CA grow laws and limits questions

[TamyLove420]

Ok so lets say you are drying your 6 or so pounds off your LEGAL GROW (in sacramento california the limit is 6 mature plants, about a pound off each plant) and for some god forsaken reason you end up getting handed a search warrant from law enforcement, the law here in sacramento specifically states you can posess 8 "PROCESSED" ounces....so what happenes when your whole 6 pounds is "PROCESSED"????


lets say this actually happened. chances are you would at the VERY LEAST end up having to defend your legal rights in front of a judge, and lets not forget, having to explain it to every possible employer that does a backround check, as an arrest does NOT get removed from your record even if the charges are dropped, or unfounded.

so finally, how would you defend yourself (legal rights) ON THE SPOT to prevent being detained??

sorry for all the hypetheticals, but im thinking this is not a uncommon situation....THANKS FOR ANY AND ALL IMPUT!

 

[kmk420kali]

EDIT** Sorry I read that wrong...6 pounds can be an issue--

 

[kmk420kali]

...

 

[Yes4Prop215]

6lbs in california they can charge you with felony possession and if you have any scales, text messages in phone, etc they can stack on a felony sales as well.

california is not all happy go lucky. now that being said a 6lb case on the docket would not even raise the judges eyebrow.....you probably wont do any time but most likely you will get community service and pay fines or something.

i think a fellow ICmagger knew a guy who was arrested trying to sell exactly six pounds to an undercover officer off those bud trading websites. kid ended up doing like 90 hours caltrans work no jail time...and lost his buds and money to a lawyer....

i have another friend who was raided with 400 plants and a shotgun in oaksterdam and the DA already offered probation no jail time for plea bargain....the courts out here are flooded and desperate to clear dockets. in sacramento things might be stricter id imagine....



now, if the cops raided me and i had over 5lbs in my house, i would not admit to any kind of sales and claim that i grew all that weed over the period of several years and have been saving/storing it. make them prove in court that i was intending to sell it...stick to the medical story and make them prove otherwise...

 

[mrktwiz]

let me guess he was using bud*rader dot com.....lol who sells 6 lbs to someone they have never met?

C'mon MAN!!!!!

(rant off)

 

[designer]

I wish they all could be California

 

[215forLife]

Ok so lets say you are drying your 6 or so pounds off your LEGAL GROW (in sacramento california the limit is 6 mature plants, about a pound off each plant)

Actually that is not true. In the state of California prop 215 patients can legally grow and posses pretty much as much as they want.

Something about the following sentence being included in the official ballot materials for prop 215 makes the so called limits unconstitutional.

This initiative allows unlimited quantities of marijuana to be grown anywhere . . . in backyards or near schoolyards without any regulation or restrictions. This is not responsible medicine. It is marijuana legalization.

This was reaffirmed in the California State Supreme Court Case People v Kelly.

and for some god forsaken reason you end up getting handed a search warrant from law enforcement, the law here in sacramento specifically states you can posess 8 "PROCESSED" ounces....so what happenes when your whole 6 pounds is "PROCESSED"????

Interesting question. Because I have dealt with both Sac Sherrif's and Sac PD on this issue and have had them see my grows. I;ve been stopped by CHP with a lb in my backpack... What happens is that they will impound the week as evidence if they are going after you for any reason, but if they have nothing and your rec is current, you are cool.

lets say this actually happened. chances are you would at the VERY LEAST end up having to defend your legal rights in front of a judge, and lets not forget, having to explain it to every possible employer that does a backround check, as an arrest does NOT get removed from your record even if the charges are dropped, or unfounded.

Well actually one time I called Sac Sherrifs on somebody for jacking my weed. They got some of my weed back, after 30 mins of me in the back seat of the car when I said I could legally sell... I proved to them I can!.. when CHP picked the lb off of me, I spent the night in jail was cite and released,.. the case didn't even make it on the docket since Sac courts are so clogged.

so finally, how would you defend yourself (legal rights) ON THE SPOT to prevent being detained??

Have a lawyer on retainer, remember the case People V Kelly.

Really though Sacramento courts are super weed friendly. I am suing my landlord for the death of 66 plants in unlimited jurisdiction civil court. I'm on probation for being a dumbass (not weed or drug related) and the judge said they "have no objections to my use of marijuana as directed by doctors"...

*edit* - If you know they are coming for it why not front it to one of the clubs it lessons the risk of losing it all...*

 

[JOJO420]

BULLSH!T

BULLSH!T

Actually that is not true. In the state of California prop 215 patients can legally grow and posses pretty much as much as they want.

As a legal verified patient who just went through 1 yr of court cases, this is very bad advice. If you live in a county that permits over the state minimum, then you can legally posses the county guidelines.
You cannot posses over your limit or you face possible repercussions from the law enforcement and the courts.

 

[215forLife]

As a legal verified patient who just went through 1 yr of court cases, this is very bad advice. If you live in a county that permits over the state minimum, then you can legally posses the county guidelines.
You cannot posses over your limit or you face possible repercussions from the law enforcement and the courts.

Well except my advice is spot on. You must not have had good representation nor do you pay attention to the news...

Justin Sullivan/Getty Images A court decision tosses limits on medical marijuana use in California.

The California Supreme Court issued what amounts to a stay-out-of-jail-free card to authorized medical marijuana users in the state by striking down limits on how much weed those people could grow or possess.
In a unanimous decision, the state's highest court upheld an appellate court's decision in a case involving a man with a long history of chronic pain who turned to marijuana for relief after consulting with a doctor and receiving a written recommendation for the drug

Read the whole Supreme Court Decision here
http://medicalmarijuana.procon.org/sourcefiles/PeoplevKelly_S164830.pdf

 

[zenoonez]

It doesn't prevent you from being arrested or charged, it only makes your court case easier to win.

 

[215forLife]

this is Sacramento Court sentencing minute order for me...

 

[Midnight]

This link explains your question about being over 8 ounces.

http://www.safeaccessnow.net/countyguidelines.htm

11362.77. (a) A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature marijuana plants per qualified patient.

(b) If a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meet the qualified patient' s medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs.

(c) Counties and cities may retain or enact medical marijuana guidelines allowing qualified patients or primary caregivers to exceed the state limits set forth in subdivision (a).

(d) Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of marijuana under this section.

(e) The Attorney General may recommend modifications to the possession or cultivation limits set forth in this section. These recommendations, if any, shall be made to the Legislature no later than December 1, 2005, and may be made only after public comment and consultation with interested organizations, including, but not limited to, patients, health care professionals, researchers, law enforcement, and local governments. Any recommended modification shall be consistent with the intent of this article and shall be based on currently available scientific research.