Marijuana Activists Don't Like CO's New 35-Day Waiting Period

MacGuyver4.2.0

Well-Known Member
If you just received your doctor's authorization in Colorado, you now have to wait 35 days to buy any marijuana from a dispensary. :finger:

​Medical cannabis activists are protesting a new policy requiring patients who just applied to the state's medical marijuana registry to wait 35 days before they can shop at a dispensary.

Matt Cook, the Department of Revenue enforcement official who oversees Colorado's new medical marijuana regulations, claims the position paper, written Monday, solves the riddle of how to handle sales at a dispensary to patients without a medical marijuana card, reports John Ingold at The Denver Post.

Colorado is months behind in issuing medical marijuana cards to patients. According to state law, applications not processed within 35 days will be considered approved until the state can get to them. But dispensary owners were unsure whether that mean they had to wait 35 days to sell to those patients, or whether proof of application alone was enough to legally get patients in the door.

Patients have legal protection to possess marijuana from the time they receive the required doctor's authorization, but dispensary sales are different, Cook said.

"Constitutionally, patients have protection from Day One, but there's nothing that provides any protection to the center," Cook said.

"This is not about compassion, this is about control," said patient advocate Timothy Tipton. "Caregivers have taken care of patients and patients have taken care of patients for over 10 years now in Colorado with no problems. This new policy of restricting medicine to patients until they have been sick for over a month creates unnecessary pain and suffering for
thousands of Colorado patients."

Denver medical marijuana attorney Lauren C. Davis said the memo "demonstrates how wrong certain portions of the legislative policy underlying HB1284 are."

"This rule effectively denies patients' access to medicine, even after they have jumped through all of the hoops the State has put in their way," Davis said. "Amendment 20 does not even require patients to apply for a registry card. HB 1284 not only illegally imposes that requirement on patients, it requires patients to wait even longer to get medicine once they have applied. This is another clear example that the legislature and the Department of Revenue do not care about patient's rights or their safe access to medicine. We must challenge the provisions of 1284 that hurt patients and caregiver rights."

The decision affects new patients the most, because renewing patients would be able to send in their renewals earlier.

The new rule disregards the needs of new patients, according to medical marijuana activists.

"This is extremely unfair to patients," said Danyel Joffe, a medical marijuana attorney.

"Other medical patients do not have to wait 35 days before they can buy their medication," Joffe said.
 

SoCoMMJ

Well-Known Member
It's always been that way, it's not a new law. It was written that way in Amendment 20.
People were fairly lax about it because it was somewhat vague and undefined.

I guess it's defined now.

Sucks that the Department of Health can't fill out a red card in a reasonable time even after getting paid $90 to do it.
That is the true foundation of the problem.
 

HappyBuddha

Member
i spoke by email with someone from the state, they said I am allowed to buy still within the 35 days but after that the dispensaries should ask for an updated paper or for the card...... it takes the state about 35 days to get your forms and make sure they are going to be approved..... if the state dont think they will be approved then they send them back within 35 days.
 
I fell under this unfortunate wait period even after purchasing from a dispensary for over a month.... The day I went in to give them the last bit of my paperwork (Certified mail receipt) I was informed that i could shop on Nov. 11 35 days from that day. Super Pissed this law is just turning people right back to the street to get their meds.
 

SoCoMMJ

Well-Known Member
i spoke by email with someone from the state, they said I am allowed to buy still within the 35 days but after that the dispensaries should ask for an updated paper or for the card...... it takes the state about 35 days to get your forms and make sure they are going to be approved..... if the state dont think they will be approved then they send them back within 35 days.
Please define "someone from the state". Matt Cook the director of the Medical Marijuana Enforcement Division of the Department of Revenue sent a Memo clearly defining the 35 wait period as not optional. Here's a link to the memo.
http://www.colorado.gov/cs/Satellite?c=Document_C&childpagename=Rev-Enforcement%2FDocument_C%2FREAddLink&cid=1251580928406&pagename=REWrapper

It's pretty clearly defined in the last 2 paragraphs that MMCs can not LEGALLY sell until the patient has a card or has elapsed 35 days.

You as a patient however can buy legally buy marijuana from anywhere... the street corner dealer, kids at the school parking lot, dispensaries willing to sell illegally, etc etc. That's not saying that the SELLER won't get in trouble, but you can BUY anywhere you want.

Maybe you should forward that link in your email to "someone from the state" and see what they have to say about it.

Clearly it is NOT legal and allowed.
 

BuddhaThai

Member
... it takes the state about 35 days to get your forms and make sure they are going to be approved..... if the state dont think they will be approved then they send them back within 35 days.
Ah, no. Have had several of my patients not get their rejected paperwork until 2 - 3 months later.
 

BuddhaThai

Member
...Super Pissed this law is just turning people right back to the street to get their meds.
First it's not "LAW" it's what the Dept of Health is stating. A MMC could still sell to a patient with brand spanking new paperwork, but that MMC runs the risk of getting in trouble. With as much money the MMC now have to spend to keep the State happy, why risk all that for a patient who up until then has been buying off the streets (I know there are probably exceptions, but not many). It sucks but its only 35 days. I've been waiting 35 YEARS to be able to use my MMJ somewhat legally.
 

SoCoMMJ

Well-Known Member
It sucks but its only 35 days. I've been waiting 35 YEARS to be able to use my MMJ somewhat legally.
It's only 35 days in the cases where the patient knew to send their paper registered mail and hang on to the proof of mailing.

What happens when they don't have proof of mailing ?
Answer: They wait 8 months to get a red card.
 
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