wrong. If retail was not the best method to control the distribution of narcotics then Walgreens would not be as large as they are. If you don't like capitalism I suggest heading to California where all growers/caregivers/coops are in essence socialist hippie communes.

>Patients of top quality, formerly legal caregivers could theoretically go to Centers now.
>However, why would they if they know the quality is vastly inferior and the price is higher?

This is the type of assumption many caregivers who didn't/can't follow 10-1284 make. The truth is that there are hundreds and hundreds of dispensaries all around the state and they each provide different products and price points. The higher price point argument is unfounded. For example, caregivers and Denver based dispensaries largely charge around $250 to $300 per ounce.

These baseless attacks on dispensary owners as not being able to grow are just flat out insulting to all the dispensary owners who do. Do you know where the largest marijuana farm in the United states is? Pueblo. A dispensary in Pueblo runs the largest marijuana farm in the USA. Go tell Mike Stettler he doesn't know how to grow weed. This is where the industry is headed, people who actually care about others and have a love for fine weed will make millions providing all known strains of our favorite plant. Go ahead tell me how Mike Stettler is anything but a caring person who is trying to provide extremely high quality medicine to his patients at a rock bottom price.

>How will they if they are of limited mobility?? They won't!
THE LAW ALLOWS DISPENSARIES TO DELIVER TO HOMEBOUND PATIENTS. Kindly stop insulting me and go read the actual law.

>Even with 10-15 patients opening a retail Center does not make sense.
Says the wanna-be businessman. My take? It's the best way to stay legal.

>From an economic standpoint it makes no sense because the costs start
>to outweigh the potential LEGAL revenue.
Two dispensaries in Oakland CA bring in 40 million in revenue. I don't know what the biggest dispensaries in Colorado do, but I've come across a number that do between 50 and 100 thousand a month in sales. When people start businesses they need to examine the costs, but at some point they also need to make a leap of faith. You made a leap when you started to caregive and then dropped the ball before you 'made it'. That's kind of sad dude. Did you also drop out of school before you graduated?

>My patients need CARE in their homes and personal life. If I need to maintain a retail store
>I then have little time to serve my primary function as CAREGIVER to my patients as defined
>in part by State law (not that I support that definition particularly). So still no logic for a retail store.
No but a ton of excuses why you can't do it. No real insurmountable problems, only the fear of them.

>The real logic in opening a Center is that it WOULD allow me to profit tremendously by acquiring
>greater patient numbers. THAT DOES NOT BEST BENEFIT PATIENTS THOUGH!!! You either are
>ignoring or are ignorant about what "actually sick people" need and how they are best "helped."
>Your "logic" is VERY far from logical.
Opening a business is not a logical move, it's a calculated move and a leap of faith. Not everybody has the mindset to actually take this leap. For some it's about massive profits, but for others if's about caring for people. There is still time, stop making excuses and go find a store you can work at. Patients across the state need high quality medicine, if you can provide it you should work for someone who is allowed to grow and sell it.

>I'm anti CA because it favors ILLEGAL sourcing and penalizes those of us who try to be law abiding.
You mean it forces you to drop your price. Or are you leo and actually concerned about the federal drug trade? (Oh the irony).

>I also resent CA business vampires sucking revenue out of the State of CO.
I have zero concerns about foreign weed, that's the states problem. You probably hate Walmart too. Great, join a commune. I'll stay right here, in America.
 

tharmer

New member
This is what Colorado is trying to do

This is what Colorado is trying to do

For all the same reasons we have 'issues' around marijuana in Colorado people in California do too. You probably know that there is a proposal on this fall's ballot in CA to legalize marijuana for adults.

In a newspaper article published today about their US Senator's position that marijuana laws are fine the way they are, she says some really stupid things (like many politicians do). The LA Times journalist responds to each of the senators points and he concludes:

"Proposition 19 seeks to enhance the safety of California's communities by removing the commercial cultivation and distribution of marijuana from criminal entrepreneurs and moving it into the hands of licensed, regulated business people".

I would argue that this is EXACTLY what the politicians in Colorado are trying to do with 10-1284. Because it is hard/impossible to monitor/license/control all the individual caregivers in the state, politicians concluded the only way to effectively manage the process is to license 1000 (or so) business owners who will be provided with a very strict set of rules (and large legal fees).

It's a shame that growers got the short end of the stick on this, but there is still time for experienced growers to work with licensed dispensary owners.

The author, a deputy director at NORML ends with:

"It is time to bring long-overdue oversight to a market that is presently unregulated, untaxed, uncontrolled and monopolized by criminal entrepreneurs. It is time to replace nearly 100 years of failed marijuana prohibition with a policy of sensible cannabis regulation." - http://www.latimes.com/news/opinion/opinionla/la-oew-armantano-20100721,0,5546540.story

Colorado leads the nation in its attempt to create this 'sensible cannabis regulation'. And we still have a full legislative session to get it all right before 7.1.11. :hide:
 
C

cannagirl

Tharmer in case you havent noticed, you are on a PRO-MMJ site. Do you even grow? Do you use mmj? Do you have pictures of your current projects or grows? If not please go back to eating donuts, COP!
 

Greenmopho

Member
Hey guys, I'm back! Haven't been 'round here much, just started catching up on this thread....and basically the fundamental argument seems to be greed vs. fear, both of which IMHO should not have anything to do with cannabis, unfortunately, neither is true.

pretty easy to spot the non-growers on here. they spout the most uninformed crap and yes, they f up informative threads.

funk said it all. chase your dollars elsewhere, chase your dank here.

I do see that most of the arguments made by tharmer don't really take into consideration the true experience, knowledge, skill, and hard labor that goes into growing top quality meds. The examples given often site dispensary meds with good intentions, but as I see it, tharmer doesn't have a true comprehension of real quality and/or he could give 2 shits about real quality. We get these business school kids here that were frat boys playing with daddy's money in this industry, they aren't real smokers like us and they get ripped off of 2 tokes of any schwag around, then they assume pot is pot, if its green, someone will smoke it, it all equals money in their eyes, typical street dealer/middleman mentality. I hear this crap all the time from amateur smokers and/or business men, its the greedy selfish nature of capitalism showing its devilish head. Thank you, however, for giving us honest long-time growers and smokers some insight into the beliefs and judgements of our business opposition. IMHO capitalism has no place in cannabis, but I'm just a loser stoner, what do I know. I barely have money to keep my internet on....
 
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Greenmopho

Member
What do you consider real quality? It's obviously something you're pretty passionate about.

Its been said by a few of us here in this thread and elsewhere. There a few good dispensaries around the state with fair prices and decent knowledge, but they are far a few between. And because they have decent meds, they tend to run out quicker than most, so its still hard to get real quality unless you stand it line at 10am when the doors open at these far and few between "centers". Most dispensaries are profit driven and have little knowledge of the product they are selling. Most take for granted the effort put in by growers, don't have any sense of ethics, and simply run a dispensary like any other money making business model; i.e.: reduce expenses, sacrifice quality at the expense of quantity, and jack up the prices...buy low, sell high. This goes against the ethics of our subculture and against the respect and patients its takes to grow, love, and care for plants in order to be true quality.

And whats with all the anti-grower sentiment on these threads lately? Isn't this a "grower" site? Not a dispensary site? Go back to weed maps. I know icmag has become a stronger forum for political debate in recent years with the medical movement prevailing, but it seems in recent weeks the guys in suits have been brushing up on their forum posting skills and really trying to dominate the conversation.

I'm not a dispensary hater, they could do the right thing...but then there is greed, and capitalism, and corruption....
 

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