What is the California plant count limit??

[SoCaliSmoker]

So a guy starts a thread in the Tokers Den talking about plant counts and everyone chimed in on their opinions (I live in San Diego and I have my Doctors Letter of Recommendation along with my Medical Card) and I said that "if you were growing up to 99 plants in one location, that anything over 99 is a felony". Or so I thought. I've always been under the impression for whatever reason that 100 or more plants in a location was against the law even if you were a collective group.

Whether or not that may be the case, or regardless of why I posted my backwards way of thinking, alot of people gave their $. 02 that somewhere along the recent lines the guidelines were changed that you don't have a plant restriction anymore, you're able to grow as much as you need to consume for your illness.

Is this true? Has the actual number of plants been lifted and you are able to grow as many as you feel are necessary for the amount of medicine you need to cope with your illness? And what if there are two of you that post your scripts in the grow room? Where do the numbers start and stop?

Basically what I'm asking is if the information is correct, and if the plant count has been lifted, if anyone can provide the link or documentation showing how many plants you can legally have. Or if we're still using CA NORML guidelines as our medium.

Any help is appreciated. It caused a huge debate!

 

[JackTheGrower]

the following transaction has occurred in:
PEOPLE v. PHOMPHAKDY
Case: S166565, Supreme Court of California

Date (YYYY-MM-DD): 2010-03-10
Event Description: Dismissed and remanded to CA 3
Notes:
In light of the decision in People v. Kelly, S164830, review in the above-entitled matter is dismissed. (Cal. Rules of Court, rule 8.528(b)(1).)


For more information on this case, go to:
http://appellatecases.courtinfo.ca.gov/search/disposition.cfm?dist=0&doc_id=1898243
For opinions, go to: http://www.courtinfo.ca.gov/cgi-bin/opinions.cgi?Courts=S

Do not reply to this e-mail. Messages sent to this e-mail address will not be processed.


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That's what you want.

From what I understand anyone can be arrested at any time for cannabis even if they are medical.
That didn't change.

What changed is "reasonable amount"

I read that as I can have clones and flowering plants at the same time now and a reasonable stash.

Mind ya the Reasonable part is subjective. The Courts are the place they decide that..


But The Feds get involved at 100 plants.. So there is still that spectre of doom and prison over our heads.

That is what I understand to be true..

There is a video of the supreme court session in a long thread in this forum.
Basically both sides agreed it was unconstitutional to have limits.

Ernst

 

[medman225]

santa cruz county's marijuana cultivation guidelines were, before the supreme court ruled it unconstitutional to have limits lke jack the grower said(which did happen), was and still is up to 99 square feet for growing... and norml says the limit per person there is 99 plants, but other official state sites say 99 square feet for cultivation... which if your doing sea of green i think i can easily do like 4 per square foot... basically like 400 plants.
humboldt honest to god has no numbered amount... you can grow as much as you want there.
its all about the county. honestly there are places a dispensary can only have 12 matures, and places where collectives grow hundreds and hundreds... as well as farmers who grow hundreds and hundreds up in norcal legal(and some illegal!).

 

[JackTheGrower]

Hopefully all the confusion up and down the State will clear up this year.

I understand the important thing is to be able to explain why one needs 99 plants if asked to do so.

Up to that point plus one it's a State issue 100 and it's Federal I understand.

I'm good to go if I can have my clones and my crosses going right now.. I am trying to improve the effect of my cannabis for my medical needs.. Mood and blood pressure are my concerns.

So you will have places with stupid rules like you can't grow outside.. Or you need an electrician to sign off.. I don't know how much crap medical folks are still getting..
But the war is not over.

Ernst

 

[Lazyman]

In theory, the Feds don't get involved if a medical MJ patient is obeying state laws. In California plant counts stack with each member of a collective, but since People v Kelly we really don't have limits at the moment. I am sticking to the previous numbers I was allowed before that portion of SB420 was recalled, which is 30 plants per patient. I am always going to have over 99 plants but in California growing for ten patients I feel comfortable doing so. The Feds are usually much more concerned with the Mexican forestry service land grows of 10K plus plants.

 

[johnnyla]

state law states you can have as much cannabis as currently needed and/or how much you and your doctor discussed. at the end of the day it's up to your doctor and you.

more than 99 plants =5MM. 5 Year Mandatory Minimum Sentence. They much prefer cases where they have a 5MM hanging over your head. Not to mention another 5MM if you have a gun. Under 99 it's up to a judge to sentence you. If you get a MM, the judge could want to give you less than 5 years but HAS NO CHOICE but to give you 5MM.

So it's really illegal federally to even smoke a J but they generally aren't going to fuck with you if you are within reason so make sure you don't have more than a judge or jury would find reasonable in court. (unless you are federal there is no reasonable amount)

IMO getting a very specific dry and plant count on your rec is the most solid way to go right now. Anything else is up to interpretation. My doctor's note is not up to interpretation because it is very specific just like my Vicodin prescription. It states exactly how many mature plants i can have and how much dry weight. a judge or jury has no choice but to accept the amount recommended to me by my doctor.

 

[BassDrip]

some counties in CA dont have a plant count limit but rather a square foot limit on the total canopy, such as 100 sq feet

 

[Lazyman]

This is true, the City of Eureka (Humboldt County) is trying to enact an ordinance limiting both the canopy size and the wattage (to 1200w max) for grows in the city limits. I don't think they will be successful but who knows.

 

[JackTheGrower]

I am sort of okay with the "different" ways of doing this.. But we have to realize also the nut-job counties and cities that want to say something like, one can't have plants that can be seen..
Or one must open their homes to random fire inspections because you have a grow light.

I am in favor of uniform Medical rules and legalization for everyone else.

So I would keep my medical growing reasonable if in doubt and I do believe the threat from the Federal law is real including smoking weed in a National Forest remember that!

All in all I feel the no limits we have now is reasonable..
Where I am at I am sure to have a chance to be anal-raped in jail for 10 plants.. Humboldt wouldn't waste the gas to bring a medical guy in to town over 10 plants I assume.

 

[CalcioErba2004]

It all depends on LEO in your area. Here is San Diego they are pretty hardcore when it comes to MMJ as we have seen in the last year. I wouldn't go over state limits in SD. You never know when that crazy DA is gonna go on another PMS rampage. Just my 2 cents...

 

[Loc Dog]

Is this still correct???