Regulatory notes on Caregiving, November 2011

This document is neither 100% comprehensive nor guaranteed to be current. Please seek professional legal assistance prior to beginning any new endeavor.

 

Amendment 20: (i.e. 18:14)

 

  1. As used in this section, these terms are defined as follows:

(f) "Primary care-giver" means a person, other than the patient and the patient's physician, who is eighteen years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition.

  1. (a) Except as otherwise provided in subsections (5), (6), and (8) of this section, a patient or primary care-giver charged with a violation of the state's criminal laws related to the patient's medical use of marijuana will be deemed to have established an affirmative defense to such allegation where:

(2) (a) Except as otherwise provided in subsections (5), (6), and (8) of this section, a patient or primary care-giver charged with a violation of the state's criminal laws related to the patient's medical use of marijuana will be deemed to have established an affirmative defense to such allegation where:

(I) The patient was previously diagnosed by a physician as having a debilitating medical condition;

(II) The patient was advised by his or her physician, in the context of a bona fide physician-patient relationship, that the patient might benefit from the medical use of marijuana in connection with a debilitating medical condition; and

This affirmative defense shall not exclude the assertion of any other defense where a patient or primary care-giver is charged with a violation of state law related to the patient's medical use of marijuana.

(b) Effective June 1, 2001, it shall be an exception from the state's criminal laws for any patient or primary care-giver in lawful possession of a registry identification card to engage or assist in the medical use of marijuana, except as otherwise provided in subsections (5) and (8) of this section.

(b) In order to be placed on the state's confidential registry for the medical use of marijuana, a patient must reside in Colorado and submit the completed application form adopted by the state health agency, including the following information, to the state health agency:

...

The name and address of the patient's primary care-giver, if one is designated at the time of application.

  1. Within thirty days of receiving the information referred to in subparagraphs (3) (b) (I)-(IV), the state health agency shall verify medical information contained in the patient's written documentation. The agency shall notify the applicant that his or her application for a registry identification card has been denied if the agency's review of such documentation discloses that: the information required pursuant to paragraph (3) (b) of this section has not been provided or has been falsified; the documentation fails to state that the patient has a debilitating medical condition specified in this section or by state health agency rule; or the physician does not have a license to practice medicine issued by the state of Colorado. Otherwise, not more than five days after verifying such information, the state health agency shall issue one serially numbered registry identification card to the patient, stating:

...

  1. The name and address of the patient's primary care-giver, if any is designated at the time of application.

(f) When there has been a change in the name, address, physician, or primary care- giver of a patient who has qualified for a registry identification card, that patient must notify the state health agency of any such change within ten days. A patient who has not designated a primary care-giver at the time of application to the state health agency may do so in writing at any time during the effective period of the registry identification card, and the primary care-giver may act in this capacity after such designation. To maintain an effective registry identification card, a patient must annually resubmit, at least thirty days prior to the expiration date stated on the registry identification card, updated written documentation to the state health agency, as well as the name and address of the patient's primary care-giver, if any is designated at such time.


 

  1. (a) A patient may engage in the medical use of marijuana, with no more marijuana than is medically necessary to address a debilitating medical condition. A patient's medical use of marijuana, within the following limits, is lawful:

    (I) No more than two ounces of a usable form of marijuana; and

    (II) No more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana.

(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.

(6) Notwithstanding paragraphs (2) (a) and (3) (d) of this section, no patient under eighteen years of age shall engage in the medical use of marijuana unless:

(e) A parent residing in Colorado consents in writing to serve as a patient's primary care-giver;

(f) A parent serving as a primary care-giver completes and submits an application for a registry identification card as provided in subparagraph (3) (b) of this section and the written consents referred to in paragraph (6) (d) to the state health agency;

(g) The state health agency approves the patient's application and transmits the patient's registry identification card to the parent designated as a primary care-giver;

(h) The patient and primary care-giver collectively possess amounts of marijuana no greater than those specified in subparagraph (4) (a) (I) and (II); and

(i) The primary care-giver controls the acquisition of such marijuana and the dosage and frequency of its use by the patient.


 

CRS

12-43.3-102. Legislative declaration.

(2) The general assembly further declares that it is unlawful under state law to cultivate, manufacture, distribute, or sell medical marijuana, except in compliance with the terms, conditions, limitations, and restrictions in section 14 of article XVIII of the state constitution and this article or when acting as a primary caregiver in compliance with the terms, conditions, limitations, and restrictions of section 25-1.5-106, C.R.S.

(2)(a) Prior to July 1, 2011, a county, city and county, or municipality may adopt and enforce a resolution or ordinance licensing, regulating, or prohibiting the cultivation or sale of medical marijuana. In a county, city and county, or municipality where such an ordinance or resolution has been adopted, a person who is not registered as a patient or primary caregiver pursuant to section 25-1.5-106, C.R.S., and who is cultivating or selling medical marijuana shall not be entitled to an affirmative defense to a criminal prosecution as provided for in section 14 of article XVIII of the state constitution unless the person is in compliance with the applicable county or municipal law.

(8) "Medical marijuana center" means a person licensed pursuant to this article to operate a business as described in section 12-43.3-402 that sells medical marijuana to registered patients or primary caregivers as defined in section 14 of article XVIII of the state constitution, but is not a primary caregiver.

  1. Nothing in this article shall be construed to limit a law enforcement agency's ability to investigate unlawful activity in relation to a medical marijuana center, optional premises cultivation operation, or medical marijuana-infused products manufacturer. A law enforcement agency shall have the authority to run a Colorado crime information center criminal history record check of a primary caregiver, licensee, or employee of a licensee during an investigation of unlawful activity related to medical marijuana.

12-43.3-103. Applicability.

(2) (a) Prior to July 1, 2011, a county, city and county, or municipality may adopt and enforce a resolution or ordinance licensing, regulating, or prohibiting the cultivation or sale of medical marijuana. In a county, city and county, or municipality where such an ordinance or resolution has been adopted, a person who is not registered as a patient or primary caregiver pursuant to section 25-1.5-106, C.R.S., and who is cultivating or selling medical marijuana shall not be entitled to an affirmative defense to a criminal prosecution as provided for in section 14 of article XVIII of the state constitution unless the person is in compliance with the applicable county or municipal law.

12-43.3-104. Definitions.

 

(8) "Medical marijuana center" means a person licensed pursuant to this article to operate a business as described in section 12-43.3-402 that sells medical marijuana to registered patients or primary caregivers as defined in section 14 of article XVIII of the state constitution, but is not a primary caregiver.

12-43.3-202. Powers and duties of state licensing authority.

(c) Nothing in this article shall be construed to limit a law enforcement agency's ability to investigate unlawful activity in relation to a medical marijuana center, optional premises cultivation operation, or medical marijuana-infused products manufacturer. A law enforcement agency shall have the authority to run a Colorado crime information center criminal history record check of a primary caregiver, licensee, or employee of a licensee during an investigation of unlawful activity related to medical marijuana.

12-43.3-307. Persons prohibited as licensees – repeal. (1) A license provided by this article shall not be issued to or held by:

(k) A person whose authority to be a primary caregiver as defined in section 25-1.5-106 (2), C.R.S., has been revoked by the state health agency;

12-43.3-402. Medical marijuana center license.

  1. Every person selling medical marijuana as provided for in this article shall sell only medical marijuana grown in its medical marijuana optional premises licensed pursuant to this article. In addition to medical marijuana, a medical marijuana center may sell no more than six immature plants to a patient; except that a medical marijuana center may sell more than six immature plants, but may not exceed half the recommended plant count, to a patient who has been recommended an expanded plant count by his or her recommending physician. A medical marijuana center may sell immature plants to a primary caregiver, another medical marijuana center, or a medical marijuana-infused product manufacturer pursuant to rules promulgated by the state licensing authority. The provisions of this subsection (3) shall not apply to medical marijuana-infused products.


 

@CDPHE

update: 12/6/2011

http://www.cdphe.state.co.us/hs/medicalmarijuana/caregivers.html

Care-givers

The Department is working to implement the provisions of H.B. 10-1284. That law contains a provision that limits a primary-caregiver to caring for no more than five patients unless exceptional circumstances exist. The Department plans to draft rules which will establish the criteria for "exceptional circumstances". Any proposed rules will first be taken to the Medical Marijuana Advisory Committee, which is currently being created, for review and comment. A formal rule-making hearing before the state Board of Health is necessary to adopt such a standard. Until such time as the Board has adopted rules that establish the criteria for exceptional circumstances, it is the responsibility of the patient and his or her current primary care-giver to determine whether that primary care-giver will continue providing services to the patient.

 

What if I move or my caregiver moves? What if I want to change my caregiver?

When there has been a change in the name, address, physician, or primary caregiver of a patient who has qualified for a registry identification card, that patient must notify the registry of any such change within ten days. A patient who has not designated a primary caregiver at the time of application may do so in writing at any time during the effective period of the registry identification card, and the primary caregiver may act in this capacity after such designation.

 

Common Mistakes

 

  1. Include a legible photocopy of your care-giver’s Colorado driver’s license or ID (if you are naming a care-giver).

 

  1. Use BLUE ink when completing the Change of Address or Care-giver form.

     

  1. The Change of Address or Care-giver Form must be sent within ten days of the event.

     

  1. The care-giver can not be the notary.

  1. Forms must be submitted by the patient, not the care-giver or dispensary.

 

 

  1. The application packet must include:

 

a. The application form

b. Physician’s Certification

c. Copy of patient’s and care-giver’s ID’s

d. Payment of $90 fee.

 

(as of July 31, 2011)

Twenty-six percent of patients have designated an individual as a primary care-giver (someone who has significant responsibility for managing the care of a patient with a debilitating medical condition).

 

 

DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

5 CCR 1006-2 - MEDICAL USE OF MARIJUANA

 

Last amended 06/15/11, effective 07/30/11

 

  1. No person shall be permitted to gain access to any information about patients in this registry, or any information otherwise maintained in the registry by the department about physicians and primary care-givers of patients in the registry, except for authorized employees of the department in the course of their official duties and authorized employees of state and local law enforcement agencies which have stopped or arrested a person who claims to be engaged in the medical use of marijuana and in possession of a registry identification card issued pursuant to regulations two and three, or the functional equivalent of the registry identification card.

 

b. Authorized department employees may respond to an inquiry from state or local law enforcement regarding the registry status of a patient or primary care-giver by confirming that the person is or is not registered. The information released to state and local law enforcement must be the minimum necessary to confirm registry status.

 

  1. Authorized state and local law enforcement employees shall validate their inquiry of a patient or primary care-giver by producing the registry identification card number of a patient, or name, date of birth, and last four digits of the individual’s social security number of the individual under inquiry if the person does not have a registry identification card.

  1. Authorized department employees may confirm a waiver for homebound or minor patients’ transportation of medical marijuana from a medical marijuana center or a waiver for a primary care-giver serving more than five patients, upon state or local law enforcement inquiry. The minimum necessary information shall be communicated to confirm or deny a waiver.

 

  1. Primary care-givers and potential primary care-givers may authorize the inclusion of their contact information in the voluntary caregiver registry maintained by the department to allow authorized department staff to release their contact information to new registry patients only in accordance with Regulation 9(c) below.

 

  1. "Primary care-giver" means a person other than the patient and the patient’s physician, who is eighteen years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition. A person shall be listed as a primary care-giver for no more than five patients in the medical marijuana program registry at any given time unless a waiver has been granted for exceptional circumstances, as per Regulation Ten below.

  1. "Significant responsibility for managing the well-being of a patient" means, in addition to the ability to provide medical marijuana, regularly assisting a patient with activities of daily living, including but not limited to transportation or housekeeping or meal preparation or shopping or making any necessary arrangement for access to medical care or other services unrelated to medical marijuana. The act of supplying medical marijuana or marijuana paraphernalia, by itself, is insufficient to constitute "significant responsibility for managing the well-being of a patient."

 

B. In order to be placed in the registry and to receive a registry identification card, an adult applicant must reside in Colorado and complete an application form supplied by the department, and have such application notarized and signed and include the fee payment. The adult applicant must provide the following information with the application:

 

  1. The name and address of the applicant’s primary care-giver or medical marijuana center, if either one is designated at the time of application. Only a homebound or minor patient may have both a primary care-giver and a medical marijuana center designated;

  1. A statement from the physician if the patient is homebound, if applicable;

 

  1. A copy of a secure and verifiable identity document, in compliance with the Secure and Verifiable Document Act, C.R.S. §24-72.1-101 et seq. , for the patient and primary care-giver, if any is designated.

C. In order for a minor applicant to be placed in the registry and to receive a registry identification card, the minor applicant must reside in Colorado and a parent residing in Colorado must consent in writing to serve as the minor applicant’s primary care-giver. Such parent must complete an application form supplied by the department, and have such application notarized, signed and include fee payment.

 

D. To maintain an effective registry identification card, a patient must annually resubmit to the department, at least thirty days prior to the expiration date, but no sooner than sixty days prior to the expiration date, updated written documentation of the information required in paragraphs B and C of this regulation. In addition, the patient must provide the name and address of the primary care-giver, or the name and address of a medical marijuana center, if either is designated at such time.

E. A patient may change his or her primary care-giver or medical marijuana center no more than once per month. A patient may change his or her primary care-giver or medical marijuana center by submitting such information on the form and in the manner as directed by the department within ten days of the change occurring.

 

B. No more than five days after verifying medical information of the applicant, the department shall issue a serially numbered registry identification card to the patient. The card shall state the following:

....

  1. The name and address of the patient’s primary care-giver, if any is designated at the time of application;

  1. How to notify the department of any change in name, address, medical status, physician, or primary care-giver.

 

A. When there has been a change in the name, address, physician or primary care-giver of a patient who has been issued a registry identification card, that patient must notify the department within ten days by submitting a completed and notarized Change of Address or Care-giver form as prescribed by the Department. A patient who has not designated a primary care-giver at the time of application to the department may do so in writing at any time during the effective period of the registry identification card, and the primary care-giver may act in this capacity after such designation. The Department shall not issue a new registry identification card to the patient on the sole basis of a new or change of primary care-giver.

 

C. Reasonable cause for department sanctions concerning physicians. For reasonable cause, the department may sanction a physician who certifies a debilitating medical condition for an applicant to the medical marijuana registry for violations of paragraph A.4 of this rule. Reasonable cause shall include, but not be limited to:

  1. The physician is housed onsite and/or conducts patient evaluations for purposes of the medical marijuana program at a location where medical marijuana is sold or distributed, such as a medical marijuana center, optional grow site, medically infused products manufacturer, by a primary care-giver, or other distributor of medical marijuana.

  1. A physician who holds an economic interest in an entity that provides or distributes medical marijuana, such as a medical marijuana center, an infused products manufacturer, an optional grow site, a primary care-giver, or other distributor of medical marijuana.

  1. The physician accepts, offers or solicits any form of pecuniary remuneration from or to a primary care-giver, medical marijuana center, optional grow site, medically infused product manufacturer, or any other distributor of medical marijuana.

  1. The physician offers a discount or any other thing of value, including but not limited to a coupon for reduced-price medical marijuana or a reduced fee for physician services, to a patient who agrees to use a particular medical marijuana center, primary care-giver, or other distributor of medical marijuana.

 

Regulation 9: Primary care-giver-patient relationship and primary care-giver rules

 

A. A patient who designates a primary care-giver for him or herself cannot also be a primary care-giver to another patient.

 

B. A person shall be listed as a primary care-giver for no more than five patients in the medical marijuana registry at any given time unless a waiver as set forth in Regulation Ten has been granted for exceptional circumstances.

 

C. An existing primary care-giver may indicate to the department at the time of registration on a form to be developed by the department if the primary care-giver is available to serve more patients.An individual who is not a registered primary care-giver, but who would like to become one may submit contact information to the registry. The primary care-giver or prospective primary care-giver shall waive confidentiality to allow release of contact information to physicians or registered patients only. The department may provide the information but shall not endorse or vouch for any primary care-giver or prospective primary care-giver.

D. A primary care-giver if asked by law enforcement shall provide a list of registry identification numbers for each patient. If a waiver has been granted for the primary care-giver to serve more than five patients, this will be noted on the department record of primary care-givers and will be available for verification to law enforcement upon inquiry to the department.

E. A primary care-giver shall have his/her primary registration card available on his/her person at all times when in possession of marijuana and produce it at the request of law enforcement. The only exception to this shall be when it has been more than thirty-five days since the date the patient filed his or her medical marijuana application and the department has not yet issued or denied a registry identification card. A copy of the patient’s application along with proof of the date of submission shall be in the primary care-giver’s possession at all times that the primary care-giver is in possession of marijuana. The primary care-giver may redact all confidential patient information from the application other than the patient’s name and date of birth.

 

F. A patient may only have one primary care-giver at a time. If a patient does not require care-giver services other than the provision of medical marijuana, then the patient shall not designate a primary care-giver.

 

G. A designated primary care-giver shall not delegate the responsibility of provision of medical marijuana for a patient to another person.

 

H. A primary care-giver shall not join together with another primary care-giver for the purpose of growing marijuana. Any marijuana grows by a care-giver shall be physically separate from grows by other primary care-givers and licensed growers or medical marijuana centers, and a primary care-giver shall not grow marijuana for another primary care-giver. If two or more care-givers reside in the same household and each grows marijuana for their registered patients, the marijuana grows must be maintained in such a way that the plants and/or ounces grown and or maintained by each primary care-giver are separately identified from any other primary care-givers plants and/or ounces.

 

I. A primary care-giver shall not establish a business to permit patients to congregate and smoke or otherwise consume medical marijuana.

J. A primary care-giver shall not:

 

  1. Engage in the medical use of marijuana in a way that endangers the health and well-being of a person;

  1. Engage in the medical use of marijuana in plain view of or in a placeopen to the general public;

 

 

  1. Undertake any task while under the influence of medical marijuana, when doing so would constitute negligence or professional malpractice;

  1. Possess medical marijuana or otherwise engage in the use of medical marijuana in or on the grounds of a school or in a school bus;

  1. Engage in the use of medical marijuana while:

a. In a correctional facility or a community corrections facility;

 

b. Subject to a sentence to incarceration; or

 

c. In a vehicle, aircraft, or motorboat;

  1. Operate, navigate, or be in actual physical control of any vehicle, aircraft, or motorboat while under the influence of medical marijuana; or

  1. Provide medical marijuana if the patient does not have a debilitating medical condition as diagnosed by the person's physician in the course of a bona fide physician-patient relationship and for which the physician has recommended the use of medical marijuana.

K. A primary care-giver may charge a patient no more than the cost of cultivating or purchasing the medical marijuana, and may also charge for care-giver services. Such care-giver charges shall be appropriate for the care-giver services rendered and reflect market rates for similar care-giver services and not costs associated with procuring the marijuana.

 

L. A primary care-giver shall have significant responsibility for managing the well-being of a patient with a debilitating condition. The relationship between a primary care-giver and patient is to be a significant relationship that is more than provision of medical marijuana or medical marijuana paraphernalia. Services beyond the provision of medical marijuana that may be provided by the primary care-giver include, but shall not be limited to, transportation or housekeeping or meal preparation or shopping or making arrangements for access to medical care or other services unrelated to medical marijuana. If patients do not require care-giver service other than the provision of medical marijuana, then the patients shall not designate a primary care-giver.

Regulation 10: Waiver for primary care-givers to serve more than five patients

 

A. In exceptional circumstances, a waiver may be granted by the department for the purpose of allowing a primary care-giver to serve more than five patients. A separate waiver application will be required by each patient seeking to use a primary care-giver who is already at the five patient

limit. If the department does not act upon the waiver application within 35 days, the waiver shall be deemed approved until acted upon by the department.

 

B. Waiver applications shall be submitted to the department on the form and in the manner required by the department.

 

C. The patient and primary care-giver shall provide the department such information and documentation as the department may require validating the conditions under which the waiver is being sought.

D. In acting on the waiver application, the department shall consider at a minimum all of the following:

1. The information submitted by the patient applicant;

2. The information submitted by the primary care-giver;

3. The proximity of medical marijuana centers to the patient;

4. Whether granting the waiver would either benefit or adversely affect the health, safety or welfare of the patient; and

  1. What services beyond providing medical marijuana the patient applicant needs from the proposed primary care-giver.

E. The department may specify terms and conditions under which any waiver is granted, and which terms and conditions must be met in order for the waiver to remain in effect.

F. The term for the waiver shall be one year unless the care-giver reduces the number of patients he or she serves during that year to five or fewer, at which time the waiver shall expire. The care-giver shall notify the department in writing when he or she no longer provides care-giver services to a patient.

 

G. At any time, upon reasonable cause, the department may review any existing waiver to ensure that the terms and conditions of the waiver are being observed and or that the continued existence of the waiver is appropriate.

 

H. The department may revoke a waiver if it determines that any one of the following is met:

 

  1. The waiver jeopardizes the health, safety and welfare of patients;

  1. The patient applicant or care-giver has provided false or misleading information in the application;

  1. The patient applicant or care-giver has failed to comply with the terms or conditions of the waiver;

  1. The conditions under which a waiver was granted no longer exist or have materially changed; or

  1. A change in state law or regulation prohibits or is inconsistent with the continuation of the waiver.

 

I. The department will provide notice of the revocation of the waiver to the registered patient and the care-giver at the time the waiver is revoked.

 

J. Appeals. If the department proposes to deny, condition, revoke or suspend a waiver for a primary care-giver to serve more than five patients, the department shall provide the patient with notice of the grounds for the action and shall inform the patient of the patient’s right to request a hearing.

 

  1. A request for hearing shall be submitted to the department in writing within thirty (30) calendar days from the date of the postmark on the notice.

  1. If a hearing is requested, the patient shall file an answer within thirty (30) calendar days from the date of the postmark on the notice.

  1. If a request for a hearing is made, the hearing shall be conducted in accordance with the state Administrative Procedures Act, § 24-4-101 et seq. , C.R.S.

  1. If the patient does not request a hearing in writing within thirty (30) calendar days from the date of the notice, the patient is deemed to have waived the opportunity for a hearing.

 

Regulation 11: Waiver for primary care-givers to deliver medical marijuana products from a medical marijuana center.

 

A. If the physician recommending the marijuana checks on the recommending form that the patient is homebound, a waiver will be granted allowing a designated primary care-giver to transport marijuana from a medical marijuana center to the patient.

 

B. The term for the waiver shall be the same as the effective dates of the patient’s registry identification card.

 

C. At any time, upon reasonable cause, the department may review any existing waiver to ensure that the terms and conditions of the waiver are being observed and or that the continued existence of the waiver is appropriate.

D. The department may revoke a waiver if it determines that any of the following are met:

  1. The waiver jeopardizes the health, safety and welfare of patients;

  1. The patient applicant has provided false or misleading information in the application;

  1. The patient applicant has failed to comply with the terms or conditions of the waiver;

  1. The conditions under which a waiver was granted no longer exist or have materially changed; or

  1. A change in state law or regulation prohibits or is inconsistent with the continuation of the waiver.

E. Primary care-givers for minors shall have a waiver for transportation automatically granted as part of a successful application process if the patient application indicates that the minor’s primary care-giver will be purchasing medical marijuana from a medical marijuana center. The term of the waiver will coincide with the term of the registry identification card.

 

F. The department will provide notice of the revocation of the waiver to the patient and the primary care-giver at the time the waiver is revoked.

 

G. Appeals. If the department proposes to deny, condition, revoke or suspend a waiver for a primary care-giver to deliver medical marijuana products to a homebound patient, the department shall

provide the patient with notice of the grounds for the action and shall inform the patient of the patient’s right to request a hearing.

 

  1. A request for hearing shall be submitted to the department in writing within thirty (30) calendar days from the date of the postmark on the notice.

  1. If a hearing is requested, the patient shall file an answer within thirty (30) calendar days from the date of the postmark on the notice.

  1. If a request for a hearing is made, the hearing shall be conducted in accordance with the state Administrative Procedures Act, § 24-4-101 et seq. , C.R.S.

  1. If the patient does not request a hearing in writing within thirty (30) calendar days from the date of the notice, the patient is deemed to have waived the opportunity for a hearing.

 

Regulation 12: Patient Responsibilities.

 

A. Patient shall make a copy of his/her application along with proof of the date of submission available to his/her designated primary care-giver when it has been more than thirty-five days since the date the patient filed his or her medical marijuana application and the department has neither issued a registry identification card nor denied the application. A copy of the patient’s application shall be in the primary care-giver’s possession at all times that the primary care-giver is in possession of marijuana. The patient may obscure or redact the mailing address and social security number on the copy of the application given to the primary care-giver.

 

B. When a patient changes his or her primary care-giver or medical marijuana center, the patient shall submit notice of the change on the form and in the manner as directed by the department.

 

DORA rules

 

A. Licensees shall refuse to sell medical marijuana to any patient or caregiver

permitted to deliver medical marijuana to homebound patients as permitted

by section 25-1.5-106(7)(d), C.R.S., unable to produce a valid patient registry

card and adequate, currently valid proof of identification.

 

B. Upon entry into a licensed facility by a patient or caregiver, the licensee shall

physically view and inspect the patient or caregiver’s registry card and proof

of identification to confirm the information contained on the documents and

also to judge the authenticity of the documents presented.

 

Upcoming Registrations - Not Yet Available

Caregiver $20.00

These services are not yet available and no fee is currently in effect

 

 

See also: People v. Clendenin

http://www.cobar.org/opinions/opinion.cfm?opinionid=7372&courtid=1

 

See also: AG Suthers' opinion re: sales taxability

http://www.coloradoattorneygeneral.gov/sites/default/files/ag_opinions/2009/.pdf_3