see: Appeals court: "Caregiver" must do more than grow pot - The Denver Post

did she not have a caregiver designation, but argued she was one b/c she sold to dispensaries?

what do you think this means?

It looks as though she did have caregivership designation for the correct amount of patients to cover her plant number. Although the court has decided that she had not fulfilled enough of the requirements to meet the definition of primary caregiver. Leaving her above the legal plant count and being found guilty.

A Boulder County District Court judge ruled that because she hadn't met with all of the individuals in question, she couldn't claim to have been their primary caregiver.

Here is another good read from Safe Access Now


It will be interesting to see what happens from here on out due to this ruling.

Feijao

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So was she basically a "wholesaler"???

she would have had to been like i said in another post this is not good at all.peeps that bitch about price now just u wait.if a shop can only sell what they grow "as in you have to know the patient and feed and wipe there asses for them".that will hurt the shops big time as they will only have so much on hand instead of being able to buy from other caregivers"growers".these peeps will soon find out what all there compassion talk is gunna get them.you think a caregiver would want to take on extra patients they don't know? how would the leo know your not going beyond the call of duty for your patients? what are there gunna be a "patient not happy hotline"? the courts are gunna use this bs "compassion"trip that these peeps are using to shove the mmj laws down our throat in the name of compassion.i see this as a first step for the atty gen to get a foot hold to do alot of dmg to our cause.he even hinted as such.

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Actually, it appears that she DID NOT have the requisite designations of caregiver to cover the number of plants (44) she was growing. She was seeking to present an affirmative defense to the charge. If she had been designated as a caregiver on a sufficient number of patient forms, prosecution of her would have been barred completely, and she never would have been in court. Also important is that subsequent to her prosecution, the Colo. Dept of Health passed a regulation that apparently DOES define caregiver at least in part, as merely providing marijuana. The Court in this case declined to give said regulation retroactive effect. The Court also did not look behind a patient's designation to see if the defendant actually met the definition, the patients to whom the defendant provided marijuana had not designated her.