How Many Plants Can You Grow Before The Police Class You As A Dealer?

mrFancyPlants

Well-Known Member
I've heard that's the rule of thumb for the DEA, not local law enforcement. That's also assuming you don't piss them off, in which case there is no safe amount.

Local law enforcement can currently harass you for whatever amount of plants they like, but it's generally based on the plant limits in your local area. You can then go to court and mount a medical necessity defense for an unlimited number of plants. Unfortunately they don't reimburse you for time and expenses if you win, so they've still effectively fucked up your life, which many times is all they're after.
 

mr2shim

Well-Known Member
I've heard that's the rule of thumb for the DEA, not local law enforcement. That's also assuming you don't piss them off, in which case there is no safe amount.

Local law enforcement can currently harass you for whatever amount of plants they like, but it's generally based on the plant limits in your local area. You can then go to court and mount a medical necessity defense for an unlimited number of plants. Unfortunately they don't reimburse you for time and expenses if you win, so they've still effectively fucked up your life, which many times is all they're after.
That only goes for MMJ states. As for the majority of the country, you go to jail.
 

mccumcumber

Well-Known Member
Oh, ha, yeah. I guess I need to pull my head out of my ass - not everyone lives in CA. :smile:
True. But everyone that matters does.
Furthermore, this was said a while ago, but I'm not too lazy to get my card... I have it. And I'm still for prop 19. I want my friends that are too lazy to get their cards to be able to grow with me :)
 

mccumcumber

Well-Known Member
Here you go Veggie, proof WITH CITATIONS from the proposition. I don't know why you would need constitution citations, if there's something in specific that you want to know about in the constitution I'll be happy to help you out with that too!
7. Ensure that if a city decides not to tax and regulate the sale of cannabis, that buying and selling cannabis within that city’s limits remain illegal, but that the city’s citizens still have the right to possess and consume small amounts, except as permitted under Health and Safety Sections 11362.5 and 11362.7 through 11362.9.
8. Ensure that if a city decides it does want to tax and regulate the buying and selling of cannabis (to and from adults only), that a strictly controlled legal system is implemented to oversee and regulate cultivation, distribution, and sales, and that the city will have control over how and how much cannabis can be bought and sold, except as permitted under Health and Safety Sections 11362.5 and 11362.7 through 11362.9.
So what (7.) says is that you can't sell or buy in a city that does not tax UNLESS Health and Safety Sections 11362.5 and 11362.7-11362.9 apply to you! Don't know what those are? Well, I'm going to pull them up for you, because they do indeed apply to you (you've said you had your 215 so I'm assuming they do)! Also, since 11362.5 and 11362.7-11362.9 are allowed then you can also grow in that city with a doctors recommendation, since it clearly states those rights will not be taken away.
What ( 8. )says is that the city will take over the buying, selling, and growing in large scale, unless 11362.5 and 11362.7-11362.9 apply to you!
§11362.5. Use of marijuana for medical purposes.
(a) This section shall be known and may be cited as the Compassionate Use Act of 1996.
(b)(l) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows:
(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.
(B) To ensure that patients and their primary care-givers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.
(C), To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.
(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes.
(c) Notwithstanding any other provision of law: no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.
(d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.
(e) For the purposes of this section, "primary care-giver" means the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person. (Added by 1996 initiative Measure Prop 215 §1, eff.: 11/6/96.)



I will give you the link for sections 11362.7 through 11362.9 because I don't want to take up a shit ton of room on this board.
For 11362.7 - 11362.83: http://www.leginfo.ca.gov/cgi-bin/di...362.7-11362.83
11362.9 is for research purposes, feel free to look it up, but unless you work at a research lab in a UC, it does not apply to you.

It's made pretty clear that medical users will not have their rights stripped. Please read the prop in full, and read 215, you should know your own rights.
 

mr2shim

Well-Known Member
True. But everyone that matters does.
Furthermore, this was said a while ago, but I'm not too lazy to get my card... I have it. And I'm still for prop 19. I want my friends that are too lazy to get their cards to be able to grow with me :)
Do you even have a real medical condition? That's the problem I have with MMJ, people abuse it because it's the only way they can legally get marijuana. Then Prop 19 comes around and people are all pissed about it. Are you serious Californians?

I'm glad you're for Prop 19. I bet more people would support it if doctors wouldn't give a MMJ Card to everyone under the sun.
 

mccumcumber

Well-Known Member
No I do not have a medical condition, I just got tired of buying weed and I wanted to grow without getting arrested.
 

mr2shim

Well-Known Member
No I do not have a medical condition, I just got tired of buying weed and I wanted to grow without getting arrested.
No offense to you, but that is exactly what's wrong with MMJ. It's so fucking easy to get on it no one even cares about doing it the right way because you can just get a mmj card and grow an ass ton more than you can with prop 19. Selfish, not everyone wants to bend the laws to fit themselves. Good job again for voting yes.
 

mrFancyPlants

Well-Known Member
You're not from California, so I'm going to assume you either live in a state with no MMJ laws, or one that mistakenly applies MMJ only to cancer and AIDS patients.

California isn't like that. Here we can get a rec for any condition for which MMJ helps out. Sometimes I have trouble sleeping, and sometimes I get aches and pains. MMJ helps me with those - just like OTC medicines like sominex or aspirin do. I would venture a guess that all Californians are eligible for MMJ under our permissive rules.

You can call that a scam, but I don't see it that way. The only scam is that I need a doctor's rec since MMJ is safer than almost any OTC medicine. MMJ should be OTC medicine, and while 19 doesn't really do that it does come close enough for my needs. So - 'Yes on 19', but please don't call CA's MMJ program a scam. It's not.

I would admit that a lot of the voters who passed 215 didn't know this, and probably had cancer and AIDS patients in mind when they voted 'yes', but that's a separate issue. They just couldn't be bothered to read the damn bill(fine by me!).
 
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