HB10-1284 set to be voted on tomorrow

[mmdinsurance]

Tomorrow from 1:30 to 7pm the Colorado House will come together at the state capitol building in Denver to vote on HB10-1284.

The bill creates the medical marijuana licensing authority in the department of revenue. Much of the language of the bill treats dispensaries as liquor stores or cabarets, a stance that patients and caregivers don't relish.

The bill is forty-five pages long. Here are some of the highlights or lowlights depending on where you stand:

- A primary caregiver may serve no more than 5 patients on the registry at one time, unless the department allows more patients due to exceptional circumstances.
- Imposes a one-year moratorium on the opening of new medical marijuana centers.
- Make a request by January 1, 2012, to the Federal Drug Enforcement Administration to consider rescheduling, for pharmaceutical purposes, marijuana from a schedule 1 controlled substance to a schedule 2 controlled substance.
- Health and Sanitary requirements; Practices designed to avoid an undue increase in the consumption of medical marijuana.
- Local Licensing: A decision approving a medical marijuana center license may include a limit on the number of patients the center may serve in order to meet the needs and necessities of the neighborhood.
- The medical marijuana licensing authority determines the licenses already granted for the particular locality are adequate for the reasonable needs of the community based on the testimony and evidence of the medical needs and necessity of the potential customers for the approval of the license at the proposed location for the sale of the medical marijuana.
- Would not allow a natural person with a misdemeanor to obtain a license to operate a medical marijuana center.
- This article does not prohibit a political subdivision of this state from limiting the number of medical marijuana centers that may operate in the political subdivision or from enacting reasonable zoning regulations applicable to medical marijuana centers based on local government zoning, health, and safety laws for the distribution of medical marijuana.
- A medical marijuana center shall be a Colorado nonprofit corporation, but need not be designated as a nonprofit corporation by the Federal Government.
- What constitutes "Significant responsibility for managing the well-being of a patient"; except that the act of supplying medical marijuana or marijuana paraphernalia, by itself, is insufficient to constitute "significant responsibility for managing the well being of a patient
- Two or more primary caregivers may not join together for the purpose of cultivating marijuana

After the vote tomorrow, look for a follow-up article. Until then, check out a letter to the Colorado House and Senate by local medical marijuana advocate and attorney Robert J. Corry Jr. here.

Call your local Representatives and Senators, whether for or against the bill. House 1-800-811-7647 Senate 1-888-473-8136

Colorado House to vote on HB10-1284

 

[mmdinsurance]

latest on hb1284 03/22/10

A more patient-friendly bill?
Amended medical pot bill to limit industry being heard today
Gene Davis, DDN Staff Writer
Monday, March 22, 2010






A medical marijuana reform bill being heard today by a House committee has been altered to make it more favorable to the medical marijuana community, according to Rep. Claire Levy.

More than five pages of amendments have been added to the Legislature's latest bill that looks to place limits on Colorado's fastest growing industry. The proposed amendments include:

Ą Removing the ability of law enforcement to access a medical marijuana clinic at any time and demand access to their books and records;

Ą Eliminating the ability of a local government to outright establish a maximum number of medical marijuana facilities in its jurisdiction;

Ą Allowing food made with medical marijuana to be consumed on-site at certain parts of dispensaries;

Ą Reducing some of the restrictions on who is eligible to have a medical marijuana license.

"I think overall the patient community and the dispensary community should be fairly pleased with where the bill is ending up," said Levy, a Boulder Democrat who runs the House Judiciary Committee. "There are lots and lots of changes."




Controversial provisions

But one of the bill's most controversial provisions Ń the ability of local municipalities to ban retail medical marijuana dispensaries from operating within city limits Ń has not been amended. Brian Vicente of Sensible Colorado, a medical marijuana lobbying group, said last month that allowing cities to ban dispensaries would force seriously ill patients to travel great distances to get their medicine.

Bill sponsor Rep. Tom Massey, R-Poncha Springs, however, thinks municipalities should have the right to ban the retail dispensary model from operating within city limits because Colorado is a home rule state, meaning cities are often allowed to make decisions for themselves separate from state law.

Levy pointed out that caregivers could still locate in those communities that ban dispensaries. A caregiver in a municipality that has banned dispensaries could serve up to 16 patients under an amendment being considered today.

Another controversial measure requiring a dispensary to be linked to all of the medical marijuana it grows and sells remains in HB 1284. However, a proposed amendment would let a retail operation get an additional 5 percent Ń 30 percent totalŃ of its medical marijuana from another grow operation.

Activist Timothy Allen argued earlier this month that the forced vertical integration would drive up price and limit variety for patients.

Meanwhile, Massey said earlier this month that the vertical integration model is necessary so the marijuana can be tracked. The measure would effectively shut down independent grow operations that don't team up with dispensaries.

Levy said there might be another amendment introduced to increase the percentage of medical marijuana a dispensary could get from another grow operation.




Heated hearing

The more than five pages of amendments come after a March 4 committee hearing in which medical marijuana patients, caregivers and dispensary owners attacked HB 1284 as being harmful to patients and their providers. Public testimony at the hearing exceeded five hours, and lawmakers on the committee postponed voting on the bill until today.

Colorado Attorney General John Suthers, district attorneys and doctors also voiced their opposition to the bill during the committee hearing. They argued that the measure would legitimize the retail dispensary model, which they see a backdoor way to legalize marijuana.

Levy said that the new amendments don't address the law enforcement community's concerns.

"They're opposed to the very concept of the bill, so none of these amendments will remove their objections," she said.

HB 1284 is the second medical marijuana reform bill to make its way through the Legislature this session. The first bill from Sen. Chris Romer, D-Denver, requires patients under the age of 21 to get a second doctor's opinion before being able to obtain a medical marijuana card and forbids doctors from receiving money from medical marijuana dispensaries.

Denver City Council in January unanimously approved a bill that limits where dispensaries can be located, who can run them, and what safety measures dispensary owners must have in place.

All of the bills seek to clarify Amendment 20, the measure approved by voters in 2000 that allows for seriously ill Coloradans to use medical marijuana.

 

[SSNUGS]

This bill is friendly to the Feds and Big Business. No where in this bill are patients constitutional rights being protected. This bill will force alot of people to go to the streets and thats what Law Enforcement wants and as for the medical marijauna centers I can't wait to see the prices jump to 400.00 to 500.00 per ounce and and the black market will thrive because of this crap.

 

[SSNUGS]

Here is the link to the bill they are voteing on today.Colorado General Assembly

 

[Med in CO]

This bill is friendly to the Feds and Big Business. No where in this bill are patients constitutional rights being protected. This bill will force alot of people to go to the streets and thats what Law Enforcement wants and as for the medical marijauna centers I can't wait to see the prices jump to 400.00 to 500.00 per ounce and and the black market will thrive because of this crap.

It astounds me, as a Primary Caregiver, that no one is even considering the hardships the Patients with a Primary Caregiver, not a Dispensary, are going to have.

As it reads in the passed bill:
Page 39 line 10
Rule-making. THE STATE HEALTH AGENCY MAY PROMULGATE RULES REGARDING THE FOLLOWING:
(I) WHAT CONSTITUTES "SIGNIFICANT RESPONSIBILITY FOR MANAGING THE WELL-BEING OF A PATIENT";

(II) THE DEVELOPMENT OF A FORM FOR A PRIMARY CAREGIVER TO USE IN APPLYING TO THE REGISTRY, WHICH FORM SHALL REQUIRE, AT A MINIMUM, THAT THE APPLICANT PROVIDE HIS OR HER FULL NAME, HOME ADDRESS, DATE OF BIRTH, AND AN ATTESTATION THAT THE APPLICANT HAS A SIGNIFICANT RESPONSIBILITY FOR MANAGING THE WELL-BEING OF THE PATIENT FOR WHOM HE OR SHE IS DESIGNATED AS THE PRIMARY CAREGIVER AND THAT HE OR SHE UNDERSTANDS AND WILL ABIDE BY SECTION 14 OF ARTICLE XVIII OF THE STATE CONSTITUTION, THIS SECTION, AND THE RULES PROMULGATED BY THE STATE HEALTH AGENCY PURSUANT TO THIS SECTION;

The 'Colorado Dept. of Health' tried previously to assign tasks other than only growing and supplying medicine to his or her Patient (s). Many Patients and Primary Caregivers and supporters showed up to protest these changes, and the 'Colorado Dept. of Health' backed off.
The 'Colorado Dept. of Health wanted to add to the Primary Caregiver's duties.
These suggested duties included:
Taking the Patient to Doctor's Appointments
Taking the Patient shopping (Grocery, Cloths, etc.)
Taking the Patient to their pharmacy to get their RX.s
And taking care of their daily health needs.

If they 'Colorado Dept. of Health' puts tasks on me to qualify as a 'Primary Caregiver' as the new bill states, I will not be able to care for even '1' Patient. Forget the 5 or 16 Patient limits.
I have a regular 40+ hours a week job and my own family to care for. I will not be able to take my Patients to their Dr.'s appointment. I can barely get off work to take myself.
Having my own family to care for, I will not have the time to go shopping, pick up RX's, etc. with or for my patient (s). I will not neglect 'MY' family!!!

Many Primary Caregivers, I'm sure, are in the same situation as me. Who will the Patients, that don't want to sign with a Dispensary, going to get to grow their medication?

As above mentioned, "watch the prices go up"

I charged my patients what it cost to grow their medication (Supplies, electricity, water and fertilizer). I don't charge for my time. This brought their expense for their medication to less than 1/3 of what they charge at the Dispensaries, and many times they couldn't even afford that and I would give them their medications for that month. Will the dispensaries do that for their patients? I can afford to do this without jeopardising or neglecting my family. I can't afford to give my Patients more of my time than I spend growing their medications.

The State, Dispensaries and their Attorneys sacrificed the Patient that has a Primary Caregiver.

ColoradoMed

 

[MedGROWER]

I am not worried, My wife is my caregiver and she will not be a caregiver for anyone else and i am the Farmer and i have learned to just grow for myself. At least i never run out of ganja

 

[Med in CO]

I am not worried, My wife is my caregiver and she will not be a caregiver for anyone else and i am the Farmer and i have learned to just grow for myself. At least i never run out of ganja

MedGrower:
Your are very fortunate to have her help you.
But there are many Patients out there that don't have a Significant Other to help them. Thus the MANY Dispensaries in Colorado charging Patients way beyond what they need to make a descent profit. These Patients need to go to the dispensaries because they don't know how (or Physically can't grow for themselves).

But then the Dispensaries are supposed to be NON-PROFIT (HA, that will NEVER happen) when this bill clears all hurdles. It hasn't happened in the past, it won't happen in the future. They will increase their prices even more because Primary Caregivers won't be there to grow for Patients at COST.

I'm glad your wife can grow for you, and give you the time you need for your wellbeing, including taking you shopping, Getting your RX's. Taking you to the Doctor. Caring for you on a daily basis.

Does she have a full time job?
Is she able and willing to Grow for others?
Charging them only COST because they can't afford their medication at $400.00 an ounce per month?
Would she be able to give her Other Patients the additional time and duties the State is going to require?
As I stated before, these patients are going to suffer.
Maybe she CAN help them too?
I hope she can and is willing. (but as you stated she will not grow for others in need).
I just know I can't and many others can't also.
I don't believe in a second I have been the only one that has been growing for cost and helping other Patients.
But then again, reading your self centered reply, maybe I am the only one doing this.
I REALIZE THERE ARE "MANY" PEOPLE OUT THERE THAT GET THEIR REGISTRATION THAT DON'T REALLY NEED IT, AND HAVE IT TO JUST GET HIGH LEGALLY.

THESE PEOPLE ARE NOT MY PATIENTS.

OR MAYBE I AM A SUCKER AND NAIVE IN DOING THIS AND JUST NEED TO WAKE UP AND SMELL THE BACON?????????

ColoradoMed

 

[relax]

ColoradoMed:
You could'nt be more correct. The whole thought of tending to your patients that way is just totally ignorant!!!!!!!!!! Imagine me calling my Dr. at 3AM and telling him "I'm ready to go shopping today, please pick me up at 10AM". Pretty stupid, huh?

 

[GAME]

ColoradoMed, just curious but what do you charge your patients? You seem like you do it cause you just want to help.

 

[Med in CO]

ColoradoMed, just curious but what do you charge your patients? You seem like you do it cause you just want to help.

On disability (declared 100% disabled) and SSI to help cover RX's. At the end of each month they are broke.
To grow takes very little of my time away from my Family. And I enjoy helping and growing.
This will end if the State requires more time to be given to patients (with their new definition of Primary Caregiver).
I've found it cost me $20.00 to grow an ounce (with quality Advanced Nutrients Organics).
I also make cookies, green dragon and tinctures to help.
I'm sure there are MANY others out there that are doing this but are afraid to go public.

If each patient that grows could grow for just 1 other patient that is unable to grow for themselves, this dispensary business would no longer be a problem.
The dispensaries caring for patients has turned into a money grab.

ColoradoMed

 

[Med in CO]

ColoradoMed:
You could'nt be more correct. The whole thought of tending to your patients that way is just totally ignorant!!!!!!!!!! Imagine me calling my Dr. at 3AM and telling him "I'm ready to go shopping today, please pick me up at 10AM". Pretty stupid, huh?

Relax:
I think the patient should call his pharmacist at King Soopers or Target, or Wal-Mart and say "(By State Law) you HAVE TO pick me up at 10:00am, and you HAVE TO take me to your store to pick up my RX's and you HAVE TO help me shop. Then you HAVE TO take me back home. And by the way, you HAVE TO take out my trash on your way out the door".

ColoradoMed

 

[relax]

ColoradoMed:
Any idea when this 1284 is going to be finalized???? I listen to the news and only hear the bad stuff like the people that caregive for 1 or 2 people and are growing 200 plants. The news acts as if this were the norm. WTF. RELAX

 

[SSNUGS]

There is still a long way to go there are still a few steps they need to go through in the senate and house. Hopefully they will not pass it as it is written and become a little more realistic in there mental infatuation of this industy.

 

[relax]

Thanks SSNUGS. I barely have the time to tend to my ladies after a 50-60 hour work week much less all the different bills. It helps to have all us out there helping each other. It will definately be interesting to see how it all turns out though. RELAX

 

[Vanilla Kush]

MedGrower:
But then the Dispensaries are supposed to be NON-PROFIT (HA, that will NEVER happen) when this bill clears all hurdles. It hasn't happened in the past, it won't happen in the future. They will increase their prices even more because Primary Caregivers won't be there to grow for Patients at COST.

I REALIZE THERE ARE "MANY" PEOPLE OUT THERE THAT GET THEIR REGISTRATION THAT DON'T REALLY NEED IT, AND HAVE IT TO JUST GET HIGH LEGALLY.

THESE PEOPLE ARE NOT MY PATIENTS.

OR MAYBE I AM A SUCKER AND NAIVE IN DOING THIS AND JUST NEED TO WAKE UP AND SMELL THE BACON?????????

ColoradoMed

40 Select Dispenceries recieved Invitations to become totally legitamite with everyone in the state. Non-profit is the only realistic option for dispenceries at this point if they want to really be secure.
VmV Makes Visions made Viable..
It'll catch on fast, I jumped on board. My patients get their free medication monthly based on plans We've worked together to create. $200 an ounce We just have to constructively progress. The Unlegitament need to get their acts together, that's all their asking. Ya I hate it too, It should just be legal (mainly for mexican families and young men falling victim to a vicious cycle of poverty), but it is what it is.

 

[MedGROWER]

I do have Patients i give Marijuana because they are on welfare or social security, I let them pick out a plant for budding and and they get everything off the plant at harvest for free or a donation. I did not mean to sound like i was self center or greedy. I have been ripped off by patients and caregivers in the past.

 

[Vanilla Kush]

I was agreeing with you, for the most part, but I did not mean to have that come across that way; I apologize. The cool thing is, dispensary owners, and their families, can make a living, and provide legitiment patients all their medication for free. People know this, they just don't want to give up that extra profit.

We both can do whats best for our patients, and that's all that really matters.