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Old 05-20-2017, 06:51 PM #1
Meds4Me
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??? California Cultivation Law Confusion ???

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, ...

Regards
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Old 05-20-2017, 08:41 PM #2
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Cool 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
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Old 05-20-2017, 10:45 PM #3
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San Berdo county
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Old 05-20-2017, 10:48 PM #4
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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.
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Old 05-20-2017, 11:14 PM #5
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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.
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Old 05-20-2017, 11:40 PM #6
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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.
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Old 05-20-2017, 11:56 PM #7
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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.
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Old 05-21-2017, 12:12 AM #8
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Originally Posted by Crusader Rabbit View Post
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.
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Old 05-21-2017, 12:16 AM #9
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Cool Med Rec Holder

Quote:
Originally Posted by Meds4Me View Post
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 they should have your answer
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Old 05-21-2017, 12:42 AM #10
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Quote:
Originally Posted by St. Phatty View Post
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.
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