xstation420
Well-Known Member
I have my medical marijuana license and i have 7 plants, i would like to grow more so i wanted to get my wife her license so we can grow 14 plants. Will that still be legal?
Can I grow 14 plants if my wife gets her license?
- Thread starter xstation420
- Start date
bonuslazer
Active Member
As far as I know you are allowed 6 adult plants per license (or 12 youngsters). I'm not an expert so I don't know how two people would work
cooknsmoke
Active Member
yes, you can, but always check out your county limits as well because certain county allow more. however, it is always wise to follow the CA SB 420 guideline of 6 mature and 12 immature plants.
DoctorGanoobies
Member
Dan, do you have any evidence of that to back that up?
Warrentheape
Member
Pretty sure your wrong.
Dan Kone
Well-Known Member
My lawyer said it was legit.
http://www.safeaccessnow.org/article.php?id=5876
"The defendant, Patrick Kelly, is a qualified medical marijuana patient treating a number of conditions, including hepatitis C, chronic back pain, and cirrhosis. Kelly was arrested in October of 2005 for possessing 12 ounces and cultivating 7 plants at his home in Lakewood, California. Kelly was convicted a year later by a jury, which concluded that he had exceeded the state-imposed "limits" of 8 ounces of dried medical marijuana and six mature plants. California's Second Appellate District Court overturned Kelly's conviction on the grounds that legislatively-imposed limits on possession and cultivation of medical marijuana are an unconstitutional restriction to a voter approved initiative (Proposition 215, the Compassionate Use Act of 1996). "
cooknsmoke
Active Member
Dan is partially right, although he is not completely wrong! This is where understanding and interpreting the law is critical.
here is the actual document People vs. Kelly
http://www.courtinfo.ca.gov/opinions/documents/S164830.PDF
for most of you, its like pulling your hair when reading something so lenghty and boring. everybody who read this will all have different interpretation of the ruling, while others will stop at the 4th page
. however, if you want to read something shorter than check this out.
https://www.rollitup.org/indoor-growing/309404-busted-9.html
here is the actual document People vs. Kelly
http://www.courtinfo.ca.gov/opinions/documents/S164830.PDF
for most of you, its like pulling your hair when reading something so lenghty and boring. everybody who read this will all have different interpretation of the ruling, while others will stop at the 4th page
. however, if you want to read something shorter than check this out.https://www.rollitup.org/indoor-growing/309404-busted-9.html
Dirty Harry
Well-Known Member
I would not bet my freedom on what one lawyer says. Judges don't always agree and the lower ones get over ruled by the higher ones from time to time. I would tread lightly and research the crap out of this one. Remember, one judge can say good to go only to have another say NO WAY...and you just went from being right to being wrong.
xstation420
Well-Known Member
Thats great! I thought we were aloud 7 plants but luckily 1 turned out to be a male(gone), I'm definitely going to get her a license; And about the people v. Kelly deal, With a good enough lawyer stuff like that can and does happen. I just would rather follow the laws and not have to go to court in the first place. haha
+rep to everyone!
+rep to everyone!
Dan Kone
Well-Known Member
Judges do often rule against a supreme court precedence.
BluffinCali
Well-Known Member
Right now you can grow as much as want provided you can prove that amount is for personal use only, according to state law, but you never know what local authorities will do. I personally have a set amount documented with my doctor, so in principle at any one time I shouldnt have any more than a years supply If I want a legitimate argument if it came to court. Around where I live, before the supreme court ruling, some got raided and got their plants/medicine taken, arrested but charges have always been dropped providing their isnt other factors like selling infractures or other drugs involved. Im growing a few more than the standard 6/12 that most counties want, but Im growing what I need to cover the amount I have documented. I dont advise on going overboard and growing 50 plants under one liscense, although I know some who are treating the law like an all out free for all, which in my opinion will only make the medical seen look a little more legit growing for medicinal purposes. Just be smart and dont get too greedy, Ive seen it happen to people and it doesnt always work out very good. Take care everyone, peace!
PlainViewCCM
Member
In fact the limits of plant grows continues and is not affected by this court ruling. What is affected is the actual "bud" or processed product you can possess. SO basically, your municipality calls the shots on the number of plants, but the state has no business about your yields or what you are carrying. That was the ruling. This is settled case law in the State of California for the most part. Believe me, if you grow 99 plants in an area that does not allow you to grow that many, you may be in trouble.
I help keep people compliant, so we keep track of these developments very closely.
Cheers and good luck,
John
Founder - PlainView Systems, LLC.
I help keep people compliant, so we keep track of these developments very closely.
Cheers and good luck,
John
Founder - PlainView Systems, LLC.
California
SUMMARY: Fifty-six percent of voters approved Proposition 215 on November 5, 1996. The law took effect the following day. It removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a "written or oral recommendation" from their physician that he or she "would benefit from medical marijuana." Patients diagnosed with any debilitating illness where the medical use of marijuana has been "deemed appropriate and has been recommended by a physician" are afforded legal protection under this act. Conditions typically covered by the law include but are not limited to: arthritis; cachexia; cancer; chronic pain; HIV or AIDS; epilepsy; migraine; and multiple sclerosis. No set limits regarding the amount of marijuana patients may possess and/or cultivate were provided by this act, though the California Legislature adopted guidelines in 2003.
AMENDMENTS: Yes. Senate Bill 420, which was signed into law in October 2003 and took effect on January 1, 2004, imposes statewide guidelines outlining how much medicinal marijuana patients may grow and possess. Under the guidelines, qualified patients and/or their primary caregivers may possess no more than eight ounces of dried marijuana and/or six mature (or 12 immature) marijuana plants. However, S.B. 420 allows patients to possess larger amounts of marijuana when such quantities are recommended by a physician. The legislation also allows counties and municipalities to approve and/or maintain local ordinances permitting patients to possess larger quantities of medicinal pot than allowed under the new state guidelines.
SUMMARY: Fifty-six percent of voters approved Proposition 215 on November 5, 1996. The law took effect the following day. It removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a "written or oral recommendation" from their physician that he or she "would benefit from medical marijuana." Patients diagnosed with any debilitating illness where the medical use of marijuana has been "deemed appropriate and has been recommended by a physician" are afforded legal protection under this act. Conditions typically covered by the law include but are not limited to: arthritis; cachexia; cancer; chronic pain; HIV or AIDS; epilepsy; migraine; and multiple sclerosis. No set limits regarding the amount of marijuana patients may possess and/or cultivate were provided by this act, though the California Legislature adopted guidelines in 2003.
AMENDMENTS: Yes. Senate Bill 420, which was signed into law in October 2003 and took effect on January 1, 2004, imposes statewide guidelines outlining how much medicinal marijuana patients may grow and possess. Under the guidelines, qualified patients and/or their primary caregivers may possess no more than eight ounces of dried marijuana and/or six mature (or 12 immature) marijuana plants. However, S.B. 420 allows patients to possess larger amounts of marijuana when such quantities are recommended by a physician. The legislation also allows counties and municipalities to approve and/or maintain local ordinances permitting patients to possess larger quantities of medicinal pot than allowed under the new state guidelines.
drherbalist
Member
That would be a legitimate argument. I guess we're just going to have to let certain cases play out in court.
Cransi
Well-Known Member
6 or 12... not both correct? I wonder how many misinterpreted the wording if it is not both.
Also, when at my local club I asked about the donation process while glancing at their clone choices. I mentioned I was at my limit(6)... an he starts to mention that there is no real limit any more, it all depends on what the patient needs. I think that is how he briefly explained it. Since then I have been tryin to find any news on resent Supreme Court of California rulings... nothing yet that coincides with what I think he was talkin about. I might have overlooked it, I would like concrete info before I grow over what is stated in Prop 215/S.B 420 or my Doctors recommendation.
KlosetKing
Well-Known Member
i would assume they are taking into account an average 50/50 ratio on seeds. meaning you can plant 12, flower them, and upon determining sex, keep upwards of six females, tossing the rest (would suck to get some absurd luck like 10 fems and need to toss 4).
Cransi
Well-Known Member
How does that work if I want a mother to clone from, would it be like 1 mature an then 10 immature? For now I am just keepin it safe an staying at a 6 count. My neighbor is a MM patient also so he can get 6 clones to.
KlosetKing
Well-Known Member
that is a very good question and i do not know.