Pubdate: Wed, 25 May 2016
Source: Colorado Springs Independent (CO)
Column: CannaBiz
Copyright: 2016 Colorado Springs Independent
Contact:  http://www.csindy.com
Details: http://www.mapinc.org/media/1536
Author: Nat Stein

UNDER SPRINGS' RESIDENTIAL PLANT LIMIT, NECESSITY BREEDS CREATIVITY

Plant-count work-arounds

Last week, CannaBiz reported on the plight of Rebecca Lockwood - a 
local mom who grows marijuana at home to treat her severely autistic 
son, Calvin, and several other sick kids. Since City Council put a 
12-plant limit on residential grows, caregivers like her will have to 
choose: stop making life-saving medicine or risk arrest. This week, 
CannaBiz breaks down that choice, because nothing's really ever that 
simple, is it?

One option for homegrowers is to buy from a dispensary. That is 
indeed viable if any of the 132 medical marijuana centers in town 
grow the appropriate strains at an affordable price point. But that's 
a big "if." Many patients grow at home precisely because those 
factors are prohibitive.

The other choice, breaking the law, may not be as unappealing as it 
seems. The state constitution provides an affirmative defense "that 
such greater amounts were medically necessary to address the 
patient's debilitating medical condition." So, hypothetically, 
someone charged with violating this ordinance could test its 
constitutionality by making that argument.

Local attorney Cliff Black, who has had success invoking "medical 
necessity" in court, thinks case law may very well apply in such a 
scenario, but his firm doesn't sue municipalities. He did, however, 
point out that because the ordinance only restricts residences, 
caregivers should still be able to grow up to 99 plants in industrial 
zones - where commercial grows are permitted.

There's a moratorium on new licenses for the next year, but if a 
caregiver with high-need patients cultivated for private, medical use 
rather than commercial profit, he/she may not need the same license 
that dispensary growers do. Black adds that state law prohibits 
caregivers from joining their grows, but a warehouse subdivided into 
separately leased units could host multiple cultivations.

Permitted operations along those lines got raided in Denver last year 
- - some reportedly failed fire-safety inspections while others got 
indicted for interstate drug trafficking.

Though medical collectives exist in California and even here in 
Colorado (the attorney who represents those couldn't be reached by 
press time), Bridget Dandaraw-Serritt of the Cannabis Patient Rights 
Coalition says, "It's split half and half between the growers who'd 
want to take part and those who think it's too risky." She was asked 
to join a new working group to discuss local marijuana regulations, 
should City Council pass a resolution for its formation, on Council's 
agenda after the Indy's press time on Tuesday.

Councilor Larry Bagley, the resolution's proponent, says via email 
that should it pass, "we will task [the working group] to report back 
in 60 to 90 days on Exceptions/Hardships for relief on the Ordinances 
as applicable, [an] MJ Board a la Liquor Board, and a list of other 
items the Task Force didn't/couldn't resolve."
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MAP posted-by: Jay Bergstrom