A64 / A20 Plant counts

Does anyone know the current status of this?

I found that the "task-force" was trying to make it so you can only have 6 plants total between the 2 amendments.
But they are in fact two different laws that should have no relation.. where did this end up?

When I met the guys who wrote 64 in Fort Collins a couple weeks ago at a public presentation this was asked and they, Brian and Josh, looked at each other and shrugged and said that this detail is not yet written into law. Kind of like the question about how much you can carry if you have a card, 2 oz as medicine and 1 as recreation, so 3 oz seems OK, but again the law is not yet written. They said it will be up to an overly-agressive cop to get the argument started before a judge. I asked if grow rights could be transferred to someone else for their 6 plants, like if they can't grow them in an apartment, and again they shrugged and said it sounds OK, but the law is not yet written to define how it will work. FYI, Brian and Josh are lawyers and they worked very hard to make this happen. They suggest getting involved with Sensible Colorado to help make the changes we need.

6 immature or 3 immature and 3 mature.

The question about 'enhanced/increased plant counts' came up and they were not clear about this either, they mentioned that you could mount an affirmative defense, but I told them that I really would prefer to know up front rather than be arrested and taken thru the court system. Unknown at this time, but their law firm or several others will gladly represent you in court. I didn't ask if they would do it pro bono as I hope to never be a defendant. We are setting the standards here in CO, this is a work in progress, welcome to the cutting edge of decriminalization and the beginning of the end of prohibition.

420circuit said:

The question about 'enhanced/increased plant counts' came up and they were not clear about this either, they mentioned that you could mount an affirmative defense, but I told them that I really would prefer to know up front rather than be arrested and taken thru the court system. Unknown at this time, but their law firm or several others will gladly represent you in court. I didn't ask if they would do it pro bono as I hope to never be a defendant. We are setting the standards here in CO, this is a work in progress, welcome to the cutting edge of decriminalization and the beginning of the end of prohibition.

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Yeah, I would stick to the first limits until they get a clear definition. I doubt it will change much tho.

I have wanted to know the answer to this, my little brother wants to grow in my room, but doesn't live at the residence!

its not legal for him to grow unless he is 21

Balzac89 said:

its not legal for him to grow unless he is 21

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He is 21! I'm 30, so he is my "little" brother!

The assignment of your A64 growing rights is not clear at this time, but the lawyers were indicating a 'why not?' stance. Easy for them as they would not be defendants and could stand to make money from someone's courtroom experience. BTW, one of the authors of A64 is attorney Joshua D. Kappel at the law firm Vincente Sederberg llc. Another one that would have insight in this area would be Leonard in Boulder, the guy who runs NORML Colorado. I would contact either of these folks if you needed representation.

420circuit said:

The assignment of your A64 growing rights is not clear at this time, but the lawyers were indicating a 'why not?' stance. Easy for them as they would not be defendants and could stand to make money from someone's courtroom experience. BTW, one of the authors of A64 is attorney Joshua D. Kappel at the law firm Vincente Sederberg llc. Another one that would have insight in this area would be Leonard in Boulder, the guy who runs NORML Colorado. I would contact either of these folks if you needed representation.

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This is a simple question of I don't know. Does everyone think these things will have to be settled by making an example out of soneone in a courtroom or do you think the state and feds will be rather mellow about it? So far I haven't read about any interference from the state or fed that's gotten any traction. Holder is to busy trying to figure out if he's going make good on his lies in other areas or get fired. I'm sure CO weed is low on his current list.

Kramer Chids said:

This is a simple question of I don't know. Does everyone think these things will have to be settled by making an example out of soneone in a courtroom or do you think the state and feds will be rather mellow about it? So far I haven't read about any interference from the state or fed that's gotten any traction. Holder is to busy trying to figure out if he's going make good on his lies in other areas or get fired. I'm sure CO weed is low on his current list.

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amen. And with the Guv signing the laws... And dude planting a field full of hemp.... it's too fucking late for them to do anything now, the cats out of the bag.

Chew, your new avatar is worse than the last, which is I'm sure your intent, in which case take this as a compliment. That kid up to his nostrils in dirty water makes me want to heave.

Bubbagineer said:

amen. And with the Guv signing the laws... And dude planting a field full of hemp.... it's too fucking late for them to do anything now, the cats out of the bag.

Chew, your new avatar is worse than the last, which is I'm sure your intent, in which case take this as a compliment. That kid up to his nostrils in dirty water makes me want to heave.

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He has shampoo on his hair, so there is a touch of cleanliness you can focus on! hope this helps!

That. Movie. Is. CREEEEEEEEEEPYYYYYY.

Kramer Chids said:

That. Movie. Is. CREEEEEEEEEEPYYYYYY.

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Tell that to your avatar!

"I love my little rooster, and my rooster loves me, gonna cherish that chicken neath the greenbay tree"

chewberto said:

He has shampoo on his hair, so there is a touch of cleanliness you can focus on! hope this helps!

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is that Gummo???? lol

chewberto said:

He has shampoo on his hair, so there is a touch of cleanliness you can focus on! hope this helps!

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Ahahahaha, nice!

Balzac89 said:

is that Gummo???? lol

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Yup! If I could some up this world in one movie!

People wanna act like its creepy, but it's reality! All of our realities! Maybe not directly in front of you, but its all around you! And worse and even more disgusting than this....mild portrayal of the sick human beings that exist...I seem to think so anyway!

Aaaanyway.....how's things?

Here are a some snip-its from an article of The Hemp Connoisseur.

Some folks are convinced that there is a provision in the law where one can posses an ” edibles license”(including myself, as my doc said, I need more like 18 plants for my condition.

However Amendment 20 clearly states: Colorado law only allows mmj patients to grow 6 plants...3 flowering/3 in veg...but nothing is mentioned about immature plants...where to draw the line?

In practice, your doc can recommend that a patient have an increased plant count for more painful/serious ailments.

This does not mean that the doctors recommendation some way supersedes the state law. And you are not necessarily exempt from prosecution.

It does however allow the patient who IS prosecuted for violation of the provisions, may raise an ” affirmative defense” against said charges.

It could simply come down to whether, a prosecutor may think you are a distributor or just actually using all the medication yourself.

All these provisions are different from one county to the next, Colorado is by no means under one uniform law outlining what we may grow.

This means, where you live specifically in Colorado could determine prosecution or not.
If you are arrested for growing more than the allotted 6, a doctors recommendation will Not save you from jail-time...
Personally, I think it will depends on individual cases, ie... Are there young children in the house?, are the plants accessible to the minors in question? Is there lots of traffic coming in and out of the residence?

Your neighbors can be your best friend or worst enemy, my advice is to aim for the former, and make friend with neighbors, and be courteous to them.

If prosecuted, are you confident your doctor paid the 150$ increased plant count fee?
(I know my doc didn't pay it, not did I)

Are you confident that doctor will help defend you in the courtroom?

HB 1284 states: ...” The patient's physician shall certify the specific amounts in excess of the two ounces that are necessary to address the patients debilitating medical condition, and why such amounts are necessary”

You world also probably have to pay a ” expert witness” to testify on your behalf...and you STILL have a chance of being prosecuted....unless your illness is extremely severe, or terminal.

Even with my condition; Ankylosing Spondylitis (more severe than R.A.)..could eventually attack my organs also, turning my heart, lungs and or kidneys into bone matter. My doc wrote me for 18 plants total...

At the time, I was fist-pumping and very excited that I'd be growing 18 plants just for me and my hash oil...lol

Then I came across articles like this above article...and decided to wait it out, til the laws are more defined.

In summary... always remember this, A drug conviction is most certainly going to ruin your day, it will follow you for the entirety of your whole existence.

Think about that long, and hard before you decide to go beyond the provisions of the law.

A doctors note will not change anything unless you have a card.

These laws are separate

Thanks for the reply^,

I've had my card current since day #1 good sir...

But thanks.