Can Anyone Clarify the Legal Growing Limit Mumbo Jumbo?

Katatawnic

Katatawnic

Well-Known Member
OK, so I've read and read and read the state law mumbo jumbo that takes hours on end to read, off and on for several years. I'm still confused about the amount of plants I can grow, legally.

I'm in California. Sometimes MMJ law discussions for my state says six mature or twelve immature plants, other times they refer to six mature and twelve immature plants. I completely get the "no more than six flowering" or "no more than twelve vegging" parts individually. That's a no-brainer. :mrgreen:

What about those of us who keep mothers and/or grow seedlings to prepare for flowering while we also have flowering plants, to keep it at least somewhat perpetual and assure ourselves of ability to always have our MMJ on hand? I've yet to see it broken down to the nitty gritty.... is it six mature or twelve immature, six mature and twelve immature, or some combination in between? What is the clarification for our legal amount if it's a combo?

I swear they want us to be confused! :confused: :lol:

I know other MMJ state laws differ, which is why I didn't specify California in the subject line. This way if others need clarification for their states, there's a thread already going without us needing to create one for each state. This is, of course, under my assumption that this isn't already asked and answered in other threads.... but I haven't found one. ;)

Anyone well-hearsed in California's MMJ state laws RE: legal plant limit, that can clarify what the mumbo jumbo doesn't? It'd be greatly appreciated! :hump:

Thanks in advance.... :D
~~ Kat~~
 
Green Cross

Green Cross

Well-Known Member
Katatawnic said:
OK, so I've read and read and read the state law mumbo jumbo that takes hours on end to read, off and on for several years. I'm still confused about the amount of plants I can grow, legally.

I'm in California. Sometimes MMJ law discussions for my state says six mature or twelve immature plants, other times they refer to six mature and twelve immature plants. I completely get the "no more than six flowering" or "no more than twelve vegging" parts individually. That's a no-brainer. :mrgreen:

What about those of us who keep mothers and/or grow seedlings to prepare for flowering while we also have flowering plants, to keep it at least somewhat perpetual and assure ourselves of ability to always have our MMJ on hand? I've yet to see it broken down to the nitty gritty.... is it six mature or twelve immature, six mature and twelve immature, or some combination in between? What is the clarification for our legal amount if it's a combo?

I swear they want us to be confused! :confused: :lol:

I know other MMJ state laws differ, which is why I didn't specify California in the subject line. This way if others need clarification for their states, there's a thread already going without us needing to create one for each state. This is, of course, under my assumption that this isn't already asked and answered in other threads.... but I haven't found one. ;)

Anyone well-hearsed in California's MMJ state laws RE: legal plant limit, that can clarify what the mumbo jumbo doesn't? It'd be greatly appreciated! :hump:

Thanks in advance.... :D
~~ Kat~~
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Most counties say 6 mature, and 12 immature, and 8 oz of bud, but "Larger amounts may be authorized by local cities or counties."

All the counties and their corresponding laws are listed on this web site - linked to NORML

Hopefully the link works
 
Katatawnic

Katatawnic

Well-Known Member
Thanks for the quick reply and link, Green Cross! :D But I've been there several times already (and the links provided to follow for further reading), and it still doesn't clarify the "in between" dilemma. :-| You said yourself (emphasis mine),
Green Cross said:
Most counties say 6 mature, and 12 immature, and 8 oz of bud
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I hear "and" often, but equally often "or" is used.

SB 420 Statewide Default Patient Guidelines: To be as safe as possible from arrest and prosecution, patients and caregivers should stay below the medical marijuana immunity law passed by the California legislature, HS 11362.77, which sets a minimum statewide guideline of 6 mature plants OR 12 immature plants AND up to 8 ounces of processed cannabis flowers. Physician's note exempts larger amounts. Cities and counties empowered to set guidelines that are greater than those amounts, but not less. This is explained in an open letter from the authors of the bill. Also see the Supreme Court's Wright decision at http://www.chrisconrad.com/expert.witness/sb420-03.htm
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If I've got a cycle going so that I harvest one plant every two weeks, then I'll never have more than six plants combined, which is no problem. But what about a mother or two, and therefore taking cuttings for cloning? There wouldn't be six mature plants going at once in this harvest-once-every-two-week schedule, but this is where I get thrown.... the "combo" part. For instance, right now I've got four plants I'll be flipping to 12/12 in about a week, and two seedlings. Six plants total, but since only four will be in flower, I shouldn't now be limited to just the two babies. This would be 2/3 of my mature plant limit, so would 1/3 of the immature plant limit (4 seedlings/clones) be legal?

This is logical to me, but without the state guidelines specifiying the "in between" portion of the "six mature or twelve immature" rule, I can't be sure. And we all know how illogical laws are spelled out all too frequently. :lol: I just want to cover my ass, and especially my fiance's as he's owned by the military.

Anyone who needs MMJ harvested on a regular basis would have either mother/clones or seedlings along with plants in flower. The "or" doesn't begin to define, much less clarify, what's allowed in an "in between" case like this; i.e., less than six mature would mean how many immature would be allowed, to have an "extra" clone per cutting so that if one doesn't take there's a backup clone, without risking legal problems?

I've a feeling that FDD will know the solution to this. Faded, you around? Anyone who can clear up what the minimum statewide guideline is when you've got a "combo" of mature/immature plants growing? Is this actually defined, but buried somewhere deep in the legal mumbo jumbo?
 
Katatawnic

Katatawnic

Well-Known Member
GrowTech said:
Visit this link guys... Your information is available here...

http://www.canorml.org/prop/local215policies.html
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State law, SB 420 (Health & Safety Code 11362.7), which took effect on Jan. 1, 2004, protects Prop. 215 patients from arrest provided they cultivate no more than 6 mature or 12 immature plants and possess no more than 8 ounces of dried marijuana (H&SC 11362.77(a)).
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AAAARRRGGG!!! It still doesn't solve the "in between" case dilemma! :wall: I'm beginning to wonder if this has actually been defined by the lawmakers, anywhere! :lol:

Is there a "grey area" when you've got less than six mature and have immature ones growing simultaneously, or are they saying that you can have either six mature plants or twelve immature, period??? If this is specified anywhere I'd love to see it, because it's certainly not easily found! :confused:

Sorry guys, I'm not trying to complicate things! ;) On the contrary, I'm trying to simplify and solve this once and for all! :mrgreen:



P.S. Thanks, GrowTech! :hug:
 
GrowTech

GrowTech

stays relevant.
Katatawnic said:




AAAARRRGGG!!! It still doesn't solve the "in between" case dilemma! :wall: I'm beginning to wonder if this has actually been defined by the lawmakers, anywhere! :lol:

Is there a "grey area" when you've got less than six mature and have immature ones growing simultaneously, or are they saying that you can have either six mature plants or twelve immature, period??? If this is specified anywhere I'd love to see it, because it's certainly not easily found! :confused:

Sorry guys, I'm not trying to complicate things! ;) On the contrary, I'm trying to simplify and solve this once and for all! :mrgreen:



P.S. Thanks, GrowTech! :hug:
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Well, the validity of these limits is questionable in court... I don't adhere to them, and I wouldn't expect anyone else to. SB420 limits were ruled unconstitutional... You can find out more about what this means here: http://www.canorml.org/news/kellyruling.html

I think more or less, be responsible and don't grow an amount that will make you look shady. :)
 
Katatawnic

Katatawnic

Well-Known Member
GrowTech said:
Well, the validity of these limits is questionable in court... I don't adhere to them, and I wouldn't expect anyone else to. SB420 limits were ruled unconstitutional... You can find out more about what this means here: http://www.canorml.org/news/kellyruling.html
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Very interesting, GT! I've not heard of this till now!

I've been Googling "SB420 unconstitutional" and found this comment on a blog (by the blog author in response to readers' comments) at NORML:

Mendocino’s 25-plant limit was killed by Measure B’s passage this year. For counties that relied on the now-unconstitutional 6-plant rule, the status is unclear. Check California NORML (canorml.org) for details, but attorneys I’ve spoken to have suggested that there may not be any limits now in California.

Don’t take this as legal advice, though. I’m no attorney. You should get in touch with one to be sure.
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Definitely something to research more, although so far I'm not finding anything more recent than about a month or so after the article to which you linked in your last post. Why haven't NORML and other advocates pursued this?! I swear, if I were even partially hopeful about being reliable RE: physical disability and fatigue, etc., I'd sooo be an activist in this area! :hump:

GrowTech said:
I think more or less, be responsible and don't grow an amount that will make you look shady. :)
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Oh, indeed! :mrgreen: I'm not nearly as concerned about myself as I am about my man; if the local law were to ever decide I'm growing "too much" it'll reflect directly on him, and I doubt the military would take too kindly to a "big grow op" being under his roof. I'm not looking to have a huge grow op; I just want to make sure I yield enough for edibles, as that is much more effective against pain than smoking. :cool:
 
S

squirrelfooker

Active Member
There are a few other threads about this. Basically it will be a gray area until there is new legislation. Most counties still stick to the 6/12 rule though. Whether it is OR / AND depends on the officer, the department policy, who, where, the local district attorney, etc. Call your county sheriff and ask, call your DA office and ask. It is the only way to know what they want, and they are what matters when the cops are at the door.
 
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