Medical Marijuana Enforcement Division launches redundant private caregiver registry

marijuana plants in pots cropped.JPG
After a long delay, the state Medical Marijuana Enforcement Division has begun implementing a private caregiver registry -- despite caregivers being handled by a separate government agency.

State law crafted in response 2010's House Bill 1284 requires the MMED to keep track of private caregiver grow locations -- a useless redundancy considering caregivers have been registered with the CDPHE since the MMJ program began in 2001.

This extra paperwork, as well as the inclusion of another government agency, surely won't go over well with already paranoid basement growers.

Add the fact that caregivers aren't licensed in any way by the MMED and the whole thing becomes absurd. It's just an additional level of useless information-collecting forced by paranoid legislators who crafted the rules while not paying attention to what laws were already in place.

I'm sure the cash-strapped MMED also loves dealing with the added responsibility of keeping records on caregivers who aren't even paying licensing fees to them.

It's not as if law enforcement lacks access to the preexisting health department data. Back in June, we wrote about a program that links the CDPHE and MMED databases with state law enforcement computers. So law enforcement already has access to this information. (For what it's worth, state officials have assured us that the information would only be available on demand by law enforcemers who need to verify the legality of a location).

And if that isn't enough to convince you that the form is unnecessary, there's the notice right at the top. It reads:

In accordance with C.R.S. §25‐1.5‐106(7)(e), a Caregiver who cultivates Medical Marijuana for his or her patients must register the location of that cultivation operation with the MMED. This information will be kept confidential and only provided to local government or a law enforcement agency upon receipt of an "address‐specific request for verification."
Continue to learn more about reaction to the new MMED program, as well as to see a copy of the caregiver form.

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16 comments
COmidnightrider
COmidnightrider

Do you ACTUALLY think Westword will devote "Dime One" of Print moneys to publisize these new and old law inconsistencys? Hmmm, I Wonder?(Smoke Wisps don't last long PEOPLE!)

the420rev
the420rev

FYI CRS 25-1.5 101 Et al, is ONLY rules, powers and duties of theHEALTH AGENCY ONLY, they are lying, this law creates the duty for thehealth dept to create the registry NOT THE REV DEPT OR THE CAREGIVERS!

Title 25; Administration; ARTICLE 1 - ADMINISTRATION; 

ARTICLE 2 - POWERS AND DUTIES OF THE DEPT OF HEALTH AND ENVIRONMENT   http://www.lexisnexis.com/hottopics/colorado/

coloradommjpatient
coloradommjpatient

DO NOT FILL OUT THIS FORM AND TURN IT IN!!!!

You will be incriminating yourself for FEDERAL crimes. Ask the MMCs how they like dealing with the MMED and DOR.

Follow Amendment 20 strictly and you will be better off!

wtfk
wtfk

"Maybe it's time to start growing your own anyway. You don't have to register with the state as a caregiver for yourself, and when Amendment 64 goes into effect you won't even have to have a medical marijuana card to grow six plants (with only three in flower). Plus, you don't have to sign a medical dispensary up to be your primary center to shop there when you're running low on your own stash."

I figured this out BEFORE A64 was published. Frankly, due to having been unemployed and not wanting to spend the money to renew, I started that way, then saw the writing on the wall with all the registration coming down the pike, and decided "affirmative defense" looked pretty good. In January, it won't even be necessary, but might be a nice insurance policy.

Monkey
Monkey

The law is clear, if any caregiver releases any information contained in the CDPHE registry to the MMCED, they are violating the law. Just have your patients give you written notice that they are NOT giving their caregiver permission to release any information contained in the MMJ registry, including their registration number or the location their marijuana is cultivated.

Colorado Constitution states, "No person shall be permitted to gain access to any information about patients or any information maintained by the state health agency about physicians and primary care-givers, except for authorized employees of the state health agency in the course of their official duties and authorized employees of state or local law enforcement agencies which have stopped or arrested a person who claims to be engaged in the medical use of marijuana and in possession of a registry identification card or its functional equivalent."

CRS § 18-18-406.3(5) states, “Any person who releases any confidential information contained in any such record that is provided by the marijuana registry without the written authorization of the marijuana registry patient commits a class 1 misdemeanor."

JakeBrowne
JakeBrowne

"Plus, you don't have to sign a medical dispensary up to be your primary center to shop there when you're running low on your own stash."

That's a little misleading, as a VAST majority of centers don't require a change of provider form simply to shop. If they do, you're probably in the wrong place.

Monkey
Monkey

If it took them 2 years to come up with a form, I think waiting 2 years to fill out the form is appropriate.

DonkeyHotay
DonkeyHotay topcommenter

                                   *** Regulation Works! ***

... suckers!

DonkeyHotay
DonkeyHotay topcommenter

@the420rev  Correct.

The idiots who begged for Government Regulation via HB1284 also received new restrictions on the rights of Patients and Private Caregivers,  lobbied for by the lowlife greedy dispensary cartel scumbags like Vicente & Associates, the MMIG, and other Dispensary Lawyers -- restrictions on individuals designed to hinder the ability of Patients/Caregivers to create their own self-sustainable supply, which of course competes directly with the greedy profit motive of the Big $$$ Retail pigs and their parasitic bedfellows at the Dept. of Revenue.

This Caregiver Grow Location Registration was one of those items in HB1284 designed to discourage sustainable independent production and force patients to purchase overpriced, overtaxed, government controlled warehouse schwag from the Greedy Retail Pigs.

Remember -- Regulation Works!

... suckers.

DonkeyHotay
DonkeyHotay topcommenter

@coloradommjpatient 

True!

The CDPHE registry is "confidential" by the provisions of constitutional law -- A20 -- with specific criminal sanctions against the CDPHE if they violate that constitutionally mandated confidentiality.

The MM Criminal Enforcement Division of the DOR is under no such mandate to keep any information they collect confidential -- in fact it is their policy to share everything they collect with all law enforcement and government agencies -- local, state and federal.

The CDPHE registry has successfully denied the DEA access to the registry.

The MMCED would gleefully deliver their information to the DEA with a bow and a blow-job.

Register at your own peril.

hth.

DonkeyHotay
DonkeyHotay topcommenter

@wtfk  There is no "affirmative defense" under A64 for exceeding the dysfunctional, unsustainable, pathetically puny 3 (three) flowering plant limit. If you grow 4 plants, or sprout 7 seeds, you go directly to JAIL.

At least A20 allowed some necessary wiggle-room to allow patients/caregivers to cultivate a sustainable supply.

The intent of A64 was not to allow you enough freedom to grow your own, but to force you to support and participate in the Commercial Retail model, which will be dominated by Big $$$ Dispensary Cartels and their parasitic bedfellows at the Dept. of Revenue.

DonkeyHotay
DonkeyHotay topcommenter

@Monkey  Exactly!

On the other hand, the Criminal Enforcement Division at DOR is saying "trust us" ... we won't release the information ... unless someone asks ... like the DEA or some Anti-Marijuana Sheriff ...

Lyin' Brian Vicente and mendacious Mason Tvert were right -- Regulation Works! -- and Strict Regulation Works Better!!

BackOffImStarving
BackOffImStarving topcommenter

@JakeBrowne Sometimes they offer you discounts, but they're usually not awesome enough to bother with.

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