99 plant rec

swampgrower

swampgrower

Well-Known Member
did no one see the cnbc clip of the mmj show. they went to a garden that had there paper work and they left without any issues. and they had a warrant. it was some lauoceans i know i didnt spell it right
 
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lostNug

Well-Known Member
its all up to the feds. collective law is only a state law and federal law overpowers any state law. so if you have the feds at your house ur fucked. local cops, you might be ok. untill Obama apoints a new head of DEA like he said he would to stop federal raids on state cultivation, dispesaries etc..., the feds will keep raiding shit. The guy that is the head of DEA today is the same guy that Bush apointed so thats why he is very anti marijuana.

I did see something interesting a few months ago thought. My gf worked at the "Kush" dispensary in Venice Beach when it got raided and the weird thing was is that it was NOT the feds, but local cops with a warrant from the california medical board. From what I heard (dont know how true) but I guess a cop tried to go into on of their doctors office to get a medical lisense and he was denied so that is what caused the raid (once again I dont know how true this is). There was a video of the whole raid on youtube, it might still be there, just search venice beach kush raid or something like that
 
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BrockMonday

Active Member
The 99 plant rec is worthless. There is no law that says that rec is valid. It is just a way for the Doctor to juice you for more cash.
 
collective gardener

collective gardener

Well-Known Member
HUSTLERBOY20 said:
That recommendation is nor-cal which doesn't really help me much since i live in so cal..so as for this garden you just plant each persons recommended crop on a plot of land and get the paperwork to say that each person grows on that land for personal use and call it a day? or can you donate it to a dispensary or something? i want to be a caregiver since i get great joy making oil for my mother because of her rhumitism and arthritis but need to grow more then what i can to provide a steady flow of flowers.
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Your mother's condition would be one of the few cases when a 99 plant rec would hold water. We have a Collective Association settup by an attorney. Many of our members have 99 plant recs. Basically, the state cannot tell you how many plants you can grow...regardless of the rec. You can grow as many as is reasonable for your condition. The State Supreme Courst decided that one. But, if you exceed the 6/12...regardless of what your rec says, be prepared to show evidence of why you (or your mom) needs more plants. Out attorney likes the "edibles made with keif" argument. Nothing uses more buds than that method of using the meds.

Alot of bad info on this thread about collectives and how you get paid. It's really easy. You can charge what it cost to grow it. That includes rent, power, nutes, atorney fees, labor, etc...The labor is where you can legally earn money growing. Your hourly rate must be reasonable. As long as all you're charging for is the actual costs, there's no profit and you will be within state guidlines. That's it...straight from the mouth of our lawyer, who is a cannabis business atorney.
 
Vick82

Vick82

Well-Known Member
HUSTLERBOY20 said:
than how is it shops get busted all the time by the fed's then ?
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They dont pay all there taxes most of the time. Or they get greedy and skim a lil to much one to many times. You gotta have a good head around the money generated, or it will bring you down. You do your business proper and LEGAL as possible, im sure the feds wont mess with you. At least thats my opinion.
 
collective gardener

collective gardener

Well-Known Member
Vick82 said:
They dont pay all there taxes most of the time. Or they get greedy and skim a lil to much one to many times. You gotta have a good head around the money generated, or it will bring you down. You do your business proper and LEGAL as possible, im sure the feds wont mess with you. At least thats my opinion.
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I don't know about all that. Where did you get that info...or is this just a theory?

Staying compliant to state law isn't too difficult. But, according to our attorney (who represents growers and dispensaries), 95% of all dispensaries are not in compliance. A perect example is when a dispensary charges say $20/gram and say $110/quarter oz. for the same weed. You cannot do that. The price is based on the cost of production. To stay not for profit you can only charge customers the money that it costs you + your costs. But, it doesn't cost THAT much more to sell grams over 1/4's. I can see a couple bucks in additional labor dealing with the small amounts, but you'd have a hard time even proving that. To stay 100% compliant, our cost is our cost...regardless of the amount purchased. That keeps us confident that we're staying legal. Most of these guys are breaking the law in several ways. If the local or federal law enforcement wants to bust them, they can do it without any problem. It's out job to get compliant and MAKE it a problem. If all of us just played 100% by the rules, we would start seeing less and less raids. These raids cost alot of money. If none of them resulted in a conviction, they would stop happening. Furthermore, if we're 100% compliant, we can sue for or product back or force the agency to pay damages. When enough agencies are forced to pay for siezed product, the siezures will stop. Right now we're making it too easy for them.
 
cooknsmoke

cooknsmoke

Active Member
collective gardener said:
I don't know about all that. Where did you get that info...or is this just a theory?

Staying compliant to state law isn't too difficult. But, according to our attorney (who represents growers and dispensaries), 95% of all dispensaries are not in compliance. A perect example is when a dispensary charges say $20/gram and say $110/quarter oz. for the same weed. You cannot do that. The price is based on the cost of production. To stay not for profit you can only charge customers the money that it costs you + your costs. But, it doesn't cost THAT much more to sell grams over 1/4's. I can see a couple bucks in additional labor dealing with the small amounts, but you'd have a hard time even proving that. To stay 100% compliant, our cost is our cost...regardless of the amount purchased. That keeps us confident that we're staying legal. Most of these guys are breaking the law in several ways. If the local or federal law enforcement wants to bust them, they can do it without any problem. It's out job to get compliant and MAKE it a problem. If all of us just played 100% by the rules, we would start seeing less and less raids. These raids cost alot of money. If none of them resulted in a conviction, they would stop happening. Furthermore, if we're 100% compliant, we can sue for or product back or force the agency to pay damages. When enough agencies are forced to pay for siezed product, the siezures will stop. Right now we're making it too easy for them.
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I do agree with you for the most part but not all lawyers are right. Being in compliant can be base on a few things beside cost. for instance, if you have a more expensive setup then wouldn't your agrument hold true that someone can charge more for their medication base on their expense of producing the goods? so there isn't a fixed number that would state how much it would be legal or compliant for a patient to donate his or her meds. Agruements like that never really hold in court. Instead, its all about the other legal agruements in court that counts. State can bust you, but if you are under state juristriction and you have a state medical card then (following the rules too of course) its hard for them to really bust you unless you doing something that would warrant a bust. Federal on the other hand, there is NO legal MJ defense. So for some unlucky reason, a fed try to make an example out of you, you will face the full brunt of the fed legal system regardless if you are compliant or not. I do however, totally agree with you that most people are making it too easy for a bust.
 
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