California Supreme Court Strikes Down Specific Cannabis Possession & Grow Limits

[quest]

how much do you use in a couple year period?

 

[Skip]

in short term for the people who dont want to get involved in anything and dont want to share .what is their plant limit for self medication ?

no large grow , a real medicinal garden for 1 person and not intended for any kind of distribution ?

There is no limit mr. noodles, simply because the law recognizes that one shoe doesn't fit everyone, and some people require more medication than others.

The DIFFERENCE is between growing for yourself and growing for a dispensary. For yourself, you're supposed to grow what you need. However if you also are a collective member you are entitled to share your grow with the collective and receive compensation for it.

That means you can grow more than for just yourself. At that point you are considered a "caregiver" if that still makes any sense with the law.

So joining a collective can immunize you from being at risk for growing too much for yourself.

Does that make sense now?

 

[Skip]

great news now lets, GET EDDY LEP OUT OF JAIL!!!!!!!!!

I'm thinking the SAME THING! Eddy would've had a better defense if this ruling had come sooner!

Unfortunately, they made Eddy the scapegoat for all 30,000 plants, so it might be difficult since they didn't accept that he grew on behalf of hundreds of other people, even tho he had proof. But perhaps they'll allow that evidence now upon appeal.

 

[growclean]

Tagged for more reading....

 

[UnknownProphet]

Gotta love Cali.

 

[HeLLMuTT]

That's great!

That's great!

I'm quite happy to read this.

Thanks for sharing the great news.

 

[SpasticGramps]

Tearing down the wall piece by piece. Love to this!

 

[Skip]

how much do you use in a couple year period?

I see where you're going with this. I can see where some medical patients might only want to grow occasionally, like once or twice a year. Who is to say they must grow a more limited amount more times each year?

So if I wanted to grow all I need for a year, say two pounds, that should be what I'm allowed to grow all at once AND possess.

See these nitpicking issues wouldn't matter if it was just LEGAL~!

And you know what? With this decision, Law enforcement would be smart to just stop busting for cannabis, unless it's a situation that is way over the line, or some other law is being broken, like growing on Federal land.

I suppose once each jurisdiction tries to prosecute ppl for growing too much and it gets thrown out of court, they'll think twice about wasting their time & taxpayer money going after growers.

 

[rlmedicals]

Fatigues that argument won't fly anymore. If you are a member of a collective, you are allowed to grow for that collective. There no longer is a limit as far as SB420 or Prop 215 goes. And that is all that matters in CA, as far as I know.

So if you get popped with say 50 plants, it might not be for you, but for members of your collective. Up until now, you had to show enough recommendations to prove that you're growing for others who are also legal.

So say a dispensary has a dozen ppl growing for it. I doubt there needs to be posted at each grow a certain # of recommendations. So long as the collective itself can cover the # of needed recommendations for any particular grow, it's probably not a problem.

Now as far as the new LA law is concerned, you can only join one collective/dispensary. I assume if you join a chain of dispensaries, you can visit any of them, but that could change under the new law.

So in theory in LA a grower can only grow for one dispensary. But I don't see how this is enforceable...

As far as actual cases goes, as much as 60 pounds of pot (in transit) has been returned to California residents/dispensaries. How do you reconcile THAT with your statement that my words are irresponsible? I take umbrage at that.

CHP Ordered to return 60 pounds of Pot...
http://www.icmag.com/ic/showthread.php?t=153389

Just keep pushing you will soon find out, I agree totally with the two prior post, responsibility is very much the key word, there will always be that select few that cannot ever be please with anything and will always be pushing the envelope.

 

[Toyot4]

this makes growing styles a lot more variable here in cali now. For instance i would rather grow 20 12" plants in a 3 foot tall space than grow 6 plants that will yield the same at much taller heights.

ty california

 

[Skip]

Just keep pushing you will soon find out, I agree totally with the two prior post, responsibility is very much the key word, there will always be that select few that cannot ever be please with anything and will always be pushing the envelope.

And if it wasn't for those ppl pushing the envelope, there would be NO MMJ, NO decrim, NO legalization movement. Just the old drug war status quo.

Sorry but NOW IS THE TIME FOR ALL GOOD CANNABIS USERS TO COME TO THE AID OF THEIR COUNTRY! LEGALIZE IT!

 

[Rollem&Smokem]

I DON'T LIVE IN CALI BUT I'M SO EXCITED I FARTED!!!!
​

 

[ourcee]

haven't read the official stuff, but basically what I'm getting from skip here is that if you are part of a collective and you arent fuckin around on the side with something that warrants attention. You can grow for those patients as long as you can prove its actually for them, with no regard to set "limits" such as 6/12. So long as what you have for yourself isn't outrageous and same goes for the quantity of herb in relation to quantity of patients.

all without needing a specific patient to designate the extra plants or weight or whatever to YOU specifically. I.E. you dont need to post 5 recs on the wall to grow for 5 people, you can just do it so long as they are part of the same collective.

 

[Skip]

You can grow for those patients as long as you can prove its actually for them, with no regard to set "limits" such as 6/12. So long as what you have for yourself isn't outrageous and same goes for the quantity of herb in relation to quantity of patients.

all without needing a specific patient to designate the extra plants or weight or whatever to YOU specifically. I.E. you dont need to post 5 recs on the wall to grow for 5 people, you can just do it so long as they are part of the same collective.

I'm not saying exactly that. You never NEEDED to post those recs, but it was recommended for when the police show up at your door.

But now that the limits have been thrown out, who is going to decide if the grow exceeds the amount for the covered recs? The cops? NO! The courts? Maybe.

Imagine this scenario. They pop a Collective grow with 80 flowering plants, right? The collective produces say 10 recs that it says covers that grow. So that's 8 plants per rec. Now are the courts going to review the medical situation of all ten patients to determine whether those amounts are reasonable for each and every patient?

Is that REALLY for the courts to decide? Maybe for an personal grow, but not for a collective grow, at least not anymore, imo.

So far the courts have been willing to look at it, but when it comes to a big dispensary, with big grows (even above 100 plants), do they really want to go down this path of analyzing every patient's needs separately and adding them up to see if the grow exceeds it? That is so unrealistic, I doubt it will ever become the norm, esp. in a California court.

I think that these kinds of decisions while solidifying the law behind them, also provide a lot more flexibility when it comes to deciding whether any activity meets the law's requirements or not.

And in any case the courts are deciding that it is NEVER up to the police to make that determination in the field. They can and will arrest people if they think they are in violation of the law and let the courts sort it out.

However the affirmative defense of the CUA is now backed up by the MMP which provides "protection against arrest" if proof can be provided on the spot that the cannabis possession is legal. So it's still wise to have recs posted if you don't want to be arrested & sort it out in court... Nearly every grow I've ever seen in my area posts the recs. Will this change? I think eventually we are going to legalize it and this will only be an issue for large grows.

 

[DoobieDuck]

Thanks for posting Lilrowdy...great news for a lot of patients. It will free thier minds of some worrying and paranoya as well. Skip you are really good explaining this to folks like me. Your stuff I understand.

 

[dank.frank]

maybe I need to move again....hahahaha

 

[Kola Radical]

Nice!

Putting any limit on the number of plants is not fair because some ppl will use their few plants to grow huge sativas that produce lbs., and some will grow lowriders that yield a tiny bit of bud.

Colorado's limit was overturned by Robert Corry's case which set a legal precedence where the jury said the patient can decide the number of plants they need. I believe the test case was 35 or 38 plants, so you can legally grow that number and more if you can prove that you need it medically.

I say grow big... they can't stop all of us now.

 

[reckon]

I'm going to run 16 girls on the very next run to celebrate!!

YAY!!

 

[Owl Mirror]

This is absolutely F'KIN FANTASTIC NEWS !
I just received an email with this news and upon reading of this victory, I felt compelled to write this organization, seeking help here in Michigan.

I'll post the contents of the email below.
I'm hopeful this decision can lend Michiganders a hand making a needed change in our Law.

Hello, firstly I would like to both thank you and congratulate you on your recent success in California. I was forwarded an email that spoke of "unconstitutional legislative limits on how much medical marijuana patients can possess and cultivate."

I live in Michigan and am registered under Michigan's Medical Marijuana program.
I would like to ask if your organization could assist the patients in Michigan by seeking to correct the language of our current law. As you may know, we have a 12 plant limit as well as a 2.5 oz (usable).
Under our Law, if I germinate 13 seeds and each of them pop open, I am legally obligated to kill the thirteenth seed. Now allow me to expand that to having four plants nearing completion, four maturing vegetative plants (either sex) and, four seeds at the moment they crack open and produce a tap root.

Not very efficient !

I am alone here in Michigan without a voice, money or guidance.
I am writing you today, asking for assistance in changing our law to at the very least,
read "12 sexually mature female plants"
As our law stands today, we are only allowed 12 living organisms, PERIOD.
Doesn't matter if they are a simple tap root, male plants or flowering females.
Twelve live marijuana plants!
I don't know who wrote this law but, they obviously have never grown Marijuana.

When I read the news about: California Supreme Court Strikes Limits for Medical Marijuana Patients
I felt compelled to write you, seeking assistance in rectifying my problem, as described above.

Thank-you in advance,
Richard Owl Mirror

Anyone else experiencing the same difficulties I'm going through ?

 

[Diego]

sb420 only applies to those counties/cities that haven't already set there own limits. See CalNorml.com for already listed limits.
Also, not every county really cares about these state laws. Someone I know got charged with conspiring to grow and sell aswell as had 6 collectives and only 30 plants. This was in Fresno this past September. If they decide to raid your house and find a bunch of cash or find huge bank accounts with no paper trail also may lead to conspiracy. If you go big atleast get your facts straight before you do it.