Foreverstoned
Well-Known Member
According to the California chapter of NORML, the California supreme court decided that the limits only apply to people who voluntarily apply for, and receive a state ID card. The reason? Prop 215 does not provide immunity from arrest or prosecution, it simply allows the patient to raise a medical use defense in court and have the case dropped once it all has been verified. If a patient gets a state ID card they are actually immune from arrest because they have already been verified by the state to be qualified. However, this immunity comes at a cost: you are subjected to the limits imposed by SB 420, and you have to sign a waiver and anyone who performs a background check on you will know if you have your medical marijuana card or not. As long as you don't grow a stupidly large amount of plants (NEVER go over 99 plants because that is crossing the line from growing for personal use, to growing for commercial use according to the feds) you will be fine if you only have a doctors recommendation. If the police ever harass you you may have to go to court, but as long as your recommendation is valid and you don't have an exorbitant amount of plants you will have the charges dropped.
My reasoning: http://www.courtinfo.ca.gov/opinions/revpub/B195624.PDF
"The CUA does not
grant immunity from arrest. (People v. Mower (2002) 28 Cal.4th 457, 468-469.) It
grants a limited immunity from prosecution. Thus, a defendant may move to set aside an indictment or information before trial or raise a defense under the CUA at trial."
"the Legislature, in 2003, introduced Senate
Bill No. 420, the Medical Marijuana Program (MMP), which added section 11362.7
et seq. (People v. Wright, supra, 40 Cal.4th at p. 93.) The MMP seeks to address
additional issues that were not included within the [CUA], and that must be resolved in
order to promote the fair and orderly implementation of the [CUA] [Citation.] (Ibid.)
To those ends, the MMP, among other things, establishes a voluntary program for the
issuance of identification cards to qualified patientspatients entitled to protection
under the CUA but who do not have an identification card. (§§ 11362.7, subd. (f),
11362.71.) Participation in the program is not mandatory. But there is an advantage to
participating in it: participants are not subject to arrest for possession, transportation,
delivery or cultivation of medical marijuana in an amount established under the MMP.
(§ 11362.71, subd. (e).)"
I am not a lawyer, but from reading that document it seems that you are only subject to the limits if you have the state card, which is not worth getting in my opinion. Just having a recommendation is enough for almost everyone as police will usually not even bother to take the case to court once they verify your recommendation, unless, like I said earlier, you are growing a fuckton of plants. I doubt 14 plants between 2 people would be considered anything worth pursuing. Hell I am doing that same amount for just myself.
My reasoning: http://www.courtinfo.ca.gov/opinions/revpub/B195624.PDF
"The CUA does not
grant immunity from arrest. (People v. Mower (2002) 28 Cal.4th 457, 468-469.) It
grants a limited immunity from prosecution. Thus, a defendant may move to set aside an indictment or information before trial or raise a defense under the CUA at trial."
"the Legislature, in 2003, introduced Senate
Bill No. 420, the Medical Marijuana Program (MMP), which added section 11362.7
et seq. (People v. Wright, supra, 40 Cal.4th at p. 93.) The MMP seeks to address
additional issues that were not included within the [CUA], and that must be resolved in
order to promote the fair and orderly implementation of the [CUA] [Citation.] (Ibid.)
To those ends, the MMP, among other things, establishes a voluntary program for the
issuance of identification cards to qualified patientspatients entitled to protection
under the CUA but who do not have an identification card. (§§ 11362.7, subd. (f),
11362.71.) Participation in the program is not mandatory. But there is an advantage to
participating in it: participants are not subject to arrest for possession, transportation,
delivery or cultivation of medical marijuana in an amount established under the MMP.
(§ 11362.71, subd. (e).)"
I am not a lawyer, but from reading that document it seems that you are only subject to the limits if you have the state card, which is not worth getting in my opinion. Just having a recommendation is enough for almost everyone as police will usually not even bother to take the case to court once they verify your recommendation, unless, like I said earlier, you are growing a fuckton of plants. I doubt 14 plants between 2 people would be considered anything worth pursuing. Hell I am doing that same amount for just myself.
