Question for caregivers with more than one patient

Im currently a red card holder growing my 6 allowable plants by colorado law (Lame). I recently filled out the form to add my first patient had it notorized (in front of notory like the form says) copied his I.D. and red card. I mailed it over a month ago and have recieved no response yet. I want to add 6 more plants asap but don't want to get in trouble. Does the state send something explaining im now able to do 6/6? If so how long does it take? Just trying to comply with the not so clear rules.

Thanks

having a copy of the notorized form and the original certified mail reciept makes you compliant, with those in hand you are good to go

I am in agreement with riddleme entirely here. You could have started growing those plants the day you mailed the forms to the state. Put together a packet with all the information for you and all patients, keep located in an easily accessible place, and you should be good if anyone ever stops by to check plant count. This is all of course assuming you are not inside the city of Denver, then you are not allowed to be a caregiver.

Outside the Denver area actually. Thanks again

Yea, they don't send you anything. If your patient lists you at the time of card application (or re-application) as their caregiver then it will be on their card but thats it.

"original certified mail reciept"

That is a very important piece of paper, and I would make copies of THAT and file them in safe deposit box, safe, or other vault. Without actual proof of mailing said forms they will hang you out to dry. Technically you are NOT supposed to make copies of your Red Card (how F^&#&# stupid is that), but nothing stops you from making backup copies of your mail receipt or your forms you filled out. I have all doctors rec's, forms, and receipts all backed up manually and electronically offsite, just in case. Trust NO ONE.

riddleme said:

having a copy of the notorized form and the original certified mail reciept makes you compliant, with those in hand you are good to go

Click to expand...

An application with proof of mailing is actually no longer sufficient to prove eligibility of patients. In the past, a patient was not technically legal until 35 days from proof of mailing providing that the CDPHE had not denied the patient. Here's the link to that decision: http://www.colorado.gov/cs/Satellite?c=Document_C&childpagename=Rev-Enforcement%2FDocument_C%2FREAddLink&cid=1251580928406&pagename=REWrapper

These days, the CDPHE is sending red cards in 10 days to 2 weeks. So given this, the patients do not arrive at the 35 day mark without either receiving their card or being rejected.

So the reality is today, without an actual red card in hand, a patient is probably not legal at least for the criminal exception granted by the constitution. However with as little as a doctor's rec, the patient should still qualify for an affirmative defense. But that only has potential to work in a court room, and you don't want to be there.

With what I have indicated above, here is what I believe you would need to hold onto to be a compliant caregiver for your patient:

1] Photo Copy of patient's red card
2] Photo Copy of patient's Colorado Photo ID
3] Photo Copy of patient's Notarized Change of Caregiver form with your name on it
4] Signed agreement between patient and caregiver indicating terms of arrangement.[and that they will notify you of a change]
5] Technically, you can not show patients medical information [red card] to anybody[police] without a signed HIPPA Release form from the patient, but that's another whole can of worms...

Understand that this is just advice from some jackhole on the internets and not real live legal advice. However, I have shelled a bazillion dollars to lawyers and have at least a minimal clue

Hope this helps... Keep in mind that this is subject to change with CDPHE rules requiring the standard of care outside of the provision of MMJ that would qualify you as a "Caregiver"