35 day question

Colorado Criminal Defense - Medical Marijuana Business Consultations

35 day question

Warren: Posted on Wednesday, August 25, 2010 10:46 AM

Lots of questions as to where the 35 days waiting period comes from.

Basically:

A20 allowed you to sell to a patient as an Affirmative Defense caregiver once the patient got the Dr's recommendation.

The "go away at the door" defense under 2(b) kicks in once the patient gets the card AND names the person as a caregiver.

You are no longer caregivers. You are medical marijuana centers. Your right to break the law comes from 1284 now not A20. Thus the only way you are left legally transferring med mj is through the Card and the resulting waiting period or actual arrival of the physical card.

11 Comments to 35 day question:

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Laurel on Wednesday, August 25, 2010 5:07 PM

Has there been a court ruling on this provision yet or any challenges to it?

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Warren on Wednesday, August 25, 2010 5:37 PM

No court ruling. I am not aware of any police officer or DA pursuing charges based on a violation of the statute. It is something that needs to be fixed by the legislature January 2011. What really needs to happen is for CDPHE to start working like DMV (did I really just type that?) and issue SAME DAY patient cards. Yes you would have to wait, just like DMV, but the wait would be hours rather than 9 months. It wouldn't even be that hard if the Notary block applied to the physician and not the friggin' patient.

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kiki on Wednesday, August 25, 2010 11:22 PM

My clinic gave a patient a recommendation for MMJ and he was busted in Aurora later that night because he didn't wait for the 35 days. I went to court with him and the judge REALLY chewed his ass out. He was already on probation for MJ possession. I told him to fight it said I would pay the bill and he started to but I couldn't accompany him at the next hearing and he was intimidated by the judge, rolled over and got screwed. He was a really good kid that was trying to do everything right that had never gotten a break. My low point of the year.

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