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Thread: Legal for 50 plants in Colorado

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    New Member StoneyJake's Avatar
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    Legal for 50 plants in Colorado

    I have been cleared for 50 plants in Colorado.
    I have a small set up and was thinkin of selling clones while savin up enough for more lights. Then I can sell my harvests, at this point I only have enough room to grow meds for my family. I talked with a guy at a local dispensary and he says he will buy whatever clones I have.
    I just lost my job and now its time to work for my dream job :P


    My question is do I need to pay a few buck and open a company to make this legal? I understand that I will need to pay taxes on it aswell
    FREEEeeEEDOM!!

    Legal user

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    Re: Legal for 50 plants in Colorado

    I would make it an LLC company, but this is just in case someone sues you. I don't know how important it is to make it a legit company otherwise if you're paying taxes on it. Hopefully someone else can help you with that aspect, but if I find out, I'll let you know. My business partner (I'm just starting out growing too.) has a lawyer already, so when he talks to her about this kind of thing, I'll pass on the info.

    I have a question, though. I'm only cleared for 6 plants, but today I heard you can get it changed to 50 if you say you want to eat it, not smoke it. Is this actually in the law books??? I'm talking the actual law, not just what a dispensary or whatever says.

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    Re: Legal for 50 plants in Colorado

    I'm curious how you are allowed to grow 50. I to am a patient in Northern Co. I've heard you can tell a doc you eat them but haven't heard of what you're allowed or who will actually sign off on this.

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    420 Member CocoJoe's Avatar
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    Re: Legal for 50 plants in Colorado

    Quote Originally Posted by StoneyJake View Post
    I have been cleared for 50 plants in Colorado.
    Hi StoneyJake, I'm very happy for you. Much Luck to you and family!

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    Re: Legal for 50 plants in Colorado

    Ok, I got the scoop. This is not legal advice or anything, though, just what I heard.

    First, about 50 plants. This isn't in the law. Legally, the limit is 6, but I guess some doctors are giving their recommendation for more than 6 plants. If you get busted, then you have to go to court and use the Affirmative Defense clause, and it's up to the judge to let you go or not. Get ready to spend some time in jail, pay the bond to get out, hire a lawyer, and risk losing in court for some prison time. This might not happen, and if it does, you might win the case, but for me personally, I won't be taking the risk. If you grow 6 plants right, you can get a pound or more per plant, so I'm going to stay legal and still make good money.

    About the LLC, if you're just doing it by yourself, you probably don't need to get it since it's unlikely you'll get sued. If you have other people involved, though, it might be good to have an LLC so that if there's ever a dispute over the company or if someone quits or dies, all the agreements are in place so there's no hassle in figuring out how to handle it.

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    Live from SoPark Colorado

    laws are so confusing right now that it is a free for all with people that have the money to have these grow systems. Just opened 2 stores in Fairplay & 2 in Alma. meaning yes they retain a lawyer & set up tax license bases with an accountant. I'm using Frisco company but not heard a word from them since notary statement. Anybody with a pot license can grow as many plants as comfortable with. Cops aren't doing anything but busting the stupid & obvious. Smoking pot in the park & kids over there stuff.
    i'm looking for lights & funding, tho i get by . doing great with 1, yes ONE Alaskan Thunder, wild strain of 20 years, had 3 out of 40 seeds come up (gave a plant for clone to the store) A T has been growing in the closet for 8 months now, summered the porch.. this 3 month bloom cycle is whatever, this thing has been clipped on since month one & been only putting out better & better bud. down to @ a month left. first cluster of seeds got clipped & ready for dirt on the almanac, some clones from @. no camera but buds size my thumb started a failed seed & put out white hairs from crystal balls & gooey leaves. air dry & roll into hash balls. tasty treat with morning coffee.
    stores open in Alma & Fairplay of all places, sure they're being watched. THAT is a given. BUT the feds aren't doing anything unless it ties with with other crime. The county or state boys want no hassles & are not to mess with it unless something else is involved. They got to have the tax money to stay afloat. right now the market is there, people that have been growing for 20 years are now legal to have a store. purchases are cash & in a book with your license number. they will start digging into record keeping later & remember, they dropped the Home Land Security Act, so actually they can do whatever they want anyway. Swat show up & your down.
    grow it & give it away. we got to get the prices down as long as the MAN has his tax money & your not into anything else.
    Tax filing & legit store front to their codes which is pretty much state sanctioned. Grow Grow Grow
    be safe, be smart, be stoned
    Storm

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    Colorado Page?

    be nice if we could get a posting to Colorado direct
    don't know much @ the machine but . i'll try to keep open on here more.
    Storm

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    Re: Legal for 50 plants in Colorado

    yes. 6 is this limit,
    the man is watching. legit, or sooner or later you will win the lottery & get drugged in court.
    licensed to licensed thru the store or underground as always. only those with the options for lawyer retention, then it's a power thing within your jurisdiction. .
    book keeping records are what is going to keep this thing going, right now a free for all for growers if you want to risk the private sector, mix the 2 & somebody sniffs & yea going down. not me , sure would like more but i got enough for my own head. some day i'll have more. but till then be cool
    Live from SoPark Storm

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    420 Member 1stworks's Avatar
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    Re: Legal for 50 plants in Colorado

    Quote Originally Posted by Scythe View Post
    Ok, I got the scoop. This is not legal advice or anything, though, just what I heard.

    First, about 50 plants. This isn't in the law. Legally, the limit is 6, but I guess some doctors are giving their recommendation for more than 6 plants. If you get busted, then you have to go to court and use the Affirmative Defense clause, and it's up to the judge to let you go or not. Get ready to spend some time in jail, pay the bond to get out, hire a lawyer, and risk losing in court for some prison time. This might not happen, and if it does, you might win the case, but for me personally, I won't be taking the risk. If you grow 6 plants right, you can get a pound or more per plant, so I'm going to stay legal and still make good money.

    About the LLC, if you're just doing it by yourself, you probably don't need to get it since it's unlikely you'll get sued. If you have other people involved, though, it might be good to have an LLC so that if there's ever a dispute over the company or if someone quits or dies, all the agreements are in place so there's no hassle in figuring out how to handle it.


    Good Info!!!!
    I looked all over for any info and could not find any???

    Thanks for the post.


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    Re: Legal for 50 plants in Colorado

    I know this is an old post, but in casy anyone else is reading this, I just wanted to maybe clarify 1 or 2 things.

    MtnStormN is discussing some of the things he did to set up a dispensary. If you want to set up a dispensary, then YES you should incorporate, retain an attorney, get yourself a tax id number, etc...

    If StoneyJake ONLY wants to be a grower, and not a full blown dispensary with retail sales, he does NOT need to do all that. In fact, I would advise against it. (Don't take my word, please consult your own attorney.)

    The "laws" governing dispensaries are different than those for caregivers. The SPIRIT of the law concerning caregivers/growers, is that if you are an MMJ patient, you can grow for yourself and other patients (and expect compensation, presumably merely to offset the costs of growing.) Nowhere in the law is there any allowance whatsoever to set up a business cultivating marijuana. The SPIRIT of the law does not allow for someone to setup a business for the SOLE purpose of growing.

    Obviously, dispensaries usually do both, grow cannabis, and sell it to patients. The biggest distinction between a dispensary and a private citizen with an MMJ cert has to do with setting up a retail outlet and paying taxes on those sales.

    Once you get your caregiver status for other patients, that will provide you with the legal cover you need to grow (plants or clones). As an MMJ patient, you have the legal right to sell your medicine to other patients. The guy behind the counter at your local dispensary that is paying you cash money for your product is guaranteed to be another MMJ patient.

    Either way, the framers of the law did NOT intend for people to start (i.e. incorporate) businesses with the sole intention of cultivating and selling cannabis. Creating a dispensary on other hand, gives growers a legal retail outlet for distributing their medicine to patients.

    Bottom line for StoneyJake is if you only want to sell clones (or later dried cured bud) to dispensaries all you need is your own MMJ certification, and caregiver status to cover your grow which you already have.

    This is all to the best of my knowledge, and for us Coloradans, things are changing around us even as I speak. If anyone has conflicting information from what I just posted I would absolutely welcome any corrections to this info.

    We need to consider the needs of our brothers and sisters in law enforcement and politics. It's easier for them to justify to the public the need for dispensaries, so that people can get the medicine they need for what ails them. It's harder for them to justify to the public the guy who has a 32,000 watt grow warehouse who's making a million dollars a year and has never seen another MMJ patient. One of them is providing much needed medicine to patients. The other one is merely a capitalist.

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    420 Member 1stworks's Avatar
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    Re: Legal for 50 plants in Colorado

    Quote Originally Posted by snowking View Post
    I know this is an old post, but in casy anyone else is reading this, I just wanted to maybe clarify 1 or 2 things.

    MtnStormN is discussing some of the things he did to set up a dispensary. If you want to set up a dispensary, then YES you should incorporate, retain an attorney, get yourself a tax id number, etc...

    If StoneyJake ONLY wants to be a grower, and not a full blown dispensary with retail sales, he does NOT need to do all that. In fact, I would advise against it. (Don't take my word, please consult your own attorney.)

    The "laws" governing dispensaries are different than those for caregivers. The SPIRIT of the law concerning caregivers/growers, is that if you are an MMJ patient, you can grow for yourself and other patients (and expect compensation, presumably merely to offset the costs of growing.) Nowhere in the law is there any allowance whatsoever to set up a business cultivating marijuana. The SPIRIT of the law does not allow for someone to setup a business for the SOLE purpose of growing.

    Obviously, dispensaries usually do both, grow cannabis, and sell it to patients. The biggest distinction between a dispensary and a private citizen with an MMJ cert has to do with setting up a retail outlet and paying taxes on those sales.

    Once you get your caregiver status for other patients, that will provide you with the legal cover you need to grow (plants or clones). As an MMJ patient, you have the legal right to sell your medicine to other patients. The guy behind the counter at your local dispensary that is paying you cash money for your product is guaranteed to be another MMJ patient.

    Either way, the framers of the law did NOT intend for people to start (i.e. incorporate) businesses with the sole intention of cultivating and selling cannabis. Creating a dispensary on other hand, gives growers a legal retail outlet for distributing their medicine to patients.

    Bottom line for StoneyJake is if you only want to sell clones (or later dried cured bud) to dispensaries all you need is your own MMJ certification, and caregiver status to cover your grow which you already have.

    This is all to the best of my knowledge, and for us Coloradans, things are changing around us even as I speak. If anyone has conflicting information from what I just posted I would absolutely welcome any corrections to this info.

    We need to consider the needs of our brothers and sisters in law enforcement and politics. It's easier for them to justify to the public the need for dispensaries, so that people can get the medicine they need for what ails them. It's harder for them to justify to the public the guy who has a 32,000 watt grow warehouse who's making a million dollars a year and has never seen another MMJ patient. One of them is providing much needed medicine to patients. The other one is merely a capitalist.
    thanks for the update!!!

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    New Member StoneyJake's Avatar
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    Re: Legal for 50 plants in Colorado

    Quote Originally Posted by snowking View Post
    I know this is an old post, but in casy anyone else is reading this, I just wanted to maybe clarify 1 or 2 things.

    MtnStormN is discussing some of the things he did to set up a dispensary. If you want to set up a dispensary, then YES you should incorporate, retain an attorney, get yourself a tax id number, etc...

    If StoneyJake ONLY wants to be a grower, and not a full blown dispensary with retail sales, he does NOT need to do all that. In fact, I would advise against it. (Don't take my word, please consult your own attorney.)

    The "laws" governing dispensaries are different than those for caregivers. The SPIRIT of the law concerning caregivers/growers, is that if you are an MMJ patient, you can grow for yourself and other patients (and expect compensation, presumably merely to offset the costs of growing.) Nowhere in the law is there any allowance whatsoever to set up a business cultivating marijuana. The SPIRIT of the law does not allow for someone to setup a business for the SOLE purpose of growing.

    Obviously, dispensaries usually do both, grow cannabis, and sell it to patients. The biggest distinction between a dispensary and a private citizen with an MMJ cert has to do with setting up a retail outlet and paying taxes on those sales.

    Once you get your caregiver status for other patients, that will provide you with the legal cover you need to grow (plants or clones). As an MMJ patient, you have the legal right to sell your medicine to other patients. The guy behind the counter at your local dispensary that is paying you cash money for your product is guaranteed to be another MMJ patient.

    Either way, the framers of the law did NOT intend for people to start (i.e. incorporate) businesses with the sole intention of cultivating and selling cannabis. Creating a dispensary on other hand, gives growers a legal retail outlet for distributing their medicine to patients.

    Bottom line for StoneyJake is if you only want to sell clones (or later dried cured bud) to dispensaries all you need is your own MMJ certification, and caregiver status to cover your grow which you already have.

    This is all to the best of my knowledge, and for us Coloradans, things are changing around us even as I speak. If anyone has conflicting information from what I just posted I would absolutely welcome any corrections to this info.

    We need to consider the needs of our brothers and sisters in law enforcement and politics. It's easier for them to justify to the public the need for dispensaries, so that people can get the medicine they need for what ails them. It's harder for them to justify to the public the guy who has a 32,000 watt grow warehouse who's making a million dollars a year and has never seen another MMJ patient. One of them is providing much needed medicine to patients. The other one is merely a capitalist.

    thanks for the replies.
    I have considered a dispensary. Me and some family members got some money together and thought about it for a month or so. With the changing laws and the competition with dispensaries I think it would be better to just be a caregiver and sell overstock/clones to a dispensary.

    Ive been selling clones for $10 a piece and sold my first batch of dried cured bud to my friends who are legal medical users for $10/gram. I had a dispensary offer me $200 an ounce for my smoke. I understand they have over head but I would rather sell direct to the patients for $250-280 an ounce. Then we all win
    Im not greedy and as of right now I have no plans to be a millionaire from growing but I would like to make a living.
    FREEEeeEEDOM!!

    Legal user

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    Re: Legal for 50 plants in Colorado

    Here is a real unique idea STAY LEGAL dont grow more than law allows if they start busting a lot of excessive growers the law will change back to the old version were none is legal

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    420 Member o2much4me's Avatar
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    Re: Legal for 50 plants in Colorado

    What was the name of the Dr that cleared you for 50? I have heard 2X 3X even 4X or 5X the normal plant count. Often it is in the pursuit of smoking less and ingesting edibles as a healthier option that enables the patient to get a higher plant count
    Support Marc Emery

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    420 Member up side down's Avatar
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    Re: Legal for 50 plants in Colorado

    Selling to friends and family is where the law can get you, because with a dispensary its all called donation, you donate clones and weed, they give you a donation for your time and supplies to grow. Once you sell to friends etc it's selling, even if you call it a donation, this it was was explaned to me by a mmj attorney

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