Colorado Questions

Hi,

I am a medical marijuana patient in the Denver Colorado area. I understand the law in that I personally am allowed to grow up to 6 plants, not more than 3 of them in the mature flowering stage. I have a small grow tent and have followed the law to the letter, actually destroying a female plant when 4 of the 6 determined female.

Before my plants became mature, I had to use a dispensary. I have been using a dispensary near I-25 and Colorado Blvd ran by a Russian guy. He has pounds and pounds of pot at his location. What I don't understand is, how can he posses more than the two ounces that I am limited to?

Unfortunately I may lose my job in the coming months and am looking for a new career path. I was thinking of opening a dispensary or just growing to sell wholesale to the dispensaries. But by reading the law, I just don't see how to do it legally. I actually don't see how dispensaries operate legally. I mean if I am limited to 3 flowering plants, how can I ever grow enough to make it a full time job? Where do dispensaies' get their supply? Why do I see the same strains every where, OG KUSH, AK-47, etc. etc.?

I really enjoy growing marijuana and would love to invest in this industry but don't want to go to prison. Of course I know I can consult with an attorney and probably will but wanted to see if there was any information out there.

Thanks,
Nithisam

The way i understand the law is that. He is probably a care giver for many pateints if you are a patient you get your six plants, if you become a care giver for another pateint you now can grow and keep the amounts for ureself and the other pateint.

So 12 plants and 4 oz lose. and so on and so on. So if you have 10 patients you can grow there 60 + your 6. so you could flower 33 and veg 33 plants total add keep 22 oz lose. hope that helped you and hope my information is corect>

That info is correct.
To add:
A disp may have as many growers/cg that they can find, get patients for them to grow the patients plants. The the disp agrees to purchase whatever amount you grower and they sell to yours and other patients. Some disp will offer discount to patient by having member and non-member pricing.
There are a lot of gray areas in our law, and most are using those areas to their advantage.
One last thing, you still have the affirmative defense if needed. The law states "whatever is medically necessary" so if you have more then 6/3/2 oz then you have to prove why you need that much.

HTH
pp69

Rydub said:

The way i understand the law is that. He is probably a care giver for many pateints if you are a patient you get your six plants, if you become a care giver for another pateint you now can grow and keep the amounts for ureself and the other pateint.

So 12 plants and 4 oz lose. and so on and so on. So if you have 10 patients you can grow there 60 + your 6. so you could flower 33 and veg 33 plants total add keep 22 oz lose. hope that helped you and hope my information is corect>

Click to expand...

Yep, PP69 is on the mark. Either the patient or the cargiver can grow the 6 plants.

Any of our patients sign an agreement that they won't grow in addition to the 6 plants we are cultivating on their behalf.

SoCoMMJ said:

Yep, PP69 is on the mark. Either the patient or the cargiver can grow the 6 plants.

Any of our patients sign an agreement that they won't grow in addition to the 6 plants we are cultivating on their behalf.

Click to expand...

That when we designated the dispensary to be our caregiver to get the better prices that we gave up our right to grow our 6 plants?

We did designate the dispensary as our caregiver but we were just doing this until our own garden started producing. That means I have to go back to the state and ask the caregiver designation be removed?

Thanks,

Everything posted above is true.
What everyone is forgetting is that Amendment 20 says nothing about dispensaries.
They are neither legal nor illegal, and present a huge grey area.
For the time being, dispensaries are doing whatever they want (without attracting attention) and getting away with it.
For now, nobody can answer your question.
You will have to wait for rulings in the coming months to determine the stance of dispensaries.

Your best bet however is to abide by the law and only have 6 plants or two ounces per patients.
This is where caregivers come into play.

my dispensary told me that i can never lose or sign over my rights to grow my 6 plants. And that im only giving them the right to grow 6 six also as a my care giver. If you read the law it never says you give up your right to grow when you list a care giver.

The law states that a patient and a Caregiver may "COLLECTIVELY" grow 6 plants... . You don't automatically give up your right to grow your own plats, but a caregiver may assume that that is what you want him to do for you. If your a patient and want to grow some your self (which I recommend) then when you sign someone as your cg have an agreement as to how many you/they are each going to grow. There is also the affirmative defense if your over your 6, get a Dr to recommend more plants and divy them up to your cg and you.

The law does not SPECIFICLLY mention Disp as a business, BUT has wording that many are reading dispensary into.

(d) Notwithstanding the foregoing provisions, no person, including a patient or primary care-giver, shall be entitled to the protection of this section for his or her acquisition, possession, manufacture, production, use, sale, distribution, dispensing, or transportation of marijuana for any use other than medical use.


HTH
pp69

i was specifiacly told face to face with the owner of the dispencery i decided to go to. I told him specificaly that i want my privlidge to grow all 6 of my plants. He told me straight up and straight faced that the patient does not wave his privelidge to grow his 6 plants even though i put them down as a caregiver. Thats all i cared about when i signed up with this dispencery. And i made it perfectly clear that i want to grow my 6.

Matter of fact he stated something called the umbrella. He told me not only do i get to grow my 6, He gave me permission to grow the six that i gave him permission to grow as care giver, He said he would probally never grow my six. So he sent me a card telling me that i have the permission to grow his 6 and my 6. 12 total. and if there is any question with law enforcement have the police call him directly.

If that is not the case then i need to know now so i can release them as my caregiver.

I must add that this dispencery seems extremly profesional and Knowlegable.

But ya never know i guess

Like has already been stated, the law states clearly that either the caregiver OR the patient can have 6 plants, not both. In addition you may also have 2 ounces of dried medicine. {somebody above said 6 plants OR 2oz}

GO READ THE LAW FOR YOURSELF AND QUIT TRUSTING WHAT OTHER PEOPLE ARE TELLING YOU.
http://www.cdphe.state.co.us/hs/medicalmarijuana/amendment.html
other information is here:
http://www.cdphe.state.co.us/hs/medicalmarijuana/

If somebody provides you with incorrect information, it will be you in the handcuffs not them.

There are instances where you can have above the 6 plants, but will require a court room to sort it out. Law enforcement goes by 6 Plants.

But, don't listen to me, you are a patient, go read the rules for yourself and make your own judgment.

You can submit a new form to the state to easily change or remove your caregiver, but you must get it notarized now.

I really appreciate all of the information and opinions here. I contacted the state today and they wouldn't give me any opinions just told me to read the law and interpret it myself. I was also told that to remove my caregiver that I must submit a notarized request to do so.

It is important that I pursue this opportunity legally. This is an emerging industry and we need ethical people committed to its legal development if we are to keep it. I am going to pursue opening my own dispensary in the coming months, risking much of my life's savings to do so but I believe in this and want to be a part of it.

I live in Aurora and it is clear that they will not tolerate dispensaries operating in their city. Clearly Denver does. I am going to start looking for cheap office or warehouse space but now need to figure out where. My husband is a VP of sales for a large national corporation but he too fears losing his job soon. He understands marketing and sales at high level and he tells me that this is a business that should put its money into marketing not location. In fact he feels that a prominent location may be counter productive and draw unwanted attention for city, county and state law enforcement. While a discreet location would be more likely to be tolerated. Do you guys agree?

He also believes that any dispensary operator must be actively engaged in the community with a portion income going to anti-addiction/drug abuse programs, active engagement with any regulatory meetings held by government agencies etc. The more upfront and involved you are the more likely you are to be able to defend yourself if your business is targeted by LE Thoughts?

I think you are completely correct. The more involvement with community the better. I am researching doing a disp. in Denver, also. I would love to talk with you about that, if you are interested.

nithisam said:

I really appreciate all of the information and opinions here. I contacted the state today and they wouldn't give me any opinions just told me to read the law and interpret it myself. I was also told that to remove my caregiver that I must submit a notarized request to do so.

It is important that I pursue this opportunity legally. This is an emerging industry and we need ethical people committed to its legal development if we are to keep it. I am going to pursue opening my own dispensary in the coming months, risking much of my life's savings to do so but I believe in this and want to be a part of it.

I live in Aurora and it is clear that they will not tolerate dispensaries operating in their city. Clearly Denver does. I am going to start looking for cheap office or warehouse space but now need to figure out where. My husband is a VP of sales for a large national corporation but he too fears losing his job soon. He understands marketing and sales at high level and he tells me that this is a business that should put its money into marketing not location. In fact he feels that a prominent location may be counter productive and draw unwanted attention for city, county and state law enforcement. While a discreet location would be more likely to be tolerated. Do you guys agree?

He also believes that any dispensary operator must be actively engaged in the community with a portion income going to anti-addiction/drug abuse programs, active engagement with any regulatory meetings held by government agencies etc. The more upfront and involved you are the more likely you are to be able to defend yourself if your business is targeted by LE Thoughts?

Click to expand...

Ok- I have a plethora of questions, if someone could please help me out. I tried clicking on the links posted by another poster but they didnt work.

First- I know of 4 people who would allow me to be their caregiver, so therefore I can grow up to 6 plants each. What I dont get is how I distribute it to them. Do I charge them on my own? From what I've been reading, it looks as if a caregiver just grows for their patients and sells it to a dispensary? I also read that a caregiver can not form a business, so if I do charge patients for it, are there any taxes? Would I report the income on my annual taxes?
Next- if they assign me as their caregiver, can they still purchase at a dispensary?
If I do decide to become their caregiver, where am I allowed to grow? I own my own home but dont really have enough room for that many plants. Obviously renting an apartment would be frowned upon by the landlord. Is renting a garage or storage unit a possibility? If so, or even if not, what are the zoning codes for such an operation assuming there would be lights, water, chemicals, etc...?

Any help would be much appreciated.
Thanks

SenFLo said:

Ok- I have a plethora of questions, if someone could please help me out. I tried clicking on the links posted by another poster but they didnt work.

First- I know of 4 people who would allow me to be their caregiver, so therefore I can grow up to 6 plants each. What I dont get is how I distribute it to them. Do I charge them on my own?
Yes you make a deal with each patient how much if any you'll charge for medicine. From what I've been reading, it looks as if a caregiver just grows for their patients and sells it to a dispensary? Some caregivers will sell excess to dispensaries I also read that a caregiver can not form a business, You can start a business if you want so if I do charge patients for it, are there any taxes?Yes, city, State and Federal Would I report the income on my annual taxes? Yes
Next- if they assign me as their caregiver, can they still purchase at a dispensary? Yes, Some disp will charge more for not being the patients Primary Caregiver
If I do decide to become their caregiver, where am I allowed to grow? You don't need to live at your grow site. I own my own home but dont really have enough room for that many plants. Obviously renting an apartment would be frowned upon by the landlord. Is renting a garage or storage unit a possibility? Yes If so, or even if not, what are the zoning codes for such an operation assuming there would be lights, water, chemicals, etc...? If the place is in a commercial zone then there aren't any further regulations.

Any help would be much appreciated.
Thanks

Click to expand...

Hope that helps
pp69

I don't know if you have been watching the local Colorado news, but law enforcement believes that dispensaries are illegal under Colorado law.
I would bet we will see some dispensaries getting raided soon to test the laws. I don't think that the way some dispensaries operate is going to be found legal.

I was looking at a couple of their web-sites and I think they are just cheating those who sign over their plants:

One in particular will give you an eight ounce every two weeks - so a quarter ounce a month leaving them with the rest of YOUR PLANTS to sell to other patients.

Even if they only net 2 ounces per plant that is still 6 ounces every 3 months or two ounces per month.

Two ounces minus your quarter ounce leaves them one and three quarters ounces of YOUR PLANTS to sell each month.

At $300 per ounce which is low - they make $525 every month for each patient they get to sign over THEIR PLANTS, and you get a quarter ounce per month.
10 patients = $5250 per month, 100 patients = $52,500 per month - this is not what voters were thinking when they approved Medical Marijuana.

Just my 2 cents worth.

DENVER - Metro Cannabis has a small office with a phone that's constantly ringing.





"A lot of people call," the medical marijuana dispensary's president, Olga Skuratovich, said. "Most people who call are people in need of medication."

Skuratovich estimates that her workers provide medical marijuana to more than 1,500 people, many of whom complain of medical conditions.

"A lot of people we see do feel better afterwards and they come in and tell us about it," she said.

She added that, before providing anyone with medical marijuana, the workers at her company verify that person is part of the state registry of people who qualify to receive cannabis, which the DEA identifies as a level 1 controlled substance.

"We don't let anybody in, unless they have the proper paperwork, which is a state registry card or a physician's certification," Skuratovich said.

Skuratovich says she operates a legitimate medical marijuana dispensary.

But Jeff Sweetin, special agent in charge of the Denver field division with the Drug Enforcement Administration (DEA), says there's no such thing as a legal dispensary.

"They're clearly in violation of federal law. The issue at hand is whether or not they are in violation of state law. And I believe they are," he said.

Sweetin says that even though medical marijuana is legal in Colorado, it is not legal under federal law. Even within the state, Sweetin has his doubts about the legitimacy of dispensaries.

His organization is not notified when new dispensaries open in the state. Some estimate there are more than 100 dispensaries in Colorado.

"The [medical marijuana] registry does not comment, sanction, recommend or regulate dispensaries," he said.

Dispensary owners like Skuratovich say they operate within state law.

"We're completely legitimate. We have all our licenses and paperwork," she said.

With requests for medical marijuana registration cards pouring into the state health department every day, Sweetin says it's impossible for dispensaries to grow enough marijuana to supply every customer. Skuratovich agrees, saying her company outsources to find their cannabis.

"We work with local growers and we make sure they do have their proper paperwork that they are caregivers to other people so it's all legal and legitimate," she said.

Sweetin warns that drug cartels, such as La Familia, have begun to grow marijuana in Colorado. Eleven members or associates of that cartel were arrested this week, as part of what U.S. Attorney General Eric Holder identifies as the largest single strike at a Mexican drug cartel operating in the U.S. Sweetin says it's no surprise that alleged members of that cartel chose to set up shop in Grand Junction.

"My fear is that [by legalizing medical marijuana], we're attracting drug cartel activity in the state... why smuggle when you could grow," Sweetin said.

Sweetin thinks that drug cartels would choose to grow marijuana in areas like Grand Junction because of the wide open spaces and the relatively low presence of law enforcement officers.

"This could be fueling the crime that you could see here," he said.

Another suspicion on the part of the DEA is due to the sheer number of Coloradans who have gotten medical marijuana registration cards. Sweetin pointed to information that two physicians authorized about a third of the cards. According to that same information, one doctor gave out nearly 200 authorizations in a day and five doctors gave out more than half of the state's registration cards.

People like Olga Skuratovich insist they're providing a very useful service.

"We're here to help," she said. "We're not drug dealers."

Since state and federal laws don't match up, medical marijuana dispensaries and the suppliers of that marijuana remain a point of debate among drug enforcement officials and cannabis suppliers.

(Copyright KUSA*TV, All Rights Reserved)

pikes peak 69 said:

Hope that helps
pp69

Click to expand...

That helps a ton. Thanks so much

angelsbandit said:

Since state and federal laws don't match up, medical marijuana dispensaries and the suppliers of that marijuana remain a point of debate among drug enforcement officials and cannabis suppliers.

Click to expand...

What rock have you been hiding under?
Holy crap...
http://www.theweek.com/article/index/101799/Obamas_medical_marijuana_truce

State and federal positions DO match up now.

The article I posted was from the news yesterday - well after the article you quote.
The DEA also made a number of arrests of medical marijuana patients and caregivers in Ft. Collins this week after the article you quoted.

You should not be such an ass if you don't know what you are talking about.

Ok, I have a legit question here. I currently live in South Carolina and will be moving to Colorado immediately following me getting out of the Marine Corps. I have been in the infantry for 6 years now and have a lot of problems from it. Here is a short list that I believe is most pertinent.

- Chronic PTSD
- Chronic Insomnia
- Anxiety attacks
- Nerve Damage to right ulnar nerve
- Chronic shoulder and back pain. (my sholder has been diagnosed as debilitating)
- Chronic Headaches from TBI (tramatic brain injury)
- Bi-Polar Disorder w/o Psychosis

The list goes on and on. So here are my 2 questions... Obviously, will I qualify for my card and will I be able to use my military medical records for my interview? The records have been kept up to date and span from August 2003 until now. Any help here would be great. Thanks everyone.