12 plant limit per household in Denver?

COGuy

Member
Just want to make sure I understand this, so if I'm a caregiver, I can only have a max of 12 plants? Does this mean 6 mature, 6 veg or 12 mature and 12 veg? So the whole 6/patient is nil in the city of Denver?

Do I only need to be a caregiver to one other person then? I get six for myself correct and I can grow six for my patient as well or do I need to have 5 people that I'm a caregiver too? I don't need to do anything special to be caregiver correct other than have someone list me on the license as their caregiver correct? Does the person need to be "homebound" in order to list me?

Do I still get the 2oz per patient stock up too? or is that different in Denver?

What about if you get the doc to up the plant count for edibles? Does this have any impact or does the 12 mean 12 only?

Last, do I need to keep receipts or anything when I eventually sell to my patient(s)?
 

TruenoAE86coupe

Moderator
Wow lots of questions in little space, i like it. OK i will do my best here, yes denver city (possibly the county but not sure about that) residents can only have 12 TOTAL plants. I am going to stay on the legal side here, as the "edibles recommendations" are just an affirmitive defense not actually legal. So based on that yes you just need you and one patient. The whole caregiver thing is designed for people unable to grow, regardless of why, so they do not need to be home bound. I believe you still get 2oz per patient (of course that 2 ozs for the patient is combined with what you and the patient have). Their is nothing that specifically states (that i know of i will be corrected if im wrong) that you have to keep documentation on what you have sold to a patient.
 

COGuy

Member
Actually, based on what someone posted a couple months ago, it seems you can only grow for yourself and someone else in your household? So you have to have two card carrying people in a single house in Denver (for your 12 plant max) and you can't be a caregiver to someone else and grow for them too it would appear?

In a vote Monday night of 12-1 Council members adopted a measure to limit households within the City to just 12 plants total, and only two patients per home who must also live in the household.

Despite a new State law and regulation under HB 1284 allowing for up to 30 plants with a five patient limit per private caregiver, Denver City Council members saw fit to tighten those regulations more within Denver.


The law effectively eliminates private caregivers from growing Cannabis for anyone but themselves and another person in the household. Each of the possible two patients per home are allowed six plants a piece and cannot caregive for anyone outside the home.

Violations of the regulation would face tough fines and possible prosecution if inspections of a home revealed gross violations or lack of continued compliance. It’s not clear how the law will be enforced.

Most of the almost two hour public comment hearing was spent with council members commenting on their personal beliefs why the measure was proper to implement. Councilman Charlie Brown commented saying “..if Medical marijuana people (proponents) had cooperated would we be here (making this legislation)?”

Another Councilwoman commented to citizens in the hearing that had voiced concerns of foot traffic in and out of caregivers homes near them asking them, “Do these people look like they have a debilitating illness?”. Patients complained in and out of the hearing not everyone can grow

Cannabis and the rules would limit access to those who need the more personalized services a private caregiver could offer.

New patients under ongoing formation of HB 1284 regulations are not allowed to visit Medical marijuana Centers within 35 days of obtaining a signed recommendation. The rule stems from wording in Colorado Amendment 20 that allows the State Health Department to reject a Med MJ application within 35 days of recommendation. Private caregivers would be the ones to fill the void of time in which patients would be rejected by Medical marijuana Centers.

During the hearing Denver City Council also heard from a few residents for the strict regulation and one man who stated his neighbor was growing over 60 plants and with a new born child on the way he didn’t feel his safety or his new born child’s safety were secured with having a “large” Cannabis operation next door. Council members used a few small situations like this throughout their comments as reasons why the law needed to be supported.

The Denver City Council also adopted wording as part of the law that will make them revisit the regulation in two years to see if the rules are working with the City and its neighborhoods.

The new Denver regulation could face a tough challenge in court though. Boulder, Colorado resident and Medical marijuana patient Jason Lauve was acquitted last year of felony possession charges in a jury trial, despite the fact he had 35 ounces or 17 times the amount of suggested Medical marijuana listed for personal use in Colorado’s Amendment 20. Lauve was injured in an accident in 2004 at Eldora Ski Resort and says he mixes smoking and using concentrates daily to control pain better than any pain management tool he has come across. His case is important because part of Colorado’s Medical marijuana law allows patients in court to use an “affirmative defense”, allowing themselves and their doctors the decision on an appropriate amount of Cannabis to posses in managing care, also allowing more than the suggested 2 ounces and 6 plants listed in Amendment 20. Jason Lauve’s acquittal reaffirmed this right in court.

The Denver City Council addressed the issue of Court challenge and constitutionality with its City Attorney stating Courts recently have decided on the side of regulation and have not favored Medical marijuana advocates, and the City should feel confident in litigating any issues that rise from the new law.

9 people testified at the public comment Hearing. 5 against the regulation, and 4 in favor of it.
 

COGuy

Member
If say, I'm a caregiver to my 5 max patients, then realistically, I could have up to 30 plants but they just couldn't be in Denver then? So I could rent a warehouse in east in Aurora and grow them there?
 

TruenoAE86coupe

Moderator
I didn't realize you couldn't be a caregiver in denver now, good to know. Actually IMO you have 5 patients plus yourself, which would be 6 x 6 so 36 plants. A warehouse for 36 plants? Yes you could move the grow, more and more places are coming up with restrictions all the time though, so outside the city limits may be a better bet. Also remember that you can legally only sell to those 5 patients.
 

SoCoMMJ

Well-Known Member
It's going to suck if you are any distance from your warehouse. You will have to be there every day.
I'm assuming that you have a day job too.

I didn't see in the Denver 12 plant rule where both card holders have to live in the house. But then again I don't follow Denver city too closely since we are in the Springs.
Do you have a link to the detail of that ordinance by chance ?

Seems really strange that you can't be a caregiver for somebody that doesn't live in your house.
 

TruenoAE86coupe

Moderator
Yeah its not in the house bill, it is a city ordinance. These make the nightmare of a legal system that has become our mmj system, basically impossible to interpert without an attorney. We do our best on here, but most of us only stay really up on our own neighborhoods or any where we plan to move. Finding these laws without the help of a paralegal is next to impossible at this point, internet has made it some what feasible, but with the immense amount of bad info out there (probably guilty of some my self) it just becomes that much harder to really figure out what is legal and what is not. Just look at what people will tell you in relation to plant count 6 different mmc's will most likely land you 6 different answers.
 

Canaguy27

Active Member
Denver's ordinance violates your constitutional rights along with most of 1284 and the like. Unfortunately someone will have to fight (pay money) to get this overturned.
 
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