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??? California Cultivation Law Confusion ???

Meds4Me

New member
Hello All,

I have a question regarding MMJ in California regarding plant count.

The Law:

California, local, and federal laws on medical marijuana
California

Medical use of marijuana/cannibis has been legal since Proposition 215, the “Compassionate Use Act,” passed in 1996 (Cal. Health & Safety (H&S) § 11362.5). In 2003, Senate Bill 420 (Cal. H&S § 11362.7 et. seq.) created a system of optional medical marijuana ID cards (Cal. H&S 11362.71), and established certain quantities of plants and dried marijuana as presumptively legal (these “safe harbor” amounts are 6 mature or 12 immature plants and 8 ounces of dried cannabis). Finally, it established guidelines for collective and cooperative cultivation (dispensaries) (Cal. H&S § 11362.768), and confirmed the rights of local governments to regulate such businesses.


OK, ...

1). Is it against the law to have mature and immature plants in on the same property?

2). If not, ... how does the ratio split, ... Does every immature plant as half a plant?

3). If you can keep mature and immature plant together would (4) mature and (4) immature plants be considered illegal?

Inquiring minds want to know, ... :biggrin:

Regards
 

420somewhere

Hi ho here we go
Veteran
Do you live in Kern County or San Berdo

Do you live in Kern County or San Berdo

I would say enforcement in those areas would be nasty.

I would keep it to 12 plants, so 4 and 4 would be just fine.

Good Luck
 

Meds4Me

New member
Oh I do want to stay 100 % legal that's why I'm asking, ... but what is legal? Seems intentional confusion was set up in this area.
 

St. Phatty

Active member
One option is to 'ask the old-timers'.

I had a local old-timer, who manages a legal grow and also works at the hardware store, tell me he thought that the plant limits were -
in practice, his opinion - higher than the legal limit.


I think it depends a lot on the local country-side (forest vs. desert, plants are harder to see in a forest) and the local cops, e.g. Mendo vs. Kern county.


I think this year (2017) we will have Big Bumper Crops of Cannabis EVERYWHERE.

e.g. legal states increasing their production from 5x local consumption (i.e. only 20% of the crop is consumed in the state) to 15x to 25x local consumption.

HOWEVER - look at what's happening to export markets.

Who is Cali going to export to - Oregon ? Who is Oregon going to export to - Washington state ?


I think everyone having lots of plants because they want to make money ... well, it might produce sort of a 'curve ball' this year.

From talking to local hardware & grow store managers ... Momma Mia they're selling a lot of supplies.
 

Meds4Me

New member
Myself, I'm growing for medical reasons and am growing indoors in 2 tents, one veg and one flower. I just want to stay in legal limits if only I knew what they were.

It's the "OR" in the law that opens the door up to confusion. To me you cannot have an "OR" for the simplest of reasons, ... what if your crop somehow failed, you would have no backup plants, nothing waiting in the wings so you have to start from DAY 1. For someone who medically needs it, ... that unacceptable.
 

Crusader Rabbit

Active member
Veteran
It's all rather nebulous. Each situation is different and you really wouldn't get an exact answer about being "legal". You could ask the sheriffs to take a look at your grow and say whether they'll arrest you or not. But they'd probably get pissed and tell you that you're wasting their time. And if they did arrest you the judge would get pissed at them for wasting his time. What you have going is too small to be of interest to them.
 

St. Phatty

Active member
It's all rather nebulous. Each situation is different and you really wouldn't get an exact answer about being "legal". You could ask the sheriffs to take a look at your grow and say whether they'll arrest you or not.

Actually, I think opening a line to Local LEO is a real good idea.

(something to talk with an attorney if you have one)

Having a letter or letters that documents your attempt to comply with state laws - that's a good thing to have. YOU TRIED. (Referring to correspondence with local LEO asking for and maybe getting some guidance.)

In the law, intent is still important. If you tried to keep it copacetic, and have paper-work to that effect - that's good.
 

420somewhere

Hi ho here we go
Veteran
Med Rec Holder

Med Rec Holder

Oh I do want to stay 100 % legal that's why I'm asking, ... but what is legal? Seems intentional confusion was set up in this area.

12 plants for Med Rec Holder - total of veg & flower

Ask you local poopoo or go to normal.org :party: they should have your answer
 

Meds4Me

New member
Actually, I think opening a line to Local LEO is a real good idea.

(something to talk with an attorney if you have one)

Having a letter or letters that documents your attempt to comply with state laws - that's a good thing to have. YOU TRIED. (Referring to correspondence with local LEO asking for and maybe getting some guidance.)

In the law, intent is still important. If you tried to keep it cop-acetic, and have paper-work to that effect - that's good.

Hi St. Phatty,

LEO, ... Not going to happen

I tried that when I bought a boat 8 years ago. I had the city come out and give me an OK to place a boat in front of my house (no back yard), ... they said yes, ... less than a year later, ... tickets, letters and harassment to the point I had to get rid of it at a great $$$ loss.

And that wasn't anything as controversial as this. I'd hate to place false hopes in my local government with this considering the FEDS are still corrupt on the subject and they cannot keep their word on an issue as simple as a boat.
 

Meds4Me

New member
12 plants for Med Rec Holder - total of veg & flower

Ask you local poopoo or go to normal.org :party: they should have your answer

Hi 420,

Your normal.org link takes me to the state of Ill. and I'm in Cal. As far as the Poopoo, ... look at my previous experience with the Local Gov.

I'd like to actually see the laws in print so if an issue arises, I can wave the statue in front of his face and say, ... Here you go Dick Tracy!
 

Crusader Rabbit

Active member
Veteran
OK, I gave you a lousy answer earlier. Here's the best I could find;


84.34.040 Exemption for Cultivation by Specified Persons.

Notwithstanding § 84.34.030, the prohibition concerning commercial cannabis activity does not apply to a person with an identification card cultivating cannabis for his or her personal medical use or to a primary caregiver cultivating cannabis for the personal medical use of no more than five specified persons with identification cards, subject to the following requirements:

(a) The cannabis is not sold, distributed, donated, or provided to any other person or entity.

(b) A primary caregiver may only receive compensation in full compliance with Health and Safety Code § 11362.765, subdivision (c).

(c) Cultivation may only be conducted indoors at the private residence of the person with an identification card or the primary caregiver of the person with an identification card.

(d) Cultivation shall be limited to no more than:

(1) Twelve cannabis plants per person with an identification card or primary caregiver per private residence; and,

(2) An aggregate total of 24 cannabis plants per private residence when more than one person with an identification card or primary caregiver lives at the private residence.


http://cannabusinesslaw.com/california-cannabis-laws-by-county/san-bernardino-county/
http://www.canorml.org/medical-marijuana/local-growing-limits-in-California

http://www.canorml.org/news/A_SUMMARY_OF_THE_MEDICAL_MARIJUANA_REGULATION_AND_SAFETY_ACT

http://cannabusinesslaw.com/california-cannabis-laws-by-county/
 

packerfan79

Active member
Veteran
The new regulations from Jerry Brown states you can have up to 100 sq ft. You can caregiver for up to 4 patients , a total of 500 sq. Ft. Plant counts were tossed out on the Kelly decision. 215 had no plant limits. And was a voter initiative, so an sb420 is null, because it changed a voter initiative without putting it to the voters.
For some reason this hasn't gotten out there yet.
 

theJointedOne

Active member
Veteran
One option is to 'ask the old-timers'.

I had a local old-timer, who manages a legal grow and also works at the hardware store, tell me he thought that the plant limits were -
in practice, his opinion - higher than the legal limit.


I think it depends a lot on the local country-side (forest vs. desert, plants are harder to see in a forest) and the local cops, e.g. Mendo vs. Kern county.


I think this year (2017) we will have Big Bumper Crops of Cannabis EVERYWHERE.

e.g. legal states increasing their production from 5x local consumption (i.e. only 20% of the crop is consumed in the state) to 15x to 25x local consumption.

HOWEVER - look at what's happening to export markets.

Who is Cali going to export to - Oregon ? Who is Oregon going to export to - Washington state ?


I think everyone having lots of plants because they want to make money ... well, it might produce sort of a 'curve ball' this year.

From talking to local hardware & grow store managers ... Momma Mia they're selling a lot of supplies.

I agree. But the demand is there it seems..i think it will be steady

Hi St. Phatty,

LEO, ... Not going to happen

I tried that when I bought a boat 8 years ago. I had the city come out and give me an OK to place a boat in front of my house (no back yard), ... they said yes, ... less than a year later, ... tickets, letters and harassment to the point I had to get rid of it at a great $$$ loss.

And that wasn't anything as controversial as this. I'd hate to place false hopes in my local government with this considering the FEDS are still corrupt on the subject and they cannot keep their word on an issue as simple as a boat.

Sounds like you dont like to press the issue, however with growing, it really is a low key issue unless you make it otherwise. You control who sees it except from the air, and unless your growing over a certain ammount that your local LEO see's as average in the community, then they are just gonna pass you. For example here in norcal, you keep it under 99 and you really dont get bothered ever from choppers. Usually. So if 12 is average in your area then go with 12. No backyard though?

The new regulations from Jerry Brown states you can have up to 100 sq ft. You can caregiver for up to 4 patients , a total of 500 sq. Ft. Plant counts were tossed out on the Kelly decision. 215 had no plant limits. And was a voter initiative, so an sb420 is null, because it changed a voter initiative without putting it to the voters.
For some reason this hasn't gotten out there yet.


This is the truth
 

420somewhere

Hi ho here we go
Veteran
Sorry

Sorry

Hi 420,

Your normal.org link takes me to the state of Ill. and I'm in Cal. As far as the Poopoo, ... look at my previous experience with the Local Gov.

I'd like to actually see the laws in print so if an issue arises, I can wave the statue in front of his face and say, ... Here you go Dick Tracy!

http://www.canorml.org

Enforcement in San Berdo may not go for 99 plants :smoke out: go for it if you are up to it
 

packerfan79

Active member
Veteran
Growers Medical from doctor recommendations go up to 99 plants.:biggrin:

Most reputable Dr. Won't do an expanded growers rec. Because of the Kelly decision. I got sucked into this when I first started, I always ended up going over 12 my first crop was 12 plants then 24 on and on. I had 350 plants recently, 150 were clones. The expanded rec is a shame to separate you from your money .

What we need to watch for is the language in,prop64 that allows for regulation of medical cannabis
 

Meds4Me

New member
Hey Folks,

Thanks for all your replies! :thank you:

Digging in a little deeper has produced nothing concrete as far as what the hell 6 mature OR 12 immature means. On the other hand, ... it appears one can grow more and hold more if I get a California Issues MMJ card license which is completely different from a recommendation. The California MMJ issue card is good for one year, cost $100. or $50 if your on Medi-Cal ALL NON-REFUNDABLE.

They are issued from the county you live in. For me in San Bernardino County, I would have to go to the public health building about 40 miles away. I first have to get some stuff from my Dr. and make an appointment on any Wednesday and I guess that's it other than waiting for the card to arrive in the mail.

Myself, I don't want to grow to make money, ... did that in the 70's, ... wasn't much fun then and I'm sure that hasn't changed. I just want to stop taking Big-Pharma products and grow my own med's so I know it's clean, feed only clean water growing in Kind Soils "Hot Soil. I would be happy legally growing 6 mature and 12 immature plants. 3 tent grow with a little security backup just in case something crashes.

I have a Dr. appointment on the 25th, ... I'll bring it up to my Orthopedic surgeon and ask him what his thoughts are on the card, not sure if he knows, ... he's not the Dr, that gave me my MMJ recommendation and MMJ has never been come up, ... YET!

Regards
 

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