law interpretation question

TimberMist

TimberMist

New Member
I have a question... I am going to grow marijuana for my own personal medical use. I do not have a valid prescription, because Drs in my state (VA) are not permitted to write one. My state does have a "symbolic" Medical Marijuana Law, but that is all it is "symbolic."

My question is... If I am caught growing MJ for my own personal medical use, will I be prosecuted for simply possession or cultivation. I am confused with the difference between cultivation and manufacture. I understand manufacture is with intent to sell. I am trying to understand if I would be tried for a felony or misdemeanor as the sole purpose will be for my medicinal use.

Here is the link to VA law, so you can see why I am confused.

Virginia - NORML

If you want to know why I want to grow.. check my journal

1st grow - G13 for medicinal - closet grow
 
It doesn't look like there is any real law for growing your own for medicinal reasons. I would be very careful. Like in most states if they deem you as growing even one plant illegally then you could be in for some iron bar motel time. That said you can still have caring judges that can cut you some slack but you can't rely on that.
 
I know it's not legal.

I am trying to weigh the risk for pain relief and quality sleep. Like I said, Virginia has a "symbolic" compassionate marijuana law, but again... it is only "symbolic." The Va legislature has agreed not to go against the Fed Govt but recognizes the medicinal value of MJ.

Va won't prosecute if I have a prescription, but I can't get a prescription because it is against Federal Law. "Damned if you do; suffering if you don't." Um.... will have to add that to my signature.

I am trying to understand what is the risk for growing my own medicine?

Is cultivating the same as manufacturing? As it is for my own personal use, I can not be convicted of manufacturing as manufacturing requires intent to sell or distribute.

I can find no law on the books that refers to simply cultivating of marijuana. So.. if I were to be caught would I be guilty of the felony for cultivating/manufacturing or misdeamnor possession? Huge difference...

Like intentionally running a red light or running a red light to kill pedestrians... one is a felony, the other a misdemeanor

My question is... Is cultivating for one's own personal use a felony in the state of Virginia? or is it misdemeanor possession?

Here are the Virginia state laws where MJ is even mentioned...
https://leg1.state.va.us/000/lst/LS200764.HTM
 
It looks pretty risky in Va.
"Cultivation of marijuana is punishable by 5 - 30 years in prison and a fine up to $10,000. A conviction for manufacturing marijuana must include proof that the marijuana was being grown for a purpose other than the grower’s personal use."
Virginia - NORML

Its like it is in all states. Even though its superficially legal you risk getting nailed by an overly ambitious prosecuting attorney.
 
It's very clear on NORMLs site:

Cultivation: Any amount felony 5 - 30 years $10,000

By growing Cannabis plants you are at risk of being arrested and convicted of a felony, and spending 5-30 years in prison and paying $10,000.

What is the chance that you will get caught? That's where the real risk is. Most growers are caught because they tell someone else, I think. With your situation, I would talk to some local Marijuana lawyers (DaMagoMan's info) and see what the normal outcome is for someone caught growing in VA, without consideration for "why".

I hope you can get it growing without remorse. Security and secrecy being the key. Best wishes. :peace:
 
California welcomes you. Go west young man and seek your fortune.

Pretty much legal out here for the MMJ patients.:peace:
 
Thanks for all of your replies...

We will be moving to a state of legality for someone with my condition... we have to pay off a few more bills before we can afford to go though.

I am tired of having to take so many pills and be in a zombie state to get any relief. I just wish Va would see the light.

I think it is the right of every citizen to obtain pain relief by any means as long as it does not endanger or harm anyone else.

I am a highly decorated retired and disabled veteran who is unemployable because of my disability. All I seek is pain relief and the ability to get just one good night of sleep.

I think, in my case, the reward outweighs the risk. As others have said... security and secrecy are the key.

... and if for some inexplicable reason I were to be caught, I will let a trial jury decide whether or not I am entitled the same relief that other citizens of our blessed country receive. I will put Virginia's symbolic law to the test.
 
Virginia's "symbolic" law permits me to possess MMJ if I have a prescription from a doctor. How would I obtain it, if I were not able to grow it? Catch 22.

If I fly to Cali, and see a doc in one of the clinics there and present over six years of medical records with diagnostic tests to back them up, will docs write a prescription? I am not talking about acquiring an MMJ patient card from the state, just a prescription from a doc. Va law prohibits docs from being prosecuted for prescribing MMJ.

Do I need to be a Cali state resident to present myself at a Cali clinic for a prescription?
 
TimberMist said:
Virginia's "symbolic" law permits me to possess MMJ if I have a prescription from a doctor. How would I obtain it, if I were not able to grow it? Catch 22.

If I fly to Cali, and see a doc in one of the clinics there and present over six years of medical records with diagnostic tests to back them up, will docs write a prescription? I am not talking about acquiring an MMJ patient card from the state, just a prescription from a doc. Va law prohibits docs from being prosecuted for prescribing MMJ.

Do I need to be a Cali state resident to present myself at a Cali clinic for a prescription?
Click to expand...

Mr TM, you have to be a California resident. When and if you do come it's a pretty simple matter to get Dr recommended for Medical Cannabis. I suppose you could get a recommendation from a CA Doc...let me make a call Monday and I'll post what I find out. Read your local law, it may read a Doctor who is also a Virginia resident. :peace:

Sgt S...In California you do not have to worry about the Feds (DEA), they only fuck with MCDs (where they sell it) and big time growers. They don't dare fuck with sick individuals...too much bad press.
 
Pinch... thanks.. Va state laws says prescription from a doc licensed to practice, doesn't specify state. Wife and I are already looking at cost of a ticket to Cali. I really appreciate you making the call.

Sgt... I know what you saying. We are from Ohio and that is where our family is at. Cultivation there is a simple misdemeanor; we may have to move back home. If I could figure out the interpretation of law here it would make things so much simpler. I have sent an email to 2 different NORML lawyers in reference to my original question... is cultivation the same as manufacturing when referencing the requirement for conviction of intent to distribute. If I can grow for my own use and only be charged with a misdemeanor, that would be great. However they have yet to reply. They probably want a retainer before they answer my question.
 
Mr TM, I'll find out then. Any licensed Doctor? Cool.

Sgt S, right you are, DEA is messing with the medical cannabis program that has been legitimatizing itself each of the last 11 years in California with a landmark definition of 215 and 420 just last month by State AG - Jerry Brown...yet another nail in the DEA's coffin.:clap:

Read ..Attorney general proposes sensible rules on medical pot
 
Pinch... I got your PM... Thanks... I have been following it.

Medical Marijuana: PTSD Victim Sues West Virginia Pain Management Center for Dismissing Him Because He Smokes Marijuana for Relief | Stop the Drug War (DRCNet)

West Virginia Record | Pot smoker sues for getting dismissed from pain management center

What they are doing to our troops over there is pretty fucked up. I was pretty fortunate as I was a marine engineer my entire career and stayed on the boats. I was forced to retire with a messed up spine a few years ago.

However, in the Army, it is no longer about your military occupational specialty (MOS) and more about boots on the ground. Everyone is considered a "Soldier" first. Our boats have been locked up and my friends are now serving as convoy security for corporate institutions or as checkpoint sentries and getting themselves blown the fuck up.

This soldier in the article is suing because the clinic will no longer treat him for PTSD because he uses cannabis, but it would be okay for him to drink himself into oblivion or take a shit ton of psychoactives his shrink prescribes. And, if he assaulted his family, he would be in jail and the govt would just mark him off as another statistic on returning soldiers, PTSD, and domestic abuse.

I can guarantee this will be settled out of the court. They do not want the bad press and backlash from this one. WTF does the clinic think PTSD is? The agreement they had him sign violated his civil rights to begin with. I am surprised his congressman hasn't jumped on this one. Then again, his congressman may not want to be labeled as an advocate. Spineless.

As for my situation...

Since I have received no response from the NORML lawyers, I have sent my emails to the NORML foundation themselves. I think their chart on our laws may be misleading.

There is no reference to cultivation on the VA law books, other than the statute for drug paraphenalia. I can find in no court case where an individual has been prosecuted for cultivation for one's own use. Only manufacture with intent to distribute. All others are possession in which I did find a whole lot of "nolle prosequi." This is the prosecutor has discontinued charges before trial.

I think NORML may have it wrong on their site or should clarify the difference. As much as I have read in the VA law, cultivation for one's own use is simple misdemeanor possession. At least I am hoping, but still need clarification. I am not a lawyer.

I appreciate you making a call to the clinic. I should think I would be permitted to obtain a prescription from out of state. It should be no different than if I were to travel out of state to see a different doctor as a burn victim, for cancer treatment, for drug treatment, etc etc etc. However our laws about MMJ are real finicky these days.

Thanks again and I am hoping for the best.
 
DaMagoMan - I sent my email to the two listed in the Norfolk area. Dan Miller and Joseph Pennington. The statement about the retainer was meant to be a joke. In all fairness, me email was sent during the middle of the week.

However things may be looking up... I found this on wikipedia...

"Virginia had some of the lightest penalties for cultivation in the United States; cultivation of any amount for personal use counted as simple possession (otherwise it carried felony penalties of up to 35 years imprisonment). In at least one case, a defendant with a massive grow operation of several hundred plants testified that it was all for his own use and a jury handed down a conviction for possession only. Possession is currently an unclassified misdemeanor punishable by 30 days in jail and a $500 fine for a first-time offense[3]. A second offense is a class 1 misdemeanor punishable by a year in jail and a $2500 fine."

This goes inline with what I was comprehending in reading the statutes. I may be in the right state after all.
 
CA doctors don't give out prescriptions for MMJ anyway. They give recommendations. I don't think that would satisfy the letter of the VA law. Good to hear it may not be so bad there in the homeland of revolutionary hemp production.
 

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