California Supreme Court Strikes Down Specific Cannabis Possession & Grow Limits

[Owl Mirror]

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.
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Maybe for a personal grow, but not for a collective grow, at least not anymore, imo.
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They can and will arrest people if they think they are in violation of the law and let the courts sort it out.
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Nearly every grow I've ever seen in my area posts the recs. Will this change?

Hello Skip, I separated out a few points from your comment above.

"Maybe for a personal grow, but not for a collective grow, at least not anymore, imo."

Are you saying that a single registered patient is prohibited from growing 100's of pounds of cured marijuana per year ?

Is this ruling going to open the door for full blown commercial production, verses my individual needs based upon my medical condition ?

I wonder what this ruling will do to the price of marijuana?

 

[Skip]

"The California Supreme Court did the right thing by abolishing limits on medical marijuana possession and cultivation," said Joe Elford, Chief Counsel with Americans for Safe Access, the country's largest medical marijuana advocacy group. "At the same time, the Court may have left too much discretion to law enforcement in deciding what are reasonable amounts of medicine for patients to possess and cultivate."

How is that? I thought it was only for the courts to decide what amount is ok for a particular patient. Did I miss that in this decision? Isn't there another decision that says courts get to determine based upon a hearing of the patient's actual needs.

 

[Owl Mirror]

I do not agree with this characterization of the ruling in People v. Kelly. There IS a limit under the CUA and there remains a limit. It is a limit dictated by reason and the practicalities of the patient's needs in all of the circumstances. That's the limit under the CUA and that limit remains. There simply is no arbitrary numerical limit which aplies to everyone in every possible conceivable circumstance... in theory, that is.

If you doubt that reasoning, you might try growing 500 or 1,000 plants for your personal medical use, get 2 lbs a light off of each, and let me know how that half a ton of weed (or a full ton) case works out for you under your defense under the CUA.

Don't be an ass about it, and you'll probably be okay. Push those limits beyond all reason, the court WILL nail you for it.

EXACTLY ! Thanks fatigues

 

[Skip]

Yes, I agree, I've even changed the thread title, which is what I think everyone was hot about. It now says they struck down the "Specific" grow & possess limit.

It's easy to get overzealous over good news.

But really, for collectives if anything it muddies the water. Cause how you going to know what your actual limit is, if the recs don't come with any?

 

[johnnyla]

the only problem is, how many of your doctor's rec's say how much you can have?

 

[Owl Mirror]

How is that? I thought it was only for the courts to decide what amount is ok for a particular patient. Did I miss that in this decision? Isn't there another decision that says courts get to determine based upon a hearing of the patient's actual needs.

"the patient's actual needs"

Will this decision have an effect on your dispensary system?
How can a dispensary account for the quantity they possess, coupled to the REC of individual patients ?
We don't have that system here in Michigan so, I'm confused on this point.

As a patient, supplying myself, I still need to grow at times, 24-30 plants.
That doesn't mean every one of those plants will be harvested for usable marijuana.

These collectives you spoke about, do they label each plant, identifying it as belonging to a particular patient or do they simply have a stack of rec's in a drawer ?
I think placing a durable tag on the plants main stem, identifying whom the plant is destined for might be beneficial.
Perhaps use something like those wristbands they issue for admission to events would work?

 

[215 User]

Judge expunged 04' case today & now this.....!

 

[Skip]

How is that? I thought it was only for the courts to decide what amount is ok for a particular patient. Did I miss that in this decision? Isn't there another decision that says courts get to determine based upon a hearing of the patient's actual needs.

"the patient's actual needs"

Will this decision have an effect on your dispensary system?
How can a dispensary account for the quantity they possess, coupled to the REC of individual patients ?
We don't have that system here in Michigan so, I'm confused on this point.

Well it's now confused the system we had here. I'd say if anything they were growing too few plants per patient in the past, so now maybe people will grow more. If there is no set amount I kinda think the cops are going to feel just as confused and if it doesn't cover acres they're gonna shine it on, esp. up north. Cause if they aren't 100% certain in their own minds that you've broken the law, they're much more likely to hesitate and give you the benefit of the doubt.

As a patient, supplying myself, I still need to grow at times, 24-30 plants.
That doesn't mean every one of those plants will be harvested for usable marijuana.

This is that issue of how many times a year you grow. That would directly impact how much you grow at one time. And this would naturally vary according to the needs and limitations of the grower/patient. So they would have to consider this, and there isn't likely to be proof of how many times you've grown in a year, unless you only grow outdoors. Again, this puts LEO at a great disadvantage cause they don't have a clear cut case!

These collectives you spoke about, do they label each plant, identifying it as belonging to a particular patient or do they simply have a stack of rec's in a drawer ?
I think placing a durable tag on the plants main stem, identifying whom the plant is destined for might be beneficial.
Perhaps use something like those wristbands they issue for admission to events would work?

I've actually seen few grows myself, but the ones I've seen just have the recs posted up, no individual labeling, although I know ppl and collectives who do that, at least one area I've read about requires it.

 

[Owl Mirror]

This is that issue of how many times a year you grow.
That would directly impact how much you grow at one time.

Those 24 plants I mentioned are 'per grow' and, I normally only flower 2 to 4 of those plants.
The rest are disposed of through selection.

That is the thing, I am responsible and not violating any laws yet,
I'm limited in my ability to select the best plants per grow due to our plant count.
I need to grow these 24 plants for a month before the major selections are taken.
I wonder if any judge would consider my explanation above ? ;>}

 

[Shred42O]

^ thats why i love california

 

[quest]

Expungement and then this on the same day

MUST be god trying to tell you something

 

[vprising909]

I LOVE CALIFORNIA

 

[bicycle racer]

good news i grow outdoor and the plant limits make things difficult to get what i need for the year.

 

[burnedout]

How is that? I thought it was only for the courts to decide what amount is ok for a particular patient. Did I miss that in this decision? Isn't there another decision that says courts get to determine based upon a hearing of the patient's actual needs.

The cops are still the ones who are deciding who gets arrested. If they show up to your place and even think you might be growing more than a personal amount, they WILL still arrest you. Then it will be up to the courts to decide if whatever amount you were growing was reasonable according to your condition.

I wouldn't expect cops that would arrest you for a certain amount prior to this decision to act any differently now, as if prior they felt that amount was for more than personal, they'll still feel the same way now.

Ultimately, after many cases have went through the court systems and gotten dismissed I think things will change. Until then, things will get worse before they get better, at least thats the way I see it playing out.

 

[Owl Mirror]

Discussion with my doc went like this:

Doc: "How much you use a week?"

Me: "At least an ounce to smoke and a lot of butter"

Doc: " So I'll put down 10 lbs a year"

Me: " I am concerned that I may lose my house and have to move into an apartment"

Doc: " I better put down 20 lbs"

Is that not the abuses being spoken of regarding individual needs, under the Medical Marijuana Law ?

For personal use, it is presumed to be medicine, not a commodity to be bought and sold.
It's these actions that cause the community headaches, NO?

 

[calicoli06]

Wonderful news! Time to Celebrate! :yay:
Oh ya and, !%&* Eddy!

 

[cork144]

give em hell cali,

grow so much they wont know what to do,

not that you dont already haha,

but this will definately keep the feds busy in cali,

 

[PastorJ]

This is Great News!

This is Great News!

Go California!

 

[theJointedOne]

Rastafari!!!!!!!!!!!!!!!!!

 

[Hydrosun]

yeah i'm not worried about a court, but the cops. i have medical records out the wazoo to prove my need, it's just the coppers im worried about are still going to be adhering to the 6/12.

so the limit is: "consistent with individual patients use"???

how are they going to enforce plant counts then?

The cops should never be allowed on your property without a warrant, and they therefor should not know if you have zero or 99 plants. Someone early in the thread mentioned the 100 plant federal limit, but I bet you can handle your personal needs on 99 plants

Peace,