Colorado Medical Plant Count Question (Clones)

[Lakeusmc]

Hi guys, long time reader first time poster.

Im about to start a new grow but I have a question that I cant find the answer to anywhere...

What Im trying to figure out is how do you grow clones that, according to Colorado State Medical Marijuana Laws, do NOT count towards your plant count.

Here is the language:

Immature plants were previously known as clones, cuttings, clippings, etc. As of July 1, 2011 the Medical Marijuana Enforcement Division has defined an immature plant as, “a nonflowering medical marijuana plant that is no taller than eight ( 8 ) inches and no wider than eight ( 8 ) inches that is in a growing container that is no larger than two (2) inches wide and two (2) inches tall that is sealed on the sides and bottom, although the seal on the bottom may contain ventilation or drainage holes.” **


What "growing container" is 2 inches X 2 inches?

How about an aeroponic cloner with Neoprene hole cut-outs? Are they considered "growing medium" I wonder? (Like in this video)

I know if a clone is in any kind of growing medium (including rockwool cubes) then it counts as a plant.

Is there any way to legally grow 3 Veg Plants, 3 Flowering Plants, and have some clones?


Thank you,
Lakeusmc


** source- http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheadername1=Content-Disposition&blobheadername2=Content-Type&blobheadervalue1=inline;+filename="40612+MMED+Position+Statement+Addressing+Clones+and+120+Day+Rule.pdf"&blobheadervalue2=application/pdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251785318919&ssbinary=true

 

[chewberto]

Get a roommate!

 

[Lakeusmc]

I have roomates which is why i have to be extremely particular with the rules. Even with another roomates plants to grow, I'd more than likely just want to double my whole operation : )

 

[Lakeusmc]

Using logic, which is subject to interpretation, those neoprene cut-outs appear not to be any kind of growing "medium". Also happen to fall under the 2" x 2" size regulation...

Just hoping someone has asked this same question at one point in time.

 

[bde0001]

Hasn't colorado legalized mj for rec use? Why would you worry about medical count? a collective or something? They only let you grow 6 plants for rec use , dont they? the bastards...

 

[Lakeusmc]

Growing for medical reasons allows me the same 6 plant count but affords me a higher weight allowance. 2oz under MMJ and 1 oz under 64. Also a patient can get a doctors rec for increased plant count up to 99 plants. The tricky part is this...


(b) For quantities of marijuana in excess of these amounts, a patient or his or her primary care-giver may raise as an affirmative defense to charges of violation of state law that such greater amounts were medically necessary to address the patient's debilitating medical condition.

Anyone can get a 24 plant count / 8oz allowance but I've never heard of anyone having to prove their legal necessity for that increased amount. I've been told that you can get your increased plant count script with edibles being the necessary reason. I just dont know how well that would go in your defense.

For now Ill most likely upgrade to the increased plant count and weight just for a larger buffer if I were to find myself in trouble.

 

[BadDog40]

Anyone can get a 24 plant count / 8oz allowance but I've never heard of anyone having to prove their legal necessity for that increased amount. I've been told that you can get your increased plant count script with edibles being the necessary reason. I just dont know how well that would go in your defense.

For now Ill most likely upgrade to the increased plant count and weight just for a larger buffer if I were to find myself in trouble.

There are plenty of people that have had to defend themselves in court because they had a higher plant count rec. Most end up taking a plea deal because of the high cost of going to trial.

I know one guy who had 36 plants with a 50 plant rec. The Boulder sheriff brought the DEA with them on the raid and the DEA seized his $400,000 house and never charged him. This happens more than people think, just because its not in the papers doesnt mean its not going on.

As far as the clone definition, 1284 was written to define the rules for MMC's, not patients. Trust me, if the cops bust your door down and you have 6 plants and 50 clones you are going to get charged and the courts can sort it out. Cops hate raiding people and not charging them, not only does it make them look like dicks it opens themselves up to civil rights lawsuits.

 

[bde0001]

wait wait wait. they seized his house but didnt charge him with anything? He got his house back right? Since he wasnt found guilty of any crimes?

 

[BadDog40]

wait wait wait. they seized his house but didnt charge him with anything? He got his house back right? Since he wasnt found guilty of any crimes?

No, he was not charged by the feds and no, he did not get his house back. Forfeiture laws are a civil matter and they just do what the hell they want when it comes to that and its up to you to spend tens of thousands on attorneys to fight it and take the risk of being charged to make their house stealing journey more solid.

 

[bde0001]

you have to be shitting me!? How is this not illegal. This issue has been brought up to the courts already im assuming?

 

[BadDog40]

you have to be shitting me!? How is this not illegal. This issue has been brought up to the courts already im assuming?

Been going on since Reagan signed it into law in the 80's.

Civil forfeiture rests on the idea (a legal fiction) that the property itself, not the owner, has violated the law. Thus, the proceeding is directed against the res, or the thing involved in some illegal activity specified by statute. Unlike criminal forfeiture, in rem forfeiture does not require a conviction or even an official criminal charge against the owner. This is the source of its attractiveness to law enforcement, and its threat to those concerned about abuse or circumvention of Constitutional protections.
http://www.law.cornell.edu/background/forfeiture/

 

[redzi]

The ability of the feds or state police to seize has been reduced by a Supreme Court ruling...the %$# assholes were acting like a bunch of nazis.

 

[News Wure]

There are plenty of people that have had to defend themselves in court because they had a higher plant count rec. Most end up taking a plea deal because of the high cost of going to trial.

I know one guy who had 36 plants with a 50 plant rec. The Boulder sheriff brought the DEA with them on the raid and the DEA seized his $400,000 house and never charged him.

This happens more than people think, just because its not in the papers doesnt mean its not going on.

Agreed. Do you have a citation, link or other information as to this exact case in Boulder? I'd like to read more of the specific details of the bust and federal seizure.