Berthoud is not a law enforcement agency and would not be presented with a registry card. You need patient information to verify plant count. The State does not require caregivers to register themselves or the town where they live, patients register their caregiver, are you just making this up as you go along? Licenses are issued to MMJ businesses by the DOR. There is no caregiver license because they are governed by the Constitution. HB1043 allows Local Governments to verify the address of a caregivers cultivation operation through the State Medical Marijuana Licensing Authority Registry, but after a year, there is still no such registry. ALL information is confidential, If my name or address is on a CDPHE MMJ registry card, I'm not allowed to give anyone that information unless you are a "authorized employee 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". Berthoud will have to "stop" or "arrest" everyone in town to acquire the confidential information they require, caregivers can't legally surrender that information otherwise. You can make it a code violation to wear blue shoes but it doesn't mean it will stand up in court. Have fun!
ALL information contained in the registry is confidential.
"No person shall be permitted to gain access to any information about patients in the state health agency's confidential registry, or any information otherwise maintained by the state health agency about physicians and primary care-givers"
I think you are the one who needs to read the law, start with the Constitutional amendment that's been around for over a decade and explains how a confidential registry works.
http://www.cdphe.state.co.us/hs/medicalmarijuana/...
Really? So anyone can call themselves a caregiver and grow weed without proving their a caregiver? How do you prove your a caregiver without surrendering confidential information? Do you have any idea how the MMJ registry works? Do caregivers that help patients grow in their own home or a different location also required to register with Berthoud? Good luck with the law suits, no caregiver will pay a code violation, they will pay their attorney to overturn your silly rules.
How did the City Attorney miss the fact that caregivers, and any information contained in the State Registry, is confidential? No municipality can require caregivers to register with them and the State Registry cannot provide a list of patients who have designated a specific caregiver, due to confidentiality laws. The only thing caregivers will do is ignore you or sue you. Any caregiver who surrenders their information to you will be breaking the law, a Constitutional law, not a silly city code. The Colorado Attorney General has taken the position that primary caregiver registration information is confidential information pursuant to Colorado Revised Statute 25-1.5-106, and municipalities are prohibited from acquiring such information. This makes Berthoud look very uneducated.
Shooting guns have been a Olympic sport for well over 100 years, what are you 12? Golf clubs and baseball bats can kill you, should we ban golf and baseball too? Liberals usually support liberty and equal rights, why does "LiberalLove" want to act like a dictator?
Any federal agency that asks, including the IRS, ATF and DEA. MMED has publicly admitted to collecting evidence and working with federal agents, yet no one in the industry considers that entrapment.
Thanks Stan, it might be in vain but at least you stand up for your community, others in power, such as the MMED, do nothing but collect money and provide evidence. You have always stood for the prosecution of real crime in a college town like rape and violence, but you also stand behind your continued belief that marijuana crimes should be low priority. Thank you Mr Garnet.
Poor Sheriff Smith, he thinks hiding drugs underground and either ignoring or arresting current drug users is somehow better than educating people and helping prevent addicts spread disease. You can't blame the man for being stupid, but I do pity him and any children he might have contact with. Instead of common sense and compassion, he would rather teach fear and denial.
You just don't get it. If the feds can prove "X", they don't need "Y". Accounting for "Y" is providing evidence to convict you for "X". The jury in federal court will not be allowed to hear any testimony about the State MMJ program, I'm sorry you were unaware of this. MMCs will likely be prosecuted in federal court, providing evidence against themselves with no State protection. People like you and me will likely be prosecuted in County court where MMJ laws protect us. New regulations made it easier to build a federal case against MMCs, but the original Constitutional Amendment made it harder to build a local case against Colorado patients.
"state legal framework" related to marijuana is inadmissible in federal court. "accounting for the MJ that is produced" makes a federal case easier. That simple enough?