Hazy Law on Caregiver Rights

[UpInSmoke]

So as I investigate becoming a caregiver, I've noticed just how undefined the law (Amendment 20 and the new adopted rules as of 7.20.09) tends to be regarding procurement and production of marijuana.

Section 2(a)(iii) of Amendment 20 states: "The patient and his or her primary care-giver were collectively in possession of amounts of marijuana only as permitted under this section. This affirmative defense shall not exclude the assertion of any other defense where a patient or primary care-giver is charged with a violation of state law related to the patient's medical use of marijuana."

Further, Section 2(d) states: "Notwithstanding the foregoing provisions (shielding a person from prosecution), 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."

Looking at these two clauses, a person could be excused for being a little confused about what a caregiver may legally do. On one hand, it seems like the intent of 2(a)(iii), as well as regulatory language from the Department of Health, could be interpreted to mean that the only way a patient can obtain MM (aside from growing it herself) is to have one caregiver grow it for her.

That said, 2(d) could be read to imply that, provided the usage of MM falls within the defined medical conditions, that product (MM) could be acquired from someone other than the caregiver (i.e. the caregiver doesn't have to necessarily grow for his or her patient).

Indeed, some of the major MM dispensaries in the Denver/Boulder area seem to be doing just that - buying from independent growers and not even requiring customers to nominate them as caregivers.

So I guess I'm wondering if anyone out there in CO understands the legal position these companies (such as Pikes Peak Alternative, which mentions "Licensed Growers", or Boulder Alternative Medicine Co, which talks about their "network of growers"). I'm guessing that it's simply the co-op structure that they're relying on here, using the collective growing capabilities of co-op members. But this co-op model is never mentioned in the law, which defines a caregiver as a "person".

Anyway, I'll leave it at that. I'd appreciate your view on this situation. Cheers.

[Propa Gator]

High, UpInSmoke and welcome to 420. Your questions go to the heart of your plans and future. I recommend consulting with a lawyer who's 'up' on case decisions. Rule of thumb; what someone does, so can I. With caregiving, there's more to consider. A consulting fee is far cheaper than a criminal defence.

[UpInSmoke]

Thanks Gator, and yes, I definitely plan to see an attorney in the near future! In the meantime I'm just curious to see what others speculate.

[drumlove420]

It's hazy to say the least! I think that probably works out better for "us" than "them". If you look on Cs' list there are several requests for vendors to vend to the bigger dispensaries. Are these "vendors" selling it in 2oz parcels? That is all that we're allowed to possess legally. Wholesaling a lb. could be an all day affair
Starting the relationship with an attorney is the best advice, although it sounds like something you would tell your enemies. As a caregiver, you're not required to give the location of your grow site, just your mailing address? Anybody with a little imigination could see the possibilities that exist if you wanted to push the enevelope and still stay within the law. Did I say hazy? I meant Shady! Luckily for us, the loopholes are mostly on our side of rope!
Makes me proud to be a native!
Peace

[SoCoMMJ]

Well, my take on it is this:
Collectively means between the patient and they caregiver can hold 2oz and 6 plants. If the patient holds 1oz, the caregiver can hold 1oz. If the caregiver is growing 6, then the patient must grow 0.

Now if a caregiver has 8 patients, then they could hold one LB on their way to the dispensary to vend their overgrow. Yeah, if you only service one patient, you can only hold 2oz. In theory, you aren't going to have pounds of excess if you are running 6 plants in various stages of growth.

Yes, it's very screwy and very difficult to manage.

Use a po box for your address. However now you are required to send your ID up with the caregiver form or initial application. So if your grow it at your house there is some exposure there.
The patient, the notary, and anybody else that handles the form has that info.

[Propa Gator]

SoCoMMJ, sounds like the real deal.
Nice to hear from those who know