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Legal guidelines for plant amounts, the truth?

Lusi

New Member
Hey all,

I'm a legal card holding patient in CA and am trying to understand the laws here. My county and city have no special guidelines, so the state ones are the ones to follow. The cops are notorious for raids and arrests while refusing to even allow people to show them cards. One fellow had his card taken with his personal possessions, locked up, then not allow to access the card to show the police. That's a mild story, compared to others I have met. Abuse is on both sides of they law!

The number of plants allowed is throwing me. Is it still 12 immature plants OR 6 mature? What is mature? I had thought the amount of plants was ruled out as unconstitutional, but find all sorts of conflicting info. Is the limit still there, or not? How in the world does one have mature plants to harvest without growing replacements at the same time, then sexing them before flowering?

I also thought the laws for outdoors were by garden size, but can't find info on that. How in the heck are people to follow laws written in legal jargon?!

According to other people I've spoken ,to worldwide, my own garden is considered small. One 2.5x5' flower tent with a set of veg shelves 2.5x1.5 feet. I also want to grow outside, like I did last year before attempting indoors. I haven't had a successful normal harvest yet. Even the 2 gals inside are approaching 90 days and not looking done. This has thrown my perpetual garden plan way off! Plan was 2 plants into flower each month, or 4-6 smaller in a SOG each month. I have only a few grams of dried bud in the house with stickers all over from the dispensary that sold them. $60 for an 1/8 is hard to pay.

I also want to give away extra seeds and plants, but read that even this is illegal?!?!!?!?! I can see how many people would get greedy and see dollar signs, but dangit, giving stuff away to another patient is wrong too? So is trading seeds or clones with other patients? I was hoping to donate plants and seeds to a dispensary or needy patient, if allowed. However, I would want those plants to be given or sold to someone in need. Fat chance on that.

Any advice is appreciated... It's hard to follow laws I can't interpret. :-(

TY!
 

Scott Wheelman

Legal Advisor
420 Staff
Re: Legal guidlines for plant amounts, the truth?

While not a lawyer, this is my understanding of the CA215/420 provisions in regards to your questions:

Mature plants are those producing flowers or buds, immature are those from seedling through the veg. phase.

The number of plants is 12 immature or 6 mature - and can only be exceeded if your doctors recommendation states you need more than the 8 oz max provided for in CA 215/420.

I do not believe that CA215/420 differentiates between indoor vs outdoor grows. Everything I have seen limiting outdoor garden size comes from various localities (cities/counties).

Talk to your local collectives about becoming a caregiver or vendor to get rid of your excess.

Don't forget to check here as well: https://www.420magazine.com/forums/...6-medical-marijuana-programs-state-state.html

:peace:
 

Lusi

New Member
Re: Legal guidlines for plant amounts, the truth?

Thanks for clearing that up! I keep hearing the plant amounts were thrown out, but have found nothing to back that up.

I didn't know dispensaries took plants! TY for telling me! I've been touring through so many of these this past year... It's not easy to find one 100% on the up and up and in it for the patient, not profit or popularity. Now that I've found one, recently, i'd do anything to help them out. I'm confident they'll take my donated monster plants and give them to someone who needs them, not make a pile on them, if anything. :)

Meanwhile, I need to learn to throw all those cuttings out when I trim up the lower branches, and not to stick them in some dirt to see what happens. LOL!

TY!
 

Lusi

New Member
Really?! I know the trimmings from bud leaves are used. I'm talking about the bottom branches which I trim off each time I transplant. The ones that would be half buried in soil. Is there a name for these? This is my first time with clones. The four I bought are bushy, like they"ve been topped over and over. It's a shame to take 12 clone sized cuttings and just throw them out. Are these with no trichs yet good for anything? I need all the medicine I can get! ;-)
 

Caylin

New Member
Where can i find out what my legal rights are in California with a caregivers license? I have a permit to grow 99 plants but what other rights do i have in California. Can you point me in the right direction. Can i legally work with dispensarries? thank you Caylin:reading420magazine:
 

Scott Wheelman

Legal Advisor
420 Staff
Where can i find out what my legal rights are in California with a caregivers license? I have a permit to grow 99 plants but what other rights do i have in California. Can you point me in the right direction. Can i legally work with dispensarries? thank you Caylin:reading420magazine:

Right here on 420Magazine, your COMPLETE Cannabis Reference Source: Medical Marijuana Programs State by State


:peace:
 

McCrackin

New Member
I know the guidelines are 6 or 12, blahhhh, blahh blahh...

In CA if you do small plants less that 4 feet tall you can do 6, and they will not prosecute you in state court if you are a valid CA Qualified Patient... Thats considered reasonable for the precedent.

If you do larger plants 4foot to say 8 foot. more than 1 and you can be prosecuted... in state court according to need. 10 foot plants put off more than a pound sometimes...

If you have a county that has stipulated to guidline... 6 is the magic #. Now there are tons of exceptions and people who will claim otherwise... but DA's don't want to lose and under >6 is considered to be the established reasonable # by state authority admissions.

Now in Upper North Ca, the limit may be 99, but the feds will have a look at anything over 6 fully mature plants.

The Shasta County and the San Diego County eradication teams has DEA on it, but recent court rulings say that when they are in the coordinated teams with state authorities, they fly under the color of STATE LAW. So unless you have more than 6 plants, the current procedures would not include federal authorities at the federal level until they have reason, and their reason is usually more than 10 plants, outdoor tall and big, or over 12 short and stalky, (indoor).

If you are worried about getting busted, first be a real qualified patient then the state H&S Code does not apply to you, second don't grow more than personal need... <6 is too much.

Finally the question you have to ask yourself, Are you trying to avoid a conviction, or are you avoiding all forms of trouble... If it is the later, then you should be covert and only grow your need. And really that is like ~6-10 plants per year.

Now you get the people that claim that's not enough, but really...really. "if you eat it you need more" ok then do 3 6 plant grows per year...for a total of 18.

My 2 cents.

Diversion from the medical arena into the illegality of this thing is our biggest problem because it is impossible to defend an idiots position and not resort to idiot logic. Real qualified patients have no problems with the CA law... that's because the DA won't waste their time on these legitimate patients... when they have a slew of other idiots asking to be caught and busted.
 

Lusi

New Member
Wow, this plant number is a fiasco! I am a legal patient and a disabled veteran. The law for patients in CA is 12 or 6. I'm not worried about being busted, but if I ever am, want to be in the law. It's my family i worry about if I'm not home. It would be a lot easier if it was by square foot instead of plant number.

My plants are under 4 foot, but they are not finishing on time, throwing off my perpetual grow schedule and plant number. 2 in bloom for 90 days and 2 more 60 days, 2 30 days, 2 more due to go in flower on the first. That's six in the tent, but many more in veg phase. Where are you getting the numbers? 12 plants in veg and 6 in flower makes more sense than 12 or 6. I want to have plants outside this summer too, LSTed and FIMed into bushes.

Plants with no buds are considered adult too?
 

McCrackin

New Member
Check it here are some interesting excerpts from the appellate court on this issue....

Language pulled directly from:
People v. Kelly, SECOND APPELLATE DISTRICT, DIVISION THREE, CASE NO. B195624 (Los Angeles County Super. Ct. No. VA092724), Certified for partial publication…
“The CUA provides that the offenses of possession and cultivation of marijuana shall not apply to a patient who possesses or cultivates marijuana for his or her personal medical purposes upon the recommendation or approval of a physician. (§ 11362.5, subd. (d).) The CUA does not quantify the marijuana a patient may possess. Rather, the only “limit” on how much marijuana a person falling under the Act may possess is it must be for the patient’s “personal medical purposes.”
Nevertheless, the CUA does not give patients a free pass to possess unlimited quantities of marijuana. (People v. Trippet (1997) 56 Cal.App.4th 1532, 1549.) Rather, the “rule should be that the quantity possessed by the patient or the primary caregiver, and the form and manner in which it is possessed, should be reasonably related to the patient’s current medical needs.”
In order to avoid any legal challenges, it is important to make a distinction between “qualified patient” (which applies to all patients) and “persons with identification cards.”(Assem. Com. on Pub. Safety on Sen. Bill No. 1494 (2003-2004 Reg. Sess.) June 8, 2004; see also Sen. Health and Human Services, com. on Sen. Bill No. 1494 (2003-2004 Reg. Sess.) Mar. 24, 2004 [the change effected by the MMP “could be viewed as an unlawful amendment to Proposition 215, an initiative that did not provide a mechanism for amendments”].)
The Compassionate Use Act allows a person to possess or cultivate marijuana for personal medical purposes when a physician has recommended or approved such use. The amount of marijuana possessed or cultivated must be reasonably related to the patient’s current medical needs. The People have the burden of proving beyond a reasonable doubt that the defendant was not authorized to possess or cultivate marijuana for medical purposes.”
(Remember that this is after you get arrested and prosecuted, and have to defend in court. A better way would be to avoid all this by keeping the #’s low, below 6 plants, to stay within the confines of the established limits.)
 

Team559

New Member
Awesome Site Here, My First Post yeah !!

... Ok So im Here In Tualre County Ca 559.. I Got my Permit to Grow and smoke Cannabis, Doctor Gave me a permit for 60 plants , i've heard From Locals that im allowed to grow 27 plants outside , and other have said i can grow all 60 but indoor... everywhere i looked for laws around here 6 mature- and 12 immature .. man this is very Confuseing ... Great posts in this Thread..
 

Kannibal

New Member
anything over 99 plants and the fed busts ya and convicts ya the mandatory sentence is 5 yrs....a good reason to stay under 99.If one is a caregiver,cultivator for more than one patient one can grow more than 6 mature plants...5 patients,30 plants.

Where one might be pressing the limit is having too many patients in to wide an area.Patients should be within a reasonable distance ie your own city locale or county.
This is how I understand it with knowledge coming from a 420 mouth piece on retainer.
I am not saying it is set in stone though because one can always be prosecuted federally where MJ is 100% illegal still.

I think prop 215 is so MJ patients can use a medicinal defense if prosecuted and prop 215 preempts any law that came after it to date im told.

Stay off the radar and dont attract a lot of attention and do not get greedy.Do not grow over 99 plants and keep it discreet.Conform to all state laws.

Eric Holder has said that those persons following state laws will not be targeted but they do tend to lie a lot.

This post is only a general idea of 1 persons understanding and if one wants to grow I'd suggest retaining a 420 attorney.
 

dewild1

New Member
Just stay under 50 with scripts stating you can have at least 51.
The feds will not mess with you if you have 50 or less in a coop.
 

Team559

New Member
Just stay under 50 with scripts stating you can have at least 51.
The feds will not mess with you if you have 50 or less in a coop.


yeah my paper work says 60 plants" recommended by Doctor" , i have 19 growing outdoors , locked and fenced in , in a 10x10 chain linked 6foot fence... all of its covered u cant see in ... Should i be worried or am i safe ? :helpsmilie::helpsmilie:
 

dewild1

New Member
yeah my paper work says 60 plants" recommended by Doctor" , i have 19 growing outdoors , locked and fenced in , in a 10x10 chain linked 6foot fence... all of its covered u cant see in ... Should i be worried or am i safe ? :helpsmilie::helpsmilie:
SAFE

:tokin:
 

Team559

New Member
Good news, I contacted Narcotics division in my County.. Aslong as u have script from a doctor u can grow the amount show on your script ... i have my set for a max of 60 so i can grow 60... i also asked about staying under 50 , they said any amount is illegal in the eyes of the feds , aslong as u dont get caught up selling your smoke the feds wont mess with u as long as u follow your script ... i cannot grow Inside my home since i have Kids , i have to grow in an outdoor building useing only lights, it cannot be a green house and cannot use direct sunlight everything inclosed like on of these..

10-x-16-workshop-shed-21264061.jpg
locked of course ...i it has to have a solid Roof... No Chain linked Fence like i have now .. i also asked about growing for others just to ask, and they said Its Illegal in my county ... i asked a few other things just can think right now lol ... Hope this helps others
 
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dewild1

New Member
Good news, I contacted Narcotics division in my County.. Aslong as u have script from a doctor u can grow the amount show on your script ... i have my set for a max of 60 so i can grow 60... i also asked about staying under 50 , they said any amount is illegal in the eyes of the feds , aslong as u dont get caught up selling your smoke the feds wont mess with u as long as u follow your script ... i cannot grow Inside my home since i have Kids , i have to grow in an outdoor building useing only lights, it cannot be a green house and cannot use direct sunlight everything inclosed like on of these..
10-x-16-workshop-shed-21264061.jpg
locked of course ...i it has to have a solid Roof... No Chain linked Fence like i have now .. i also asked about growing for others just to ask, and they said Its Illegal in my county ... i asked a few other things just can think right now lol ... Hope this helps others

Hmm, not sure about that. I have two locked, dead bolted, reinforced doors, with keyless electric locks, (home depot for $69 each), then a hidden door to a grow room.
As long as you have the grow room in a way that kids cannot access it, you should be ok.
Just like a Alcohol cabinet, but way more of a controversial issue.

If you still need to make a greenhouse type of thing, these can not be seen through, yet they let in 70% of the light and makes the light nice so nothing will burn,
Greenhouse Covering R-Factor U-Factor
5mm Solexx™ Panels 2.30 0.43
and do a mylar covering that you can pull over the ceiling, from the inside, if you want to time the hours of light.
 
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