Amendment 64 growing, I'm curious...

Greensome

Member
I'm curious to those growers that are growing according to Amendment 64 in Colorado. Reading about the amendment and the statutes supporting the amendment leaves a hell of a lot of ambiguity in the law.

For example, under Amendment 64 a recreational user can have no more than 2oz in their possession. However, you can have up to 6 plants. The law goes on to further outline the right to have only "three mature at any time". And then I think, now what does that mean?

To answer these questions, I did some digging. I found a lot of website with opinions and analysis, but many conflicted with what the law actually stated. I eventually wound up at a Colorado government state site that had terse rules about the subject all in one place, with external links going out to other government sites depending upon the specifics of your subject. Unfortunately, while the state information did disprove a lot of media misinterpretation, the ambiguity of the rules raised more questions than they answered. Let's look at that.

First of all, you can have more than 2oz IF they are the yield from your plants kept in the place that they grow. The place that they grow has to be in your dwelling, in an interior room that is locked with restricted access. If you don't meet that requirement or any of the rest that follow, you are not in compliance with Amendment 64 and can and will be prosecuted for cultivation if caught.

Now, the state only says, "3 mature plants". What do they mean by mature? In flowering? Ready for harvest? Vegging in its own pot? It could be any of these answers because the state never defines what mature means... at least I couldn't find it.
That means that any ambiguity in the law means that the officer makes the determination and it's up to a court to review each and every individual case. This translates to the possibility that perfectly legal growers still risk incarceration.

The law is clear that you may never sell cannabis for remuneration. Pretty much under any circumstance. However, the laws with regard to dispensaries in Colorado I found states that 70% of the product they sell must be grown by the dispensary. This means that dispensaries are allowed to purchase some of their product from elsewhere. However, I could find no statue under which this transaction can take place and the seller is still in violation of state law. And yes, I also read that many dispensaries do buy some of their product from elsewhere.

Meanwhile, I'm reading about growers getting busted all the time in CO and WA. Usually it's too many plants, but sometimes there is a kid in the house or something and they treat it like endangerment. However, there is no exception to the statue that I could find which stated that a child could not be in the house of the grow.

Remember, this is Amendment 64. This is not some local city law that got passed, this is an amendment to the Colorado state constitution which is the highest law the state can invoke. And while there are more examples of ambiguity that I could bring up, I have to ask people that are growing under assumed amendment 64 protection; are you sure you're protected?
 

robnarley1111

Active Member
I don't live in Colorado, but the laws here in California as far as plant count etc are similar. I always say to err on the side of caution. Therefore, "mature" plants to me are plants out of the seedling stage, which have a root system established. So to make sure I'm within the "law," I assume that any non-seedling plant counts as a "mature" plant (even assuming cuttings or clones could be considered mature, depending on the scenario).

So I'd grow no more than six plants at a time, to make sure the law can't be "interpreted" against me, at least as far as plant count's concerned.
Then I'd "donate" my overages per harvest (anything beyond the "legal" 8 ounces) to the dispensary/co-op/etc (or "legal" friends, family, other patients).

As far as buying/selling, crazy how in California a patient has "legal" access, however, a "seller" can't "sell" it to the patient. Hence the use of the word "donation" when obtaining medical cannabis. And here, as a licensed patient, you have the legal ability to "donate" your extra marijuana to the collective, co-op, dispensary etc, of which you are a member. They can legally "reimburse" you or "compensate" you for the expense you incurred to grow the plants. Funny how wording changes the legality of things isn't it?!

Good post!
 

TreeOfLiberty

Well-Known Member
I found this link yesterday and it doesn't surprise me how law enforcement in Colorado Springs / El Paso county would handle things being as that's a staunch conservative area.

http://www.krdo.com/news/New-marijuana-laws-in-Colorado-Springs/-/417220/19294048/-/x76ink/-/index.html


“Medical marijuana patients with a valid card can legally have two ounces.However, Deputy Police Chief Vince Niski said he wasn't sure if users legally can have three ounces by combining recreational and medical use of the drug. “


“Niski said possession of more than three but less than 12 ounces is a misdemeanor and violators will receive a court summons.Possession of any amount above 12 ounces requires an arrest and booking in jail, he said. “



When I first moved to Colorado I lived in Colorado Springs, from Aug 2009 to May 2010. I'm glad I moved further north.


I think they'll get straightened out fast like once they do a bust on someone who they think has too much weight from harvesting 3 plants for example that yield a combined 16 ounces and a good attorney wins a big payout, then they'll leave personal growers alone all over the state. I think the ones that need to worry about arrest are the ones selling what they grow out of their home. A64 does say you can keep your entire harvest and I've always yielded over the 2 ounce limit for MMJ, and now that I no longer keep a MMJ recommendation that knocks it down to 1 ounce, but I've never traveled with more than a quarter of an ounce. As long as you keep the bulk of your weight in your house, I don't see any reason for concern, and also- not telling anyone that knows you personally.
 

Greensome

Member
You raise a good point which I happened to think of as well after I made my post... it's probably best treated like an illegal grow just to be on the safe side. Talking to people is the worst thing one can do. One person with knowledge can inform the world, and legal or not that's unwanted attention to be sure, something I wouldn't want to wrestle with at night.

About people getting in trouble... are they really prosecuting people for sales? A quick search on Craigslist shows a lot of people in Denver offering straight out product for money. People list their phone numbers and everything. Just seems to me with how many times the subject of, "Craigslist" pops up in so many criminal cases, I can't imagine using it in such a relaxed manner if law enforcement was working adamantly against private sales.
 
Top