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plant count for colorado

JWH-018

Member
thanks pikes...after the last case in boulder it seems there is a defense for 30 plants at least???

You don't want to interpret it like that. You're allowed "greater amounts [that are] medically necessary to address the patient's debilitating medical condition"

That means you may very well be called on to show that what you have is medically necessary. How that's decided is going to come down to not just how many plants, but also how much the plants were showing to yield, how you are using it (smoking vs baking vs topical etc), what amount your doctor pre-authorized, the quality of your medical testimony, the severity of your condition, if they can show you were selling or giving away any of it, how often you're growing, how liberal the county/jury is and so on.

Lauve's case is good precedent but it's far from making a certain plant count open and shut. If you are growing 30 trees yielding 12+ ozs each you're going to have a much harder time convincing a jury that you needed it all than if you had 30 plants yeilding 7 grams each. If you really need and are using all that you grow and have a good lawyer you're probably in a decent spot, but if you're just using it as an excuse you'll want to make very sure it won't look like that.
 
You don't want to interpret it like that. You're allowed "greater amounts [that are] medically necessary to address the patient's debilitating medical condition"

That means you may very well be called on to show that what you have is medically necessary. How that's decided is going to come down to not just how many plants, but also how much the plants were showing to yield, how you are using it (smoking vs baking vs topical etc), what amount your doctor pre-authorized, the quality of your medical testimony, the severity of your condition, if they can show you were selling or giving away any of it, how often you're growing, how liberal the county/jury is and so on.

Lauve's case is good precedent but it's far from making a certain plant count open and shut. If you are growing 30 trees yielding 12+ ozs each you're going to have a much harder time convincing a jury that you needed it all than if you had 30 plants yeilding 7 grams each. If you really need and are using all that you grow and have a good lawyer you're probably in a decent spot, but if you're just using it as an excuse you'll want to make very sure it won't look like that.

thanks for answer...make sense. much appreciated.

SC
 

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