I'm interested in hearing what people think about the phenomenon of "compliance checks" of medical marijuana gardens that has been common throughout this part of California.
Last year, I welcomed the Sherrif into my garden where we were 9 plants over the limit in our black box and in compliance with SB420(18 plants for 3 scripts) in our full season. He politely ordered us to take down the 9 plants, even though our scripts explicitly recommend 25 plants. He said that his directives are to follow state law which, at the time, followed the now-opined-upon SB420 as it relates to plant and possession limits.
We took em down. He returned a day earlier than he had said he would to re-check our compliance. I felt at the time like I was (willingly) giving up my civil (letting him onto my property without a warrant) and patient's (to have 25 plants) rights in order to obtain a pass for the rest of the season...
This year, the deputy will have no such luck. In the next week or so I will be meeting with an attorney to discuss the matter. I'm considering asking the attorney to draft a letter that states our intention to sue, cites the relevant case law (including the supreme court decision), and demands that the DA is immediately contacted if the deputy wishes to enter the property... or makes tries to make us take down plants...
Any thoughts? I haven't been keeping up with the ICM legal discussions in the off-season as much as I probably should have, though I have been reading the articles in the news threads as they pop up. Hopefully, the guys I remember for their cogent analysis will chime in here.
Anyhow... I am not attached to the above plan in any way. Trying to hone my understanding in the week before I meet with the attorney.
Questions I have are: Are Compliance Checks legal in the first place? What probable cause does a deputy need to assume you are NOT in compliance. Assumption of innocence and all that. Will my script's recommended numbers be respected? Specifically in Lake county, but also in other places? Is there any precedent yet? Will the confusion that has been going on in the courts lead the counties to back off of compliance checks?
Mendo just published it new guidelines. 99's are back!! but the amount of red tape to legitimize a 99 plant collective grow is... scary to say the least.
Anyhow... what does everybody think?
Some
Last year, I welcomed the Sherrif into my garden where we were 9 plants over the limit in our black box and in compliance with SB420(18 plants for 3 scripts) in our full season. He politely ordered us to take down the 9 plants, even though our scripts explicitly recommend 25 plants. He said that his directives are to follow state law which, at the time, followed the now-opined-upon SB420 as it relates to plant and possession limits.
We took em down. He returned a day earlier than he had said he would to re-check our compliance. I felt at the time like I was (willingly) giving up my civil (letting him onto my property without a warrant) and patient's (to have 25 plants) rights in order to obtain a pass for the rest of the season...
This year, the deputy will have no such luck. In the next week or so I will be meeting with an attorney to discuss the matter. I'm considering asking the attorney to draft a letter that states our intention to sue, cites the relevant case law (including the supreme court decision), and demands that the DA is immediately contacted if the deputy wishes to enter the property... or makes tries to make us take down plants...
Any thoughts? I haven't been keeping up with the ICM legal discussions in the off-season as much as I probably should have, though I have been reading the articles in the news threads as they pop up. Hopefully, the guys I remember for their cogent analysis will chime in here.
Anyhow... I am not attached to the above plan in any way. Trying to hone my understanding in the week before I meet with the attorney.
Questions I have are: Are Compliance Checks legal in the first place? What probable cause does a deputy need to assume you are NOT in compliance. Assumption of innocence and all that. Will my script's recommended numbers be respected? Specifically in Lake county, but also in other places? Is there any precedent yet? Will the confusion that has been going on in the courts lead the counties to back off of compliance checks?
Mendo just published it new guidelines. 99's are back!! but the amount of red tape to legitimize a 99 plant collective grow is... scary to say the least.
Anyhow... what does everybody think?
Some