laws for plant counts

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mountaingirl2

Well-Known Member
I will be moving into a town that has limited the number of plants to 12. That is assuming 2 people per household at 6 plants each. My card allows 36 plants and I have a friend's card that allows me another 36 plants. Can a local town over ride what a Dr. says is medically necessary for my health?

If you are going to respond to this please don't guess. I need to know the legalities before I move. So anyone with some knowledge about how this law works, I would love to know .
 
chewberto

chewberto

Well-Known Member
If your doctor recommended it, then you can use the recommendation in court to help convince them you needed that many plants. As of now, only 6 plants holds up from the state, and no matter how many adults in the home "12" plants is the max....

There is no garuntees when you exceed the legal "6" or 12 total household... It's the risk you take...
 
Kanaplya

Kanaplya

Member
I only know California's guidelines. By law, the 12/6 plants regulation is state law. The counties and the cities cannot apply any local laws that would limit state law. They try - I know of several lawsuits because of that. The doctors recommendation for growing (they give 36, 60 and 99 plants or something but 99 max because over 99 violates some other federal law so no doctor will write you one over 99) ...anyway, doctor's recommendation for growing 36 has no state law to back it up and is not recognized by some local regulations. Going and getting a state card from department of public health helps because when you have that, local cops don't wanna deal with you unless you're doing something really stupid. Just call your county's Department of Public Health and make an appointment for the card. So counties sometimes have law that increase limit or no limit at all (like Humboldt). Here's the link to a list by county of their current laws:

http://www.canorml.org/medical-marijuana/local-growing-limits-in-california

But aren't you in Colorado? Do you even need a med card anymore? If not, Colorado should have a similar list somewhere.
 
tannersmokin247

tannersmokin247

Well-Known Member
Kanaplya said:
I only know California's guidelines. By law, the 12/6 plants regulation is state law. The counties and the cities cannot apply any local laws that would limit state law. They try - I know of several lawsuits because of that. The doctors recommendation for growing (they give 36, 60 and 99 plants or something but 99 max because over 99 violates some other federal law so no doctor will write you one over 99) ...anyway, doctor's recommendation for growing 36 has no state law to back it up and is not recognized by some local regulations. Going and getting a state card from department of public health helps because when you have that, local cops don't wanna deal with you unless you're doing something really stupid. Just call your county's Department of Public Health and make an appointment for the card. So counties sometimes have law that increase limit or no limit at all (like Humboldt). Here's the link to a list by county of their current laws:

http://www.canorml.org/medical-marijuana/local-growing-limits-in-california

But aren't you in Colorado? Do you even need a med card anymore? If not, Colorado should have a similar list somewhere.
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that website was awesome, gave me a lot of information, thank you
 
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mountaingirl2

Well-Known Member
Thanks for the info. It was not what I was hoping to hear for sure. But if this is the case than I will look into growing bigger plants. Right now I have a perpetual grow and move each station every 3-4 weeks. But it really just ends up playing the game. I guess I can do that if necessary. Just not ideal. Feels like it is always a moving target to stay in compliance. Happy Growing Everyone
 
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mountaingirl2

Well-Known Member
Kanaplya said:
I only know California's guidelines. By law, the 12/6 plants regulation is state law. The counties and the cities cannot apply any local laws that would limit state law. They try - I know of several lawsuits because of that. The doctors recommendation for growing (they give 36, 60 and 99 plants or something but 99 max because over 99 violates some other federal law so no doctor will write you one over 99) ...anyway, doctor's recommendation for growing 36 has no state law to back it up and is not recognized by some local regulations. Going and getting a state card from department of public health helps because when you have that, local cops don't wanna deal with you unless you're doing something really stupid. Just call your county's Department of Public Health and make an appointment for the card. So counties sometimes have law that increase limit or no limit at all (like Humboldt). Here's the link to a list by county of their current laws:

http://www.canorml.org/medical-marijuana/local-growing-limits-in-california

But aren't you in Colorado? Do you even need a med card anymore? If not, Colorado should have a similar list somewhere.
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Yes I am in Colorado. And I guess I wouldn't need a card if I were only going to do 12 plants. But I think I will plan on a large out door grow for the summer and then dial it way back indoors. So my card will still come in handy. Thanks all.
 
lvtokerr

lvtokerr

Active Member
I believe the 12 plant is for rec. That way you can't say all ten of your cousins live there so you can grow 30 flowering plants...
 
AlGore

AlGore

Well-Known Member
First of all, plant counts don't mean much. Well extended ones. That shit is only gonna help you if you go to court and so does your doctor, not gonna stop the local pigs from taking all your stuff and shutting down your bank accounts if they really want to.

Pretty sure 12 plants is 12 plants, regardless of rec/med. It's mostly their way of getting around med peeps "doubling up". Techinaly there is nothing in the state law keeping a med card holder from growing his 6 medicinal plants and 6 more recreational ones, then throw another resident with a card and bam 12 more plants under state law.

chewberto said:
Yeah, one plant per 1000w and you would be really happy :)
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Wud about 4x1000w all right next to each other over one plant? ;-)

That's why I've always thought it stupid to do anything with plant counts, lol. 6, 12, w/e plants is so arbitary. I could grow 6 autos under an led and get like a few oz of bud back, or I could grow 6 massive giants in the back yard and get 12lbs back.

But w/e pretty sure after a few more grows, 12 plants at a time will be more than enough for me, lol, plus you know, can always go buy more ;-)
 
M

mountaingirl2

Well-Known Member
AlGore said:
First of all, plant counts don't mean much. Well extended ones. That shit is only gonna help you if you go to court and so does your doctor, not gonna stop the local pigs from taking all your stuff and shutting down your bank accounts if they really want to.

Pretty sure 12 plants is 12 plants, regardless of rec/med. It's mostly their way of getting around med peeps "doubling up". Techinaly there is nothing in the state law keeping a med card holder from growing his 6 medicinal plants and 6 more recreational ones, then throw another resident with a card and bam 12 more plants under state law.



Wud about 4x1000w all right next to each other over one plant? ;-)

That's why I've always thought it stupid to do anything with plant counts, lol. 6, 12, w/e plants is so arbitary. I could grow 6 autos under an led and get like a few oz of bud back, or I could grow 6 massive giants in the back yard and get 12lbs back.

But w/e pretty sure after a few more grows, 12 plants at a time will be more than enough for me, lol, plus you know, can always go buy more ;-)
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I am going to call the county attorney anonymously to get clarification and I well let you know what he says. Seems too vague and open to interpretation. I read meeting notes with elected officials when asked if someone could grow 6 plants recreationally and an additional 6 with a card and his answer was "sounds OK to me". Not very reassuring as if this wasn't going to need major clarification. Unfortunately some poor person is going to have to test this in the courts because our idiot officials can't think past their noses. Ridiculous
 
Kanaplya

Kanaplya

Member
AlGore said:
First of all, plant counts don't mean much. Well extended ones. That shit is only gonna help you if you go to court and so does your doctor, not gonna stop the local pigs from taking all your stuff and shutting down your bank accounts if they really want to.

Pretty sure 12 plants is 12 plants, regardless of rec/med. It's mostly their way of getting around med peeps "doubling up". Techinaly there is nothing in the state law keeping a med card holder from growing his 6 medicinal plants and 6 more recreational ones, then throw another resident with a card and bam 12 more plants under state law.



Wud about 4x1000w all right next to each other over one plant? ;-)

That's why I've always thought it stupid to do anything with plant counts, lol. 6, 12, w/e plants is so arbitary. I could grow 6 autos under an led and get like a few oz of bud back, or I could grow 6 massive giants in the back yard and get 12lbs back.

But w/e pretty sure after a few more grows, 12 plants at a time will be more than enough for me, lol, plus you know, can always go buy more ;-)
Click to expand...
Counts do matter depending on local regulation. They cannot restrict it further than 12/6 bc that is the state law but some counties put higher caps and the state law (in Cali anyways) lets them. If you're growing, regardless if it's a small single plant grow or a whole garden, it is your responsibility to know the full extent of state, county and city/town regulations on the issue.
 
AlGore

AlGore

Well-Known Member
mountaingirl2 said:
I am going to call the county attorney anonymously to get clarification and I well let you know what he says. Seems too vague and open to interpretation. I read meeting notes with elected officials when asked if someone could grow 6 plants recreationally and an additional 6 with a card and his answer was "sounds OK to me". Not very reassuring as if this wasn't going to need major clarification. Unfortunately some poor person is going to have to test this in the courts because our idiot officials can't think past their noses. Ridiculous
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That is part of the problem. The rec laws and the med laws are completely separate. Or I guess it's not so much a problem as, is the local sheriff gonna care that you have 5 adults all 21+ with red-cards when he busts your 60 plant "legal" grow that your neighbors called about.

I'm completely ignoring the veg/flower part of things btw, just so there is no confusion about all that, if you have 6 plants, only 3 can be in flower.

Kanaplya said:
Counts do matter depending on local regulation. They cannot restrict it further than 12/6 bc that is the state law but some counties put higher caps and the state law (in Cali anyways) lets them. If you're growing, regardless if it's a small single plant grow or a whole garden, it is your responsibility to know the full extent of state, county and city/town regulations on the issue.
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I'm talking about the "extended plant counts" that the doctor writes on the mmj form. I have 12 and my gf has 36, but it doesn't matter because the state says no more than 6 per patient. Anything over that and you can be prosecuted. Not going to go into the likelihood or that happening, or that your extended count can be used as a defense, just saying that is the law.
 
A

Alchemystik

New Member
Denver city county was the only one to set the "12 plant per dwelling" rule as far as I know.
So, most places are ruled by the 6plant per adult constitutional agreement.
 
Lavender Lady

Lavender Lady

Well-Known Member
Law says it has to be in a "locked enclosure" for any growing to take place. Outdoor grow larger than 12 would need a license of sorts, refer to the CO mm site for license regs. Over 100 plants will get you busted. My Dr gave me a recommendation for 24 but warned again that "6" is what is allowed, and only 8 oz of dried is allowed with those 24 plants. If your a caregiver you are only allowed max of 30 plants. Or 5 people you are growing for (including self). You should get your MM license as it might offer some protection. Most people I know are trying to stick with the regs. All I know is you can give your recommendation to a mm dispensary besides growing for yourself. REmember only half of the amount (allowed) grown must be in veg state and the other half in flower. Good Luck!
 
Indoh777

Indoh777

Active Member
Yep, don't do it outside. Gotta beware the odd cold snap before harvest if you do, too. State constitution also says you can store all the weed you grow. Trumps some measly 8oz medical rule, it seems to me.

Definitely listen to the local rules. Bastards is still crazy enough to mess with your plants.
 
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mountaingirl2

Well-Known Member
Thanks Lavendar Lady. So does outdoor have to be enclosed?? I will take a look at the CO mm site. It just seems that in the last 5 years it has been such a moving target, I cannot stay in regulation for very long. I understand the 1/2 plant count can be in flower at 1 time. But I did not know about the maximum dried oz. I have a plant count of 36 and I have a friend's card with 36. Does that raise the dried allowance? Doesn't
 
Indoh777

Indoh777

Active Member
Here you go buddy.

"(b) POSSESSING, GROWING, PROCESSING, OR TRANSPORTING NO MORE THAN SIX MARIJUANA PLANTS, WITH THREE OR FEWER BEING MATURE, FLOWERING PLANTS, AND POSSESSION OF THE MARIJUANA PRODUCED BY THE PLANTS ON THE PREMISES WHERE THE PLANTS WERE GROWN, PROVIDED THAT THE GROWING TAKES PLACE IN AN ENCLOSED, LOCKED SPACE, IS NOT CONDUCTED OPENLY OR PUBLICLY, AND IS NOT MADE AVAILABLE FOR SALE."

http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=application/pdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251834064719&ssbinary=true
 
SnapsProvolone

SnapsProvolone

Well-Known Member
1) how would they know you have x number of plants unless you all get the cops over there.

2) someone has to challenge the validity of the local ordinance in a higher court. For what it's worth, state law leaves it for local ordinance to decide how to regulate in their jurisdiction. I doubt this ordinance would be changed, more likely a medical patient might get their case thrown out if a doctor testifies this patient required this much material.
 
BadDog40

BadDog40

Well-Known Member
If you get caught with more than 6 with an extended plant count rec you had better have some pretty serious health issues or you will be charged. DA's know that docs hand out those extended recs like candy and they know people can pay extra for them. They are not going to let you slide growing 30 plants cause of a stubbed toe.
 
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