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Lawsuit Filed Over Denver’s New Plant Limit Rule


marijuana cannabis garden lighting lightsGrowing marijuana is not easy. Anyone who has tried it can tell you that. People that haven’t grown marijuana always throw out lines like ‘it is just a weed, just put it in dirt and it will grow.’ Will it technically grow? Sure. But will it grow well? Only if you give it quality food, quality light, quality air, a lot of love, and protect it from bugs, heat, and disease. And even then nothing is guaranteed. It takes a true green thumb to grow quality marijuana.

So if someone is a medical marijuana patient, and they don’t have the skills or resources to grow marijuana, then it makes sense for them to designate someone else to do it for them. An expert. Unfortunately that is a concept that the Denver City Council doesn’t all the way grasp, as they voted to limit the amount of plants a caretaker can grow for other patients to just 36. The plant limit is an attempt to disrupt unlicensed medical marijuana gardens within city limits. The new rule has resulted in a lawsuit being filed. Per The Cannabist:

A lawsuit filed Wednesday takes aim at a fresh Denver ordinance that could shut down dozens of unlicensed nonresidential marijuana-growing collectives by limiting them to growing 36 plants.

The Denver City Council passed the measure 11-0 Monday night. It was proposed by Mayor Michael Hancock’s marijuana office, which says it’s attempting to address unsafe conditions in the unlicensed growing facilities and an “exponential increase” in the cultivation of untracked marijuana.

Hancock signed the bill into law on Tuesday.

But the new limit — which doesn’t apply to licensed commercial grow houses — has drawn protests, in part because of the potential impact on caregivers who grow a large number of plants.

To me, this isn’t an attempt as much to curb unlicensed grows, as much as it is an attempt to strong arm growers into paying for licenses. Not everyone wants to make a business out of their garden. There are truly people out there that just love to grow marijuana, and are really good at it, and they use their skills to help suffering patients. What’s wrong with that? Why should they be forced to buy a license to keep doing what they have been doing for quite some time? This new rule hurts patients, who will be forced to either go to the black market, or pay high prices at dispensaries and stores, or even worse, go without their medicine altogether.


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Johnny Green


  1. lizette Villarreal on

    OK kinda confused. So tell me if I’m wrong. I can grow 6 plants for myself and my husband can grow 6 for himself and if we each have 5 patients that would be 10 patients total. So combined we can grow 72 plants total including patients and our own. Right?

  2. You are so clueless, You should be on facebook updating your status as a ignorant child that understands nothing
    about people suffering with chronic pain and disease. Share that with all your fake friends on social media. Educate yourself about the role caregiving growers provide for those too sick to do it for themselves. Compassion!

  3. Too much black market weed? Then it is obvious that there are too many taxes and regulations.

    Every tax, every regulation comes with it an army of bureaucrats and behind that an army (with guns) of enforcers.

    He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

    No more taxed or regulated than tomatoes.

  4. Well the tax and regulate crowd got their wish.

    Every tax, every regulation comes with it an army of bureaucrats and behind that an army (with guns) of enforcers.

    He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

    No more taxed or regulated than tomatoes.

  5. How about the folks that cannot physically grow for themselves and don’t have the money to afford the HIGHLY inflated prices at a pot shop? Believe it or not, not everyone that grows for someone else is a ripoff artist.

  6. All the rules are almost as confusing and gray market as our current health care system aren’t they?

  7. Makes sense but it also looks crappy because if the patient can only possess 2.5 ounces, what guarantee is there that when the patient is ready for their next amount that it hasn’t been sold to someone else? Because any decent grower can pull 2.5 ounces easily off one plant and if the patient can grant the caregiver 12 plants, then it seems like easy money for the caregiver without much guarantee for the patient. Now can patients revoke their plant counts to the caregiver and what’s to stop the caregiver from continuing to grow it?

    And if the patient designates a caregiver, does the patient forfeit their right to grow at home as well?

  8. It seems to me the MORE local unregistered caregiver growers you have the LESS dangerous criminal cartel/gang type black market you have. We should not turn our backs on the “black market” and declare they are all criminals. After all the caregivers were not part of the black market until this ordinance was passed. Even the true black market has widely different players from local friends to outright Mexican cartel or street gangs. It has to be determined on a case by case basis not a blanket approach. Hitting a fly with a hammer would be my summation.

  9. The laws differ by state. In Michigan the excess can be sold to other patients but not for more than what it costs to produce. No patient may posses more than 2 1/2 oz and 12 plants, this varies by state also.

  10. All this does is limit the number of patients a caretaker may grow for. If Denver is still experiencing quite a bit of black market marijuana popping up on the streets, they need to do something right? As a state with legal recreational marijuana, don’t you want to ensure the legal private sector has a leg up on the criminal sector?
    As someone else has stated here, there are ample times where medicinal caretakers grow far more than medicine than a patient needs: often times that excess gets sold to the under ground [untaxed cash sales are a lot nicer than sales to a dispensary that are regulated and taxed]. It only makes sense for the city to try and combat the black market in some respect.

  11. Maybe I do not understand how the MMJ market works but if a patient designates someone to grow weed, then basically that person is giving their rights to grow said number of plants to that person. I assume the idea is that the weed grown from this patient’s allotment is supposed to be for that patient and that patient only, correct? What is to stop a caregiver from growing the allotted number of plants and selling whatever the patient does not purchase to other patients? And if so, shouldn’t that theoretically drive down the cost for the original patient since its their allowed plant counts that someone else is making money off of? Or are caregivers completely forbidden to make any sales at all unless they are a licensed dispensary?

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