Atypical moving to LA questions.

[Billy Jack]

Moving to LA from the east coast in a few weeks to be with a sick family member. California looks like a real legal shit storm right now but family is first and I absolutely have to do this. I'm not going to be growing but having access is an absolute must. I will be in the West Hollywood area for a few months while looking for a larger residence in the Nevada City area. I've seen a lot of the headlines and was wondering about the the severity of the recent crackdowns and what to expect. Any info on acquiring a doctor's recommendation or a card is appreciated as well.

I'm happy to be back in CA (lived in SF in the early 90's) but not under these circumstances, especially considering the legal gray area concerning cannabis.

Any tips and advice from my brothers and sisters here on ICM is greatly appreciated.

Thank You All!

 

[vta]

especially considering the legal gray area concerning cannabis.

There really is no gray area here, unless you run a club. Otherwise, possessing and growing personal is legal at the local and state level. All you need is a doctor's recommendation...which is easy to get. West Hollywood has four clubs...just don't go to LAPCG. These guys are the enemy. Drive over the hill to the valley and there are better clubs....like MMRC.

The "crackdown" is against clubs....and only in certain areas. There is no "crackdown" against patients, so no worries. Weed tracker dot com is a source to see what clubs have and their prices. Keep in mind that every club listed on there pays, so bad reviews get binned quick. Example is WVPG....worst club ever and you would never know it because they delete posts they don't like. And if you ever vend...do not use that site!

LA is great and there is something for everyone. It also has it's problems...which means that most leo have better things to do than hassle a MMJ user.

Good luck and sorry about your family member...I hope everything turns out alright for you!

 

[SeaMaiden]

My advice is to not get the ID card, only get a recommendation. I'm going to assume that you plan on being the legal caregiver for the person in question, and so I will advise you to read through the health and safety code so as to understand what is specifically required of you.

The pertinent sections are 11357-11362.9. In that code there are references to other H&S, criminal (penal) and civil code, be sure to read those as well.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=11001-12000&file=11357-11362.9

Finally, I always advise a consultation with a local attorney, which many, if not most, will give an initial consultation for free. Usually the most they'll charge is around $100 if they are so inclined. It can go a long way toward your peace of mind, and if you like them you may decide to keep them for future reference if necessary.

 

[monkey5]

SeaMaiden, Thank you for posting up that link! Will have to read if tomorrow! Must medicate now! On the road to my new home in Cali. in the morning! We are neighbors! Lol..monkey5

 

[supermanlives]

plenty of weed . no legal grey area issues. be carefull in la. hollyweird is fun for a while.raised east coast myself

 

[Billy Jack]

Thank you all for your help, it's greatly appreciated.

I've heard many others suggest a Dr's recommendation but not the ID card but without explanation why. Can anyone please explain?

 

[vta]

To be legal in CA, all you need is a doctor's recommendation. The State Card (issued by counties) is NOT required. If you register for the State Card, you WILL be in a database.

 

[supermanlives]

well for me i dont like being on an list. i got a good rec from a real doc with a good rep.as long as its illegal federally i aint gonna make it easy for em.

 

[RetroGrow]

To be legal in CA, all you need is a doctor's recommendation. The State Card (issued by counties) is NOT required. If you register for the State Card, you WILL be in a database.

What is the point of the state card?
Does having a state card have any effect on plant numbers?
Or is this determined simply by the county you live in?
In other words, If I don't get a state card, can I still grow 99 plants in counties that permit it as an exemption?

 

[vta]

What is the point of the state card?
Does having a state card have any effect on plant numbers?
Or is this determined simply by the county you live in?
In other words, If I don't get a state card, can I still grow 99 plants in counties that permit it as an exemption?

The only point to having the state card is a LEO might give you less of a hassle. This was true years ago but now LEO knows that if someone has a rec...then they will get charges dropped at court anyways...every time. Numbers....I have heard that some cards specify whatever the counties regulations state....however those numbers have been ruled unconstitutional. 99 is not a magic number! Feds have busted patients with much, much less.

Even if your legal...act as if your not!

 

[Billy Jack]

Thanks VTA & Supermanlives for taking the time to explain. Also thank you Retro for articulating questions my mind could not form....been in a bit of a haze the past few. Too much happening too fast.

So being the paranoid person I am, I will just get a doctors recommendation if I can buy from dispensaries. Coming from the bible belt its kind of difficult to believe that I will soon be in California and experiencing this.

Thanks again to everyone for the help.

 

[vta]

Once you get your rec...go to MMRC in Sherman Oaks...get any of their 91 PK's and some Phyllis Diller. Then you will have something to judge the other clubs by...

 

[SeaMaiden]

Thank you all for your help, it's greatly appreciated.

I've heard many others suggest a Dr's recommendation but not the ID card but without explanation why. Can anyone please explain?

As vta mentions, the database is one reason. For me, it's more that it actually provides zero protection against arrest--if they want to arrest you, they're going to find a reason and use it. It's also an additional $200 for me (the cards are to be issued by each county's health department, and guess whose counties are all broke because the state is broke), and this whole thing already costs. I felt it was a better move to find a good attorney and keep him on retainer. I feel that goes a lot further than the card, and this is based on experiences of others I know well.

The other thing about getting the card is that if you hold it, you had BETTER be within the numbers outlined in SB420, which are 12 immature (unsexed plants, once you know sex, i.e. a clone, it's mature according to the state of California) and 6 mature plants, because by becoming a cardholder you are voluntarily limiting yourself to those numbers, unless your recommending doctor states otherwise on the recommendation.

I have an excellent recommending doctor, and he does what my attorney says they should do--he puts NO limits, no amounts, nothing on my recommendation other than this simple statement (along with some other stuff).

"I feel that __________________________ will benefit from the use of cannabis for her condition."

Technically, and legally, that is all the recommending doctor really needs to say.

 

[RetroGrow]

I have an excellent recommending doctor, and he does what my attorney says they should do--he puts NO limits, no amounts, nothing on my recommendation other than this simple statement (along with some other stuff).

"I feel that __________________________ will benefit from the use of cannabis for her condition."

Technically, and legally, that is all the recommending doctor really needs to say.

So if the doctor puts no limits, then what are the "legal" limits, and does this apply to all counties?
I know one can get exceptions in certain counties for 99 plants with the doctor's rec. Are you saying it is better not to get that "exception" if you are in one of those counties(costs an extra $150), and just go with the doctors original rec with no limit specified?
And would I (or anyone) still be able to get away with 99 or more plants with just the doc's original rec?

 

[SeaMaiden]

So if the doctor puts no limits, then what are the "legal" limits, and does this apply to all counties?

Essentially, basing activity off Proposition 215, there are no limits. The issue is this--can you support your numbers/amounts? If you can support your use, local law enforcement will have a difficult time arguing that you don't have a legitimate claim for medical use.

I know one can get exceptions in certain counties for 99 plants with the doctor's rec. Are you saying it is better not to get that "exception" if you are in one of those counties(costs an extra $150), and just go with the doctors original rec with no limit specified?
And would I (or anyone) still be able to get away with 99 or more plants with just the doc's original rec?

That plant number has to do with federal prosecution. As such, there is no way that I or any decent attorney would suggest to you that you can simply ignore numbers once you've entered into federal territory. The feds generally want to take on those cases where they have a good chance of prosecution AND getting a minimum sentence. Once you've hit three digits in the plant count, they can get you for a minimum of 10 years in the pen.

I'm not sure what you mean about being in 'one of those counties', nor am I sure what you mean about an extra $150.

I cannot say to ignore your county if they're putting limits on plant counts. Nevada Co., for example, is dedicating police man hours to doing compliance checks. My county? They don't have the manpower, and when they passed the zoning ordinance they specified that it's to be the inspector(s) in the planning department who'll verify compliance. And compliance in my county, as well as Nevada Co., is complaint-driven.

The reason I say this is that to get all of this crap worked out requires at least one court case, if not more, and I don't want to be that court case.

 

[RetroGrow]

Essentially, basing activity off Proposition 215, there are no limits. The issue is this--can you support your numbers/amounts? If you can support your use, local law enforcement will have a difficult time arguing that you don't have a legitimate claim for medical use.


That plant number has to do with federal prosecution. As such, there is no way that I or any decent attorney would suggest to you that you can simply ignore numbers once you've entered into federal territory. The feds generally want to take on those cases where they have a good chance of prosecution AND getting a minimum sentence. Once you've hit three digits in the plant count, they can get you for a minimum of 10 years in the pen.

I'm not sure what you mean about being in 'one of those counties', nor am I sure what you mean about an extra $150.

I cannot say to ignore your county if they're putting limits on plant counts. Nevada Co., for example, is dedicating police man hours to doing compliance checks. My county? They don't have the manpower, and when they passed the zoning ordinance they specified that it's to be the inspector(s) in the planning department who'll verify compliance. And compliance in my county, as well as Nevada Co., is complaint-driven.

The reason I say this is that to get all of this crap worked out requires at least one court case, if not more, and I don't want to be that court case.

Thanks! Good answer. I think I get it now

 

[supermanlives]

Thanks VTA & Supermanlives for taking the time to explain. Also thank you Retro for articulating questions my mind could not form....been in a bit of a haze the past few. Too much happening too fast.

So being the paranoid person I am, I will just get a doctors recommendation if I can buy from dispensaries. Coming from the bible belt its kind of difficult to believe that I will soon be in California and experiencing this.

Thanks again to everyone for the help.

i remember my first dispensary visit long ago. i was amazed and sure i would get arrested leaving lol. well i didnt but the club got raided on a return visit. got to watch the feds carry out everything. made it a point after to not have to depend on dispensaries for anything.this has served me well.good luck man

 

[Tudo]

Finally, I always advise a consultation with a local attorney, which many, if not most, will give an initial consultation for free. Usually the most they'll charge is around $100 if they are so inclined. It can go a long way toward your peace of mind, and if you like them you may decide to keep them for future reference if necessary.

Excellent recommendations and for a little money a lot of peace of mind.

 

[Megas]

If you have a recommendation can you grow? Or is that only under having a card.
Looking at norml it says:
Cultivation Any amount felony 16 mos - 3 years $

 

[Hash Zeppelin]

Any tips and advice from my brothers and sisters here on ICM is greatly appreciated.

Thank You All!

NEVER OPEN THE DOOR. unless you are suspecting a someone. then double check the peep hole and make sure no one else you dont know is with them.

The other thing about getting the card is that if you hold it, you had BETTER be within the numbers outlined in SB420, which are 12 immature (unsexed plants, once you know sex, i.e. a clone, it's mature according to the state of California) and 6 mature plants, because by becoming a cardholder you are voluntarily limiting yourself to those numbers, unless your recommending doctor states otherwise on the recommendation.

^this part is very important. While it is legal in cali to have as many plants as you want with a doc rec, the feds dont care. stay under 99 plants and have no guns. This way you can use the federal safety valve act, and avoid a 5 year minimum sentence. over 99 gets 5 years, over 1,000 gets 10. minimum.

If you have a recommendation can you grow? Or is that only under having a card.
Looking at norml it says:
Cultivation Any amount felony 16 mos - 3 years $

^NORML web site does not have good legal details.