I will never surrender....yeehaw...I grow my own and always will...fuckem...just say no to banks...
new Cali med laws for dummies - or why you are done growing next year
- Thread starter Chunkypigs
- Start date
There's a lot going on state-wide in Cali, as mentioned by a couple of you here, counties banning, cities banning I think all that is going to have to play out in court cases. Here's an interesting recent article from a Fresno case : http://www.courthousenews.com/2015/12/03/fresnos-criminalization-of-pot-struck-down.htm
FRESNO, Calif. (CN) - Citing state protections for marijuana cultivation, a California appeals court struck down Fresno County's criminalization of marijuana growing.
Adopted in 2014 and amended this year, Fresno's law prohibits the cultivation of medical marijuana and marijuana dispensaries in all zoning districts, and classifies violations of the ordinance as both public nuisances and misdemeanors.
The ordinance also limits the use of medical marijuana to qualified medical patients at their homes.
Diana Kirby, an amputee living in Fresno who is allergic to pain medications, challenged the county's law as unconstitutional.
Kirby lost her left leg in a serious accident in 1972 that also took her vision in her left eye, broke her back in three places and shattered her face. She uses cannabis to manage her chronic pain, as recommended by her physician.
Though the superior court found that Fresno's law did not conflict with the Compassionate Use Act and the Medical
Marijuana Program, a three-judge panel of the Fifth Appellate District found Tuesday that Kirby has a narrow cause of action challenging the validity of Fresno's classification of marijuana cultivation as a misdemeanor.
The 32-page decision finds that subsection E of the Medical Marijuana Program, codified at 11362.71 of California's Health and Safety Code, imposes an "obligation" on local officials not to arrest certain persons possessing or cultivating marijuana, and Fresno's attempt criminalize possession and cultivation is not consistent with that duty.
Given California's "extensive statutory scheme addressing crimes, defenses and immunities relating to marijuana," state Supreme Court precedent dictates that the MMP prohibits law enforcement from refusing to accept a medical marijuana identification card as protection against arrest for the possession and cultivation of specified amounts of marijuana, the court found.
"The Supreme Court's clearly expressed position is exactly the opposite of the county's view that the Supreme Court has determined that MMP does not foreclose the arrest of certain persons possessing or cultivating marijuana," Judge Donald Franson wrote for the panel.
California's prohibition of arrests clearly shows "the Legislature's intent to fully occupy the area of criminalization and decriminalization of activity directly related to marijuana," Franson said.
FRESNO, Calif. (CN) - Citing state protections for marijuana cultivation, a California appeals court struck down Fresno County's criminalization of marijuana growing.
Adopted in 2014 and amended this year, Fresno's law prohibits the cultivation of medical marijuana and marijuana dispensaries in all zoning districts, and classifies violations of the ordinance as both public nuisances and misdemeanors.
The ordinance also limits the use of medical marijuana to qualified medical patients at their homes.
Diana Kirby, an amputee living in Fresno who is allergic to pain medications, challenged the county's law as unconstitutional.
Kirby lost her left leg in a serious accident in 1972 that also took her vision in her left eye, broke her back in three places and shattered her face. She uses cannabis to manage her chronic pain, as recommended by her physician.
Though the superior court found that Fresno's law did not conflict with the Compassionate Use Act and the Medical
Marijuana Program, a three-judge panel of the Fifth Appellate District found Tuesday that Kirby has a narrow cause of action challenging the validity of Fresno's classification of marijuana cultivation as a misdemeanor.
The 32-page decision finds that subsection E of the Medical Marijuana Program, codified at 11362.71 of California's Health and Safety Code, imposes an "obligation" on local officials not to arrest certain persons possessing or cultivating marijuana, and Fresno's attempt criminalize possession and cultivation is not consistent with that duty.
Given California's "extensive statutory scheme addressing crimes, defenses and immunities relating to marijuana," state Supreme Court precedent dictates that the MMP prohibits law enforcement from refusing to accept a medical marijuana identification card as protection against arrest for the possession and cultivation of specified amounts of marijuana, the court found.
"The Supreme Court's clearly expressed position is exactly the opposite of the county's view that the Supreme Court has determined that MMP does not foreclose the arrest of certain persons possessing or cultivating marijuana," Judge Donald Franson wrote for the panel.
California's prohibition of arrests clearly shows "the Legislature's intent to fully occupy the area of criminalization and decriminalization of activity directly related to marijuana," Franson said.
Cool thanks dd for the info.
Get growing Fresno county
Get growing Fresno county
"First they came for the Socialists, and I did not speak out—
Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out—
Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out—
Because I was not a Jew.
Then they came for me—and there was no one left to speak for me."
Martin Niemöller (1892-1984)
I still think that growing your own is the solution, however changes will eventually roll all the way down to "grow-my-owners". As always, it starts with those entities that are most exposed & easy to control (via licensing, taxation, etc.) & then gov will modify regulations for a little guy too. Just simple steps of any politics. If there is a department or bureau in charge of something - they have to demonstrate (or fake) performance & control, control, control.
Just like fishing, big fish is fun to get, but it could be too big to handle. See nice post by LostTribe
https://www.icmag.com/ic/showthread.php?threadid=316726
So the gov walks hand in hand w/ BIG WEED who got enough money to make sure the law works in their favor. The rest of us on this totem poll will be choked little by little by amendments, taxes, etc. Rev. Niemöller said it clearly: whoever we are - we must speak for each other before it's too late.
Schlicht
Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out—
Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out—
Because I was not a Jew.
Then they came for me—and there was no one left to speak for me."
Martin Niemöller (1892-1984)
I still think that growing your own is the solution, however changes will eventually roll all the way down to "grow-my-owners". As always, it starts with those entities that are most exposed & easy to control (via licensing, taxation, etc.) & then gov will modify regulations for a little guy too. Just simple steps of any politics. If there is a department or bureau in charge of something - they have to demonstrate (or fake) performance & control, control, control.
Just like fishing, big fish is fun to get, but it could be too big to handle. See nice post by LostTribe
https://www.icmag.com/ic/showthread.php?threadid=316726
So the gov walks hand in hand w/ BIG WEED who got enough money to make sure the law works in their favor. The rest of us on this totem poll will be choked little by little by amendments, taxes, etc. Rev. Niemöller said it clearly: whoever we are - we must speak for each other before it's too late.
Schlicht
What will enforcement look like? Does the state have the resources or a plan to shut down growers, dispensaries and other businesses that don’t fully comply with the new rules? Enforcement has been a huge problem in Los Angeles.
That is the expectation, that the fees are designed to fund oversight and the regulatory program… which is designed to help fund public safety and enforcement.
We do expect there to be an infusion of revenue for enforcement that will create a regime that hasn’t existed in the past.
That is the expectation, that the fees are designed to fund oversight and the regulatory program… which is designed to help fund public safety and enforcement.
We do expect there to be an infusion of revenue for enforcement that will create a regime that hasn’t existed in the past.
Picarus
Member
They stated fines in the 10's of thousands for offenses. it seemed to me money has been allocated to the budgets of oversight committees stemming from different state entities that already exist, i.e. dept of Ag, health and human services, fish and wildlife, etc. I believe this is coming from taxes paid to the Board of equalization, and then license fees, and more taxes. Really time to band together. I can't wait to check out some of the cannabis headhunter firms being created. Initial hiring is gonna be a real challenge.
kayakush22
Member
This is very similar to what they did in WA getting a card will be very hard especially if you have to use va as your doctor most primary care md's will not authorize cannabis it's intended to shrink medical and create a fully recreational market in my opinion I've seen it happen live here in WA and it's a corrupt take over by out of state money and lobbyists writing laws forcing you to buy there products which suck.
kayakush22
Member
Nailed it just wait til the money stars coming in
kayakush22
Member
Yup nailed it that's what's happening in WA but Oregon is handling it much better but these laws look a lot more like WA
Grow what you need for yourself and sue if they chop ...
http://freedomgrowers.blogspot.com/2016_01_01_archive.html#5258155390100180692
http://freedomgrowers.blogspot.com/2016_01_01_archive.html#5258155390100180692
Righteous Roots
Member
I saw this coming...
Every one of these politicians who are wrecking Cannibas is Democrat. This is against the intent of Prop 215, isn't it time to get pissed off and vote these people out of office? What does it take?
I have said that all along too.....yeehaw..I will always grow until the day I die...there gonna be lots of money for enforcement of the laws ,,,due to high taxes..on a more powerfull level than ever...they will either make money off taxes or find a way to get rid of ya...expect some tax evasion cases happening a lot too..its gonna get ugly
Since when do a bunch of outlaw growers give a fook about the law?
Righteous Roots
Member
Since when do a bunch of outlaw growers give a fook about the law?
Lol. Good point.
They'll care a "fook" about the law when the State is after them for their taxes, right now its only the police that give a "fook" but when the tax man is getting shorted you'll be going to jail because you're stealing their money, its not your money and they'll break your balls to get it. The laws for confiscation are already being used, what if they confiscate your crop and sell it to places like Harborside, it will put everyone out of business the first year and then bring in their own people who will grow in the thousands of acres. They'll grab all your assets, even your seeds, better vote these people out of office, that's your only chance. 10%+15% tax and no outrage?
laws are more of a suggestion to me.....growing till I croak.....yeehaw
weedaholic721
Member
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