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Old 09-08-2009, 06:25 AM #1
JackTheGrower
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Why we need some mimimums in the Medical Cannabis laws in California

Hey everyone.. We were talking about ASA and the Minimums for Medicals people.

I think this is an example where having some minimum rights to cultivate on the books will keep places like Fortuna from voiding the medical persons rights to grow their own clean meds.

We must remember that the war is still on even if the law is well over a decade old.




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No medical pot growing in Fortuna?
Jessie Faulkner/The Times-Standard
Posted: 09/07/2009 01:15:22 AM PDT


The Fortuna City Council may prohibit or limit the growing of medical marijuana within the city limits.

At Tuesday's council meeting, City Manager Duane Rigge is seeking direction from the elected officials on whether they are interested in an ordinance outlawing or limiting the cultivation of medical marijuana.

The inquiry comes a little more than a year after the City Council adopted an ordinance prohibiting medical marijuana dispensaries in Fortuna.

”A number of California cities have taken local action by either limiting or prohibiting the establishment and operation of medical marijuana cultivation activities within their jurisdictions,” Rigge wrote in a report to the council. “The city of Arcata recently adopted an ordinance that established standards for both medical marijuana cultivation and dispensaries.”

The issue comes up now, Rigge continued, because of several building permit applications that indicate growing medical marijuana may be the focus of those permits.

”There have been building permits for hydroponics operations,” Rigge said.

Such permits cannot be turned down based on suspicions of what will be grown, he said.

Arcata enacted an ordinance stating that a medical marijuana cultivation area cannot exceed 50 square feet nor exceed 10 feet in height, per residence, and that the qualified patient must live in the home where the medical marijuana is being grown.

Arcata's ordinance also allows dispensaries to grow medical marijuana, provided the area designated for growing does not exceed 25 percent of the dispensaries' total square feet and is no larger than 1,500 square feet. Plant height is also limited to 10 feet. In addition, a use permit is required to grow medical marijuana within Arcata city limits.

These standards, however, do not apply to portions of Arcata that fall within the coastal zone, as the California Coastal Commission has not yet taken up the matter.
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Old 09-08-2009, 06:58 AM #2
FreedomFGHTR
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Except for the whole constitutional thing about voters passing prop 215 which was sold to the voters as legalization that would allow people to grow unlimited quantities of weed anywhere.

we don't need a minimum because the law says there is no max. We can grow as much or as little as we want.

If people want to stand up for their rights then they shouldnt be afraid to goto court to exercise their rights. Otherwise we have no rights. Just because a local government passes a law, it doesnt mean it can be legally enforced.
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Old 09-08-2009, 07:02 AM #3
Zeinth
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Originally Posted by FreedomFGHTR View Post
Except for the whole constitutional thing about voters passing prop 215 which was sold to the voters as legalization that would allow people to grow unlimited quantities of weed anywhere.

we don't need a minimum because the law says there is no max. We can grow as much or as little as we want.

If people want to stand up for their rights then they shouldnt be afraid to goto court to exercise their rights. Otherwise we have no rights.

My doc noted that i use more..and increased my amount.

still tho wasnt a case depublished so that county wide 420 rules are followed?
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Old 09-08-2009, 07:21 AM #4
FreedomFGHTR
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Originally Posted by Zeinth View Post
still tho wasnt a case depublished so that county wide 420 rules are followed?
The same arguement can still be used in court. And if the judge doesn't recognize it and respect the fact that SB 420 plant limits are unconstitutional the apeals courts still will, again. It's not just one case but multiple cases in which prop 215 has over ridden SB 420.
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Old 09-08-2009, 07:25 AM #5
kmk420kali
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Quote:
Originally Posted by Zeinth View Post
My doc noted that i use more..and increased my amount.

still tho wasnt a case depublished so that county wide 420 rules are followed?
Depublished (Hidden)..yes...but never ended up in pretty much any Court--
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Old 09-08-2009, 07:37 AM #6
JackTheGrower
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It's just a friendly post FFgtr

I'm now using the pop corn buds and am doing so much better.


The point isn't that I disagree with you because we are talking about the same thing really.


It that the cat is out of the bag up there in Fortuna! Wow are they surprised they are on Google I bet.

I just posted for them to watch the Grass Documentary on Youtube..

When I saw that one resident thinks that not renting to Mexicans is the answer!

Wow!


Jack
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