Where Can I Find Patients?

MacGuyver4.2.0

Well-Known Member
I read your previous post.

I am not a lawyer and I suspect that you aren't either.
Shouting to the world that married caregivers have an exception to the law and can go right ahead and combine grows for 72 plants may not be the best advice to give people looking to stay out of jail.

SoCoMMJ-

I talked with my lawyer (again) about this topic and he said we are both right. He says the primary distinction in HB1284 is below-which I already posted at least once here. And *join* also means collective as I earlier posted.
[kuh-lek-tiv]
–adjective 1. formed by collection.

2. forming a whole; combined: the collective assets of a corporation and its subsidiaries.

3. of or characteristic of a group of individuals taken together: the collective wishes of the membership.

4. organized according to the principles of collectivism: a collective farm.


–noun 5. collective noun.

6. a collective body; aggregate.

7. a business, farm, etc., jointly owned and operated by the members of a group.

8. a unit of organization or the organization in a collectivist system.





25 (b) TWO OR MORE PRIMARY CAREGIVERS MAY NOT JOIN TOGETHER

26 FOR THE PURPOSE OF CULTIVATING MEDICAL MARIJUANA.





According to my lawyer, a husband and wife whom are both *patients* can most certainly grow up to the prescribed state and doctor mandated plant count. This means if you have an edibles rec from your doctor for a dibilitating medical reason, you can grow up to the amount your doctor says. Because both people have designated themselves as patients and *not* Primary Caregivers, they can do as I have stated. Ask your lawyer.

LEO can march in all they want, take away your stuff, scuff you up, blah,blah,blah. And then you get to goto court and prove that you were, in fact 100% legal in the eyes of the state and Amendment 20, HB1284, and SB109. Then your lawyer shoves a massive lawsuit up the states fat ass, and you get to take a well earned vacation. If you have less than 99 plants it is NOT federally classified as trafficing and the feds can also fuck off. But the feds know all about dangerous raids, don't they? They just tried to bust some kids at a school in NM for growing... tomatoes. Morons.
 

SoCoMMJ

Well-Known Member
Right, but now you are talking about you and you wife as just patients not both as caregivers for 5 each.
If it's just you two, I don't think that's a problem sharing a grow space. Add in 10 patients and I think you would have a problem.

It's not as easy as you think to so the state and/or local authorities. They can pretty much do what they want without recourse.

Yeah, saw that NM raid on the internet. Pretty retarded, but it happens much more than you hear about. This is America remember.
 

jeepster420

Active Member
Macgyver, I thought that was the big disconnect, that you were saying that there could be ten patients plus the man/wife, which I think is incorrect. I think socommj agrees with that.

Once you approach 99 plants, the feds would be more likely to bust you. How are you going to sue the state if you are arrested for violating federal laws? Does your lawyer really believe that would work? Sounds like he'd enjoy the billable hours on that one.
 

MacGuyver4.2.0

Well-Known Member
Macgyver, I thought that was the big disconnect, that you were saying that there could be ten patients plus the man/wife, which I think is incorrect. I think socommj agrees with that.

Once you approach 99 plants, the feds would be more likely to bust you. How are you going to sue the state if you are arrested for violating federal laws? Does your lawyer really believe that would work? Sounds like he'd enjoy the billable hours on that one.

Jeepster: From the Sensible Colorado Webite (and also on NORML)

It should also be noted that only 1% of the approximate 750,000 annual marijuana prosecutions nationwide come from federal agencies. Therefore, if you are a licensed medical marijuana patient under Colorado state law, your chances of being prosecuted by the federal government remain low.

and-

Colorado lawyers generally agree the DEA has an informal policy of not getting involved in cases involving less than 100 plants. Despite this informal policy, federal prosecution remains a possibility for all medical marijuana patients in Colorado.

http://sensiblecolorado.org/mm/faqs/legal-info/
 

HappyBuddha

Member
Guys Im starting up a MMJ Social Community ........ Please join, it has chat and im and video chat for all caregivers and patients. Im local in Denver as well.
 

jeepster420

Active Member
I'm sure bartkowitz says there is a lot more to lose. I don't care to be near that 1%, apparently you are recommending that. Good luck.
 

BadDog40

Well-Known Member
He also had over 200 plants and 12 patients.

I don't know why we are even talking about him. He was completely abusing the system. Which in turn makes it harder for the people that really enjoy growing and puts a bad label on people who do.

Bartkowicz shouldn't even be considered in the conversation. He broke the law in my opinion.

If he didn't know, then he should have hired a lawyer to consult him. Instead he went on tv bragging how much he made and how invisible he is in the neighborhood.

He was also operating 1000 ft within a school.
He was arrested within hours of the broadcast

From what I understand most if not all his patients had higher plant count recommendations, so he was not doing anything different than half the growers out there. And whats the point of saying he was 1000 feet from a school? Is it against Colorado law to be a caregiver 1000 feet from a school? No its not, so whats the point of bringing it up?
 

SoCoMMJ

Well-Known Member
From what I understand most if not all his patients had higher plant count recommendations, so he was not doing anything different than half the growers out there. And whats the point of saying he was 1000 feet from a school? Is it against Colorado law to be a caregiver 1000 feet from a school? No its not, so whats the point of bringing it up?
Plant count vs. rec's means nothing in a Federal Trial. He can't even mention "Medical" in his trial since that isn't recognized federally. Good luck trying to defend yourself without that.
Being less than 1,000 feet from a school puts him in a drug free zone. That adds double onto any penalty he might encounter.
http://norml.org/index.cfm?wtm_view=&Group_ID=4575
 

BadDog40

Well-Known Member
Plant count vs. rec's means nothing in a Federal Trial. He can't even mention "Medical" in his trial since that isn't recognized federally. Good luck trying to defend yourself without that.
Being less than 1,000 feet from a school puts him in a drug free zone. That adds double onto any penalty he might encounter.
http://norml.org/index.cfm?wtm_view=&Group_ID=4575

Yea I understand that, none of us are legal under Federal, I just get tired of other growers saying he was illegal when under Federal law we all are. I'm just not so sure Bartkowicz would have been convicted locally for what he was doing.
 

MacGuyver4.2.0

Well-Known Member
From what I understand most if not all his patients had higher plant count recommendations, so he was not doing anything different than half the growers out there. And whats the point of saying he was 1000 feet from a school? Is it against Colorado law to be a caregiver 1000 feet from a school? No its not, so whats the point of bringing it up?
BadDog40-

YES, it IS illegal due to the passing of HB1284. ALOT of bullshit that is NOW illegal due to the passing of HB1284 is now LAW. You can thank ALL the asshat Colorado politicians for this:

3 (12)​
Use of medical marijuana. (a) THE USE OF MEDICAL

4​
MARIJUANA IS ALLOWED UNDER STATE LAW TO THE EXTENT THAT IT IS

5​
CARRIED OUT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 14 OF

6​
ARTICLE XVIII OF THE STATE CONSTITUTION, THIS SECTION, AND THE

7​
RULES OF THE STATE HEALTH AGENCY.
8 (b) A
PATIENT OR PRIMARY CAREGIVER SHALL NOT:
9 (I) E
NGAGE IN THE MEDICAL USE OF MARIJUANA IN A WAY THAT

10​
ENDANGERS THE HEALTH AND WELL-BEING OF A PERSON;
11 (II) E
NGAGE IN THE MEDICAL USE OF MARIJUANA IN PLAIN VIEW OF

12​
OR IN A PLACE OPEN TO THE GENERAL PUBLIC;
13 (III) U
NDERTAKE ANY TASK WHILE UNDER THE INFLUENCE OF

14​
MEDICAL MARIJUANA, WHEN DOING SO WOULD CONSTITUTE NEGLIGENCE

15​
OR PROFESSIONAL MALPRACTICE;
16 (IV) P
OSSESS MEDICAL MARIJUANA, OR OTHERWISE ENGAGE IN THE

17
USE OF MEDICAL MARIJUANA:
18 (A) I
N A SCHOOL BUS; OR

19 (B) O
N THE GROUNDS OF OR WITHIN ONE THOUSAND FEET OF THE

20
PERIMETER OF A DAY CARE, A PRESCHOOL, OR A PUBLIC OR PRIVATE

21
ELEMENTARY OR SECONDARY SCHOOL;
22 (V) E
NGAGE IN THE USE OF MEDICAL MARIJUANA WHILE:
23 (A) I
N A CORRECTIONAL FACILITY OR A COMMUNITY CORRECTIONS

24​
FACILITY;
25 (B) S
UBJECT TO A SENTENCE TO INCARCERATION OR ON

26​
PROBATION OR PAROLE, UNLESS OTHERWISE PROVIDED BY COURT ORDER;

 
Top