What do they mean, exactly, by "6 plants"?

T.H.Cammo

Well-Known Member
Ok, my county says I can grow "6 plants". Does that mean 6 in flowering stage, 6 clones (plus a mother plant), or 6 total - no matter what? Is there a legal ruling or definition that really spells it out? How do the rest of you interperate this?
 

phishtank

Well-Known Member
12 immature or 6 mature per patient. If you have more then that plant count with or without a larger reccomendation from your doctor you better have a damn good defense attorney and a good reason why you need more then the state minimum of 12 or 6. Just because someone gets a plant rec for 30 plants...doesnt mean they are safe from getting arrested and held. only way to stay COMPLETELY safe is to stay at or under that 12 immature or 6 mature per patient number.
 

BigJon

Well-Known Member
12 immature, 6 immature

I like to put out 6 Jack Herer's because you can harvest all of them mid to late September. In the meantime, because your other plants are just starting to bud you can make the case for them still being "immature."

Although it doesn't seem like the helicopters in California even care about all the grows they see.
 

Kevdogg5555

Well-Known Member
bigblockhead is right, their is no determined "law" in place that can regulate how many plants you grow. City can place their own mandates but the state ultimatlely has the verdict. Grow how ever much you need for a one years supply, growing one outdoor season. Someone may need only 6 plants, someone may need much more. depends of the patients needs
 

T.H.Cammo

Well-Known Member
Thanks for the responce! I understand the "12 or 6" part, it's the big fat "or" stuck in the middle that gives me trouble. If the "or" was replaced with an "and", everything would be fine. Here's what I mean.

A resonable person could interperate "or" to mean "either or" - meaning you could have 12 immature plants or 6 mature plants - but not both. Meaning that if I have 6 plants that are flowering, that's all I can have; because I chose the "6 mature plant" option.
With a very small stretch of the imagination, another reasonable person could interperate that "or" differently. Meaning I can have 12 plants in the immature stage, but only 6 in the flowering stage - implying that I can have a total of 18 plants at any given time.

The way it's worded, "12 or 6", just seems a little arbitrary - after all, we can't have it both ways. Obviousely, what I'm getting at is that 6 mature plants don't just emerge out of a vacuum. If a strict 6 mature plants only rule is enforced, we would have to start from scratch after every harvest, using feminized seed or purchased clones. This sounds like a legal "Hoop" you might have to jump through, but not very practical!


I was glad to see Bigblockhead's responce, post #6, saying that "12 or 6" was "thrown out" as being non-conducive to the intent of Prop 215, because I am in California. But the aftermath of that still leaves the number of plants acceptable a little unclear. I need to do a bit more research!
 

kpmarine

Well-Known Member
Thanks for the responce! I understand the "12 or 6" part, it's the big fat "or" stuck in the middle that gives me trouble. If the "or" was replaced with an "and", everything would be fine. Here's what I mean.

A resonable person could interperate "or" to mean "either or" - meaning you could have 12 immature plants or 6 mature plants - but not both. Meaning that if I have 6 plants that are flowering, that's all I can have; because I chose the "6 mature plant" option.
With a very small stretch of the imagination, another reasonable person could interperate that "or" differently. Meaning I can have 12 plants in the immature stage, but only 6 in the flowering stage - implying that I can have a total of 18 plants at any given time.

The way it's worded, "12 or 6", just seems a little arbitrary - after all, we can't have it both ways. Obviousely, what I'm getting at is that 6 mature plants don't just emerge out of a vacuum. If a strict 6 mature plants only rule is enforced, we would have to start from scratch after every harvest, using feminized seed or purchased clones. This sounds like a legal "Hoop" you might have to jump through, but not very practical!


I was glad to see Bigblockhead's responce, post #6, saying that "12 or 6" was "thrown out" as being non-conducive to the intent of Prop 215, because I am in California. But the aftermath of that still leaves the number of plants acceptable a little unclear. I need to do a bit more research!
There is no acceptable number of plans per-se, at least not in regards to state law. The court ruling established the law as unconstitutional. Meaning at this point, don't grow more than your lawyer advises as defensible. The only number that is too many legally, is more than you need for medicating. Hence why you need some doctor-lawyer collaboration before you will ever have a solid answer that you can really trust. The problem is that the defensibility of your grow is entirely dependent on what you're growing for, means of intake, even plant yield and grower skill could effect it in theory.
 

kpmarine

Well-Known Member
im pretty sure its up to your county on how many plants one can grow. actually i know it is.
County law cannot override state law. If the state sets the limit at "medical need", the county cannot put a set number. Those are GUIDELINES to keep you from getting shit from the local PD, and nothing more. You can grow 300 plants and have 600lbs in your house, technically it's not illegal if your lawyer and doctor can establish that you have a medical need for those quantities. I know that particular example is a bit extreme, but you get the idea.
 

curious2garden

Well-Known Mod
Staff member
Actually as far as I know They can regulate no lower than state mandated numbers
Exactly they can allow more but not less. Contrary to popular belief police can not interpret law, only enforce it. These type of rules are more for guidance on when to arrest. Depending on your county's law enforcement interpretation, from the DA's they take their cases to, those numbers are the don't get arrested numbers.

Everyone else risks receiving an invitation to make their argument in court. If you have ever been invited to participate in our system of jurisprudence you will rapidly come to appreciate just how little you want to have to make an argument. Even though you may get kicked loose you still lose. This goes even more for the Feds no hope of a pro se appearance in Federal Court working out, those guys don't play games.

Finally, if for some reason people want to be rid of you, they just phone the Feds and your goose is cooked (if it's the right person calling). I consider that the asshole rule (ie be a big enough jerk and 'they' will find a way to take you down). The way that usually goes is you piss off the local LEO so they let their fingers do the walking through the digital Rolodex; IRS, Franchise Tax Board, BOE, Code Enforcement, Air Quality Management etc.. etc...
 

SFV KINE

Member
Growers,

I abide by the CUA & use the SB420 guidelines as a floor not a ceiling!

My lawyers and I feel that our REAL collective is safest by being conservative and simply growing 6 mature trees per active member patient!!!

We use satelites and we never grow more than 99 @ any one site...

In SoCal LE is actually pretty cool if YOU are compliant, professional, legal, organized, represented, and knowledgable!!!

Never upset the FEDS!!!

Fly beneath the radar, value your anonimity, never let them see ya coming...

And if they come, and they do, be prepared for battle its the best course of action if ya wanna be a REAL operator!

Good Luck Irieites!!!

"Peace, Love & Prosperity be with us all" -Bob Marley 1978
 

dirtsurfr

Well-Known Member
I grow 6 plants a year, last year was a poor year for were I live but I'll have around 2 pounds left when I harvest
this year in late Oct.
If you have a Lawyer and want to make it big go for it.
But I believe that they will decriminalize it some day and you won't make anything growing weed.
The law in my county says 6 mature or 12 immature, I don't care what the state says what I can grow
it's the county Leos that'll be pulling them up and ruining my day. Be safe and enjoy.
 

Vindicated

Well-Known Member
Has anyone with more then six plants ever had a visit by the police?

Last year I only had six plants growing and the local city police came by twice to check on my grow. Other then scaring the shit out of me for showing up unannounced, they haven't said my grow was a problem. In fact they didn't even ask for my papers or give me grief. They just did a quick search of the entire yard, said thank you and have a nice day, then left. It's been a year since their last visit but I really want to go beyond my six plants. I've been asked by two neighbors to help them grow. One is in a wheel chair from an old stroke and suffers from seizures while the other is recovering from gun shot injuries. He was a kid, only 18 years old and was hit three times in the chest with a .38 hollow point while he was walking home from school. Both of these people have their card and can't grow for themselves. I've been saying no because I don't want to get in trouble.

I would really like to be able to grow 8-12 plants, just not sure how to go about keeping things legit. I grow outdoors, so I only have one season and I grow enough to last for the entire year. Would all I need is a photo copy of their recommendations and state identification? Also, with one being 19 or 20ish now, would that cause any problems? Getting photo copies of their paperwork and verifying it wouldn't be a problem. Also I'm not aware of any limits imposed by my city. I know my county says no outdoor grow in unincorporated areas, but I'm in a city that's incorporated, so no conflict there.

I don't sell to anyone, not even dispensaries. I keep my plants well out of sight. You couldn't see them even if you popped your heads over the fence and access is restricted with locks and a security system. I treat my meds like firearms.
 

Vindicated

Well-Known Member
Also would I have to do all the legal paperwork for starting a cooperative even if no money was exchanging hands? I do have an incorporated business, but it's registered as an S class corporation, meaning its for-profit.
 

curious2garden

Well-Known Mod
Staff member
......snip.......I've been asked by two neighbors to help them grow.
If you are growing outdoors the simplest way to help them would be to take some clones off yours, go over to their house and plant the clones, you rooted earlier, in their respective gardens. Then just visit every few days and take a look and teach them. So that eventually they can do it themselves.

This saves you paperwork, risk and hassle.
 

collective gardener

Well-Known Member
Remember, for under $300 in most cases you can talk with an attorney in your area that specializes in cannabis law and can lay out all the "rules" of the area. If you base your plant count on replies here...well...let's just say your incarceration is no loss to humanity. Be smart, be safe, be legal...see an attorney before pushing any limits.
 
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