PEOPLE v. KELLY Opinion to be announced on Jan 21st
- Thread starter Ocean Grown
- Start date
SB 420 (Section 11362.77) is still valid .
to be immune from arrest just sign up and keep your plant limits to
12 immature OR 6 mature plant and 8 oz dried..
or don't sign up for SB420 id card and if arrested fight it out in court with
the Reasonable limits under P215
to be immune from arrest just sign up and keep your plant limits to
12 immature OR 6 mature plant and 8 oz dried..
or don't sign up for SB420 id card and if arrested fight it out in court with
the Reasonable limits under P215
It means if you have 6 mature or 12 immature plants don't worry about much, local police/sheriff are gonna ignore you.
but if you have more plants than which is "okay" you should still watch out for the feds, which can be tipped off by the local police/sheriff/neighbors
so don't go revealing your hobby/trade/profession to the world just yet
doh, mooch beat me to it...
also, 6-12 is now considered normal, not "abuse."
DEA is concerned about abuse of drugs.
FBI is concerned about $$$ and violent criminal organizations.
Don't beat no one up over weed.
but if you have more plants than which is "okay" you should still watch out for the feds, which can be tipped off by the local police/sheriff/neighbors
so don't go revealing your hobby/trade/profession to the world just yet
doh, mooch beat me to it...
also, 6-12 is now considered normal, not "abuse."
DEA is concerned about abuse of drugs.
FBI is concerned about $$$ and violent criminal organizations.
Don't beat no one up over weed.
yea, im pretty sure if you are property owner or if you appear to have extravagant goods for your income, that stuff will be seized as part of the investigation.
im pretty sure its still illegal to "profit" from marijuana distribution. I understand you can be reimbursed for time, energy, expenses, but not profit.
if they really want to set you off they can take the property. CA courts can't do much to Feds
doubt feds are gonna do much if you got 13 seedlings vegging, but you can bet your ass they will give you a good run for your money if you got 113 of them lil ladies
im pretty sure its still illegal to "profit" from marijuana distribution. I understand you can be reimbursed for time, energy, expenses, but not profit.
if they really want to set you off they can take the property. CA courts can't do much to Feds
doubt feds are gonna do much if you got 13 seedlings vegging, but you can bet your ass they will give you a good run for your money if you got 113 of them lil ladies
Technically, ANY number you can watch out for the Feds.
Practically speaking, you go more than 6/12 they can still bust you and fight it out later. Maybe you are right and win - then again, maybe not.
Just as there are no guarantees you are in the clear, there are no guarantees that you are not, either.
It's a helpful decision, but it's not the be all and end all. If you push your grow beyond all reason, they'll nail you for it. If you push it beyond 6/12, they may choose to nail you for it anyways and let the court decide. You'll be paying lawyers and have your plants and stash seized in the interim. Then there is bail and bail conditions to deal with too. Not a happy situation to be placed in.
What is beyond all reason varies from patient to patient. It is situational, to be sure.
In any event, there is no "opting in" to the limits by applying for a card. That argument was rejected. Accordingly, a card is wise to obtain. It only benefits you by providing you with protection against arrest. Meanwhile, the card does not harm or restrict you from maintaining your CUA defense, such as it is, in all of the circumstances. That's the point to take away from this.
Remember, Kelly had the defendant busted with seven mature plants instead of six; Kelly has in possession of 12 ounces of MJ instead of 8 oz. These were pretty small "overages" and could easily have fallen within the "boundaries of reason".
If you think the Cali Supreme Court just endorsed your transporting a duffle bag full of 30 lbs of weed and 300 plants in your grow op -- all for your "personal use" - guess again.
djslife
Active member
I have a question for you Fatigues,
So I have my recommendation from one of the local Medicann M.D.'s. Doesn't the recommendation, lets say I got pulled over with a quarter oz. or walking down my street smoking a joint, keep me from having problems with officers whether they stop me or not? I thought that as long as I have my recommendation I can possess eight ounces, grow 12 immature plants or 6 mature plants, and get my meds from other MMJ patients. Help!!!
-djslife
The CUA (Prop 215) provides no protection from arrest; it simply provides a potential defense at trial.
SB420, with a card, provides protection from arrest if one falls within the plant and weight limits. That has not changed under People v. Kelly -- to the contrary, that protection was explicitly preserved.
SB420, with a card, provides protection from arrest if one falls within the plant and weight limits. That has not changed under People v. Kelly -- to the contrary, that protection was explicitly preserved.
yeah but i thought the limits were thrown out.
so the cops will decide wether you are within your limits when deciding wether or not to arrest you? since the limit is "individual needs".
seems more confusing than ever really. we were protected in courts from the limits anyways with prop 215.
J
JackTheGrower
Remember: The war is not over and we are not the ones waging it!
But now I will not be afraid for having "the momma's and pappa's" room
what 2.5 x 3 feet? and a "growing room" 4x4 feet
What a danger to society I was before!
But now I will not be afraid for having "the momma's and pappa's" room
what 2.5 x 3 feet? and a "growing room" 4x4 feet
What a danger to society I was before!
SB420 was deemed unconstitutional, so how can they preserve components of a bill that wasn't legal to pass in the first place? I think SB420 and everything it includes is null and void, and all of our regulations fall within Prop 215. If I'm wrong please explain!
Thanks
Thanks
