Excess harvest-Will the clubs buy it?

Dan Kone · Oct 8, 2011

collective gardener said:
Just make sure the attorney does nothing but cannabis law.

And make sure you keep your attorney on topic. Mine will start telling you stories on the clock if you don't cut him off and make him focus on the topic at hand. Other than that he's very good.

It's also important to hire the most local 215 lawyer possible. Out of town lawyers might not be as familiar with how your city/county works. It's more than just what the law says, it's how the legal system in your area interprets those laws.

collective gardener · Oct 9, 2011

Dan Kone said:
And make sure you keep your attorney on topic. Mine will start telling you stories on the clock if you don't cut him off and make him focus on the topic at hand. Other than that he's very good.

It's also important to hire the most local 215 lawyer possible. Out of town lawyers might not be as familiar with how your city/county works. It's more than just what the law says, it's how the legal system in your area interprets those laws.

Yes. yes. and more yes. My lawyer pulls the same shit. I have a couple grand worth of really cool stories. I believe that out of town lawyers are 100% worthless. You want the guy that has luch with the DA that will be trying to butt rape you. The best case is one that is never started. This is why we keep a current copy of the patient log and plant count at the lawyers office. In the even of a bust, he code 3's over to the DA's office with the paperwork. The hope is presenting our defense before the DA even knows of the bust. You must convince the DA that this case is a loser as soon as possible. We're looking for those 2 beautiful words: DA Reject.

Dan Kone · Oct 9, 2011

collective gardener said:
Yes. yes. and more yes. My lawyer pulls the same shit. I have a couple grand worth of really cool stories.

My lawyer (Ben Rice) is the lawyer for WAMM and in the Kelly case, so he does have some very cool stories. It's tempting to just listen, but then I remind myself *$950 an hour* and I quickly cut him off.

I believe that out of town lawyers are 100% worthless. You want the guy that has luch with the DA that will be trying to butt rape you.

Exactly right.

collective gardener · Oct 9, 2011

$950/hr? That seems a little steep. Mine's $300/hr office time, and $700/hy courtroom. We use James Divine. In Ventura County, he's the man. He is the Cannabis Business guy, and his partner, Liederman, is the Cannabis Criminal guy. It's really getting to the point where we need seperate business and criminal attorneys. Divine has the business aspect down to a science, with boilerplate paperwork up the ass to make you look really organized to anyone looking. He also has experience in offshore accounts, moving money internationally, shill patients, and a bunch of other shady business techniques that no one talks about.

Dan Kone · Oct 9, 2011

collective gardener said:
$950/hr? That seems a little steep. Mine's $300/hr office time, and $700/hy courtroom.

It's ridiculous. But he's the only good one in town. Also he hasn't been billing me for non-office visit paperwork. It's harsh. But in my country, no other real options. Every collective in the county is using him.

We use James Divine. In Ventura County, he's the man. He is the Cannabis Business guy, and his partner, Liederman, is the Cannabis Criminal guy.

I don't have a cannabis business attorney. I've just got a corporate lawyer and accountant handling it. Both are very good but neither have experience in this business.

It's really getting to the point where we need seperate business and criminal attorneys. Divine has the business aspect down to a science, with boilerplate paperwork up the ass to make you look really organized to anyone looking. He also has experience in offshore accounts, moving money internationally, shill patients, and a bunch of other shady business techniques that no one talks about.

I agree. I wish I had a corporate lawyer who was a specialist, but no one is doing that here. Accountant too.

Toss&Turn · Oct 17, 2011

My problem is that I'm in pain!!! I not only have a MJ doctor but other specialists (ie. renal, cardiology & respiratory). Whenever they see me they can tell that I'm in pain. The regular MD's give me Vicodin & etc. The MJ doctor gives me 99 plants. The deal is I'm in so much pain that I can barely take care of two plants! How can a person with glucoma and have eye problems see enough to take care of 99 plants? How can a person in pain like me take care of 99 plants? How can an Aids patient take care of 99 plants? On the bottle of Vicodin it states "It is against federal law to give this medication to anyone other than the patient." If you really need your medicine, why are you selling it to dispensaries? When they throw you into jail and force you to take normal meds to see your recovery, if it improves Your Honor will hear about it and will say , "Illegal grow and/or distribution." No problem, your attorney & doctor will get other clients. IMHO

With the legality of marijuana on my mind, at night I always

Toss&Turn

Doer · Oct 18, 2011

miscbrah3284 said:
Cool thanks guys, appreciate the feedback...it seems like a sticky situation....you are allowed to flower 6 plants to every 1 person, and 8oz of dry bud....but you cannot have more than 8oz, well shit if youre flowering 6 plants you'll most likely go over 8oz if you know what youre doing, so its like....what do i do with all this extra when the clubs only want to buy from reputable commercial growers and want to buy in bulk? imo, assuming the bud isnt complete shit, i think all clubs should take donations from patients who harvested over their allowed limit. But I realize that isnt the case

NORML http://norml.org/index.cfm?Group_ID=3391#California
Proposition 215 on November 5, 1996
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.

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.

Doer · Oct 20, 2011

Here's what I was trying to find the other day. The Supreme Court has upheld this. No limit on possession
w/ Dr. signoff.

Landmark New Ruling: The People v Kelly Decision (2010): The Supreme Court held that the quantities are legal as a safe harbor for state ID cardholders but are unconstitutional as a limit on a qualified patient's legal defense. It also noted that the state ID card system is constitutional and collectives operating under Health and Safety Code 11362.775 are lawful throughout the state. Click here to view as a PDF (320k) Chris Conrad's cannabis expert testimony cited multiple times.

Doer · Oct 20, 2011

And for the thread starter who was very concerned over SB 420. (why did they call it that?)
Recent jury cases in CA.

1. 1200 plants; Brewer, Dennis; Santa Cruz 01-8266; Acquitted of 11359 (sale), jury hung on 11358 (cultivation),
2. 899 plants; Hayes, Ken / Foley, Mike; Sonoma 990514-23; Acquitted 04-19-01. Defendants claimed to be caregiver growers for 1280 *member CHAMP club in San Francisco
3. 388 plants + 5 pounds; Willson, David; San Joaquin Police file # 00-01609; Acquitted
4. 839 plants - Steven Tuck, caregiver garden for 120 patients, Humboldt Co - charges dropped Aug 2000
5. 386 plants (18"-36") John D. Cassatt (Nevada Co) - - mistrial (7-5 for conviction) 9/7/01
6. 380 plants indoors David Allan Willson (San Joaquin Co.), May 01.; acquitted by jury; Manteca LEO¹s return 5 lbs (buds +174 plants) Aug 2001
7. 370 plants - Barbara Varley, Modesto, hung jury (Jul 2000); agreed to diversion
8. 337 plants; (31 six foot plants, 300+ seedlings) Vaughn, David; Stanislaus 98-92334; 11359 Acquitted, 11358, 11357 hung 9- 3 to acquit; pled possession, dropped cultivation (Oct 2000)
9. 265 plants: Kubby, Steve and Michelle; Placer 990033; Michelle acquitted of all charges. Steve: Hung jury, 11-1 for acquittal (Dec 2000).
10. 240 plants; Hall, James & Lydia; Shasta 98-3625, 99-6812; Acquitted of cultivation &intent. Guilty of conspiracy to cultivate, Dismissed on appeal.
11. 218 plants; Salomon, / Landry; Santa Cruz 01-5968; Acquitted
12. 210 plants; Levin, Elizabeth; Los Angeles GA48052; Dismissed
13. 201 plants; Jones, William; Sacramento 98 F 07200; Acquitted 11359, convicted 11358. Overturned on appeal
14. 185 plants for collective; Nicholson, Greg; El Dorado P00 CRF 0263; Dismissed
15. 175 plants collective with 3 others; Wade, Chris; Santa Cruz 99-08527; Dismissed
16. 173 seedlings + 21 plants at home, charged w/ 173 seedlings at home of Roger Chambers and Glenda Spengler Mike Rogers (Butte Co.) - Acquitted 8/30/01
17. 146 plants; Baldwin, Michael and Georgia; Placer 62-4896 A & B; Hung jury. 6-6 for him, 7-5 for her; charges dropped 3/01
18. 144 plants + 40 seedlings - Randy Faria (caregiver for dead wife; doctor's recommendation lost), Modesto, jury acquitted (Nov - Dec 1999)
19. 142 plants; Miller, Nicole; Santa Clara #?; Dismissed
20. 140 plants; Carter, Joyce; El Dorado POOCRFO437; Dismissed Mar 01.
21. 132 large out door plants; Lepp, Ed; Lake 9706-1137; Acquitted Dec 98
22. 130 plants, Steven Fisher (Yuba Compassionate Use Co-Op) - charges dismissed 4/10/02/
23. 123 plants; Don Denham & Lonnie Sexton (brother & sister patients) Crescent City Del Norte CRF 00-4659-2 (&3); Acquitted on all counts Feb 01.
24. 118 plants; Morganelly, Chris; Tuolomne #?; Dismissed
25. 112 indoor plants alleged Steven Babich (Marin) acquitted - (disputed, evidence lost)
26. 109 plants; Richmond, Margo; Sonoma MCR 376918; Dismissed
27. 108 plants; Rossi, David; Fresno MA2003-0116; Dismissed
28. 89 plants; Becker, Dan; Nevada #?; Dismissed
29. 84 plants; Samuels, T.D; Humboldt; CR984532S; Acquitted
30. 80 plants; Martinson, Mark and Martha; Santa Cruz #?; Dismissed
31. 73 plants (59 flowering) (+36 flowering 3 months after)Alan MacFarlane, Santa Rosa, - acquitted 1/29/01 (uses 2.5 oz./wk smoked & oral)
32. 70-plant grow, 5 lbs ordered returned to Richard and Connie Thiessen by Sonoma court Jun 30, 01
33. 64 plants plus three pounds; Harrison, William; Calaveras F2063 / 98-8398; Acquitted
34. 59 plants in May, 36 plants in Aug; MacFarlane, Alan; Sonoma SCR20910 / CR 990524-05; Two outdoor gardens, flowering. Acquitted
35. 58 plants (17 inside, 41 out) - Lisa Schwarz - Ventura Co, charges dismissed Jan 31, 01.
36. 53 plants; Teeter, Scott; Sonoma 980926-02; Dismissed, property returned
37. 50 plants; Aldana, Fermin Edward; Yolo 01-4421; Dismissed Apr 25 02.
38. 48 outdoor plants Greg Wall (Sacramento), case dismissed May 02
39. 45 plants; Lopez, Martha / Wilson, Jeff; El Dorado P00CRF0255; Dismissed
40. 44 plants; Cordova Schwartz, Lisa & Craig; Ventura 9946065; Dismissed Jan 31, 01
41. 41 plants + 1 pound processed; Levin Rick; Shasta 98-3141; Acquitted
42. 27 plants, 11 to 25 pounds; Kambui, Somayah; Los Angeles BA223183; Acquitted Mar 2002.
43. 22 plants; Brantly, Terry; Humboldt CR983286S; Acquitted

Tales · Oct 20, 2011

Doer said:
And for the thread starter who was very concerned over SB 420. (why did they call it that?)
Recent jury cases in CA.

1. 1200 plants; Brewer, Dennis; Santa Cruz 01-8266; Acquitted of 11359 (sale), jury hung on 11358 (cultivation),
2. 899 plants; Hayes, Ken / Foley, Mike; Sonoma 990514-23; Acquitted 04-19-01. Defendants claimed to be caregiver growers for 1280 *member CHAMP club in San Francisco
3. 388 plants + 5 pounds; Willson, David; San Joaquin Police file # 00-01609; Acquitted
4. 839 plants - Steven Tuck, caregiver garden for 120 patients, Humboldt Co - charges dropped Aug 2000
5. 386 plants (18"-36") John D. Cassatt (Nevada Co) - - mistrial (7-5 for conviction) 9/7/01
6. 380 plants indoors David Allan Willson (San Joaquin Co.), May 01.; acquitted by jury; Manteca LEO¹s return 5 lbs (buds +174 plants) Aug 2001
7. 370 plants - Barbara Varley, Modesto, hung jury (Jul 2000); agreed to diversion
8. 337 plants; (31 six foot plants, 300+ seedlings) Vaughn, David; Stanislaus 98-92334; 11359 Acquitted, 11358, 11357 hung 9- 3 to acquit; pled possession, dropped cultivation (Oct 2000)
9. 265 plants: Kubby, Steve and Michelle; Placer 990033; Michelle acquitted of all charges. Steve: Hung jury, 11-1 for acquittal (Dec 2000).
10. 240 plants; Hall, James & Lydia; Shasta 98-3625, 99-6812; Acquitted of cultivation &intent. Guilty of conspiracy to cultivate, Dismissed on appeal.
11. 218 plants; Salomon, / Landry; Santa Cruz 01-5968; Acquitted
12. 210 plants; Levin, Elizabeth; Los Angeles GA48052; Dismissed
13. 201 plants; Jones, William; Sacramento 98 F 07200; Acquitted 11359, convicted 11358. Overturned on appeal
14. 185 plants for collective; Nicholson, Greg; El Dorado P00 CRF 0263; Dismissed
15. 175 plants collective with 3 others; Wade, Chris; Santa Cruz 99-08527; Dismissed
16. 173 seedlings + 21 plants at home, charged w/ 173 seedlings at home of Roger Chambers and Glenda Spengler Mike Rogers (Butte Co.) - Acquitted 8/30/01
17. 146 plants; Baldwin, Michael and Georgia; Placer 62-4896 A & B; Hung jury. 6-6 for him, 7-5 for her; charges dropped 3/01
18. 144 plants + 40 seedlings - Randy Faria (caregiver for dead wife; doctor's recommendation lost), Modesto, jury acquitted (Nov - Dec 1999)
19. 142 plants; Miller, Nicole; Santa Clara #?; Dismissed
20. 140 plants; Carter, Joyce; El Dorado POOCRFO437; Dismissed Mar 01.
21. 132 large out door plants; Lepp, Ed; Lake 9706-1137; Acquitted Dec 98
22. 130 plants, Steven Fisher (Yuba Compassionate Use Co-Op) - charges dismissed 4/10/02/
23. 123 plants; Don Denham & Lonnie Sexton (brother & sister patients) Crescent City Del Norte CRF 00-4659-2 (&3); Acquitted on all counts Feb 01.
24. 118 plants; Morganelly, Chris; Tuolomne #?; Dismissed
25. 112 indoor plants alleged Steven Babich (Marin) acquitted - (disputed, evidence lost)
26. 109 plants; Richmond, Margo; Sonoma MCR 376918; Dismissed
27. 108 plants; Rossi, David; Fresno MA2003-0116; Dismissed
28. 89 plants; Becker, Dan; Nevada #?; Dismissed
29. 84 plants; Samuels, T.D; Humboldt; CR984532S; Acquitted
30. 80 plants; Martinson, Mark and Martha; Santa Cruz #?; Dismissed
31. 73 plants (59 flowering) (+36 flowering 3 months after)Alan MacFarlane, Santa Rosa, - acquitted 1/29/01 (uses 2.5 oz./wk smoked & oral)
32. 70-plant grow, 5 lbs ordered returned to Richard and Connie Thiessen by Sonoma court Jun 30, 01
33. 64 plants plus three pounds; Harrison, William; Calaveras F2063 / 98-8398; Acquitted
34. 59 plants in May, 36 plants in Aug; MacFarlane, Alan; Sonoma SCR20910 / CR 990524-05; Two outdoor gardens, flowering. Acquitted
35. 58 plants (17 inside, 41 out) - Lisa Schwarz - Ventura Co, charges dismissed Jan 31, 01.
36. 53 plants; Teeter, Scott; Sonoma 980926-02; Dismissed, property returned
37. 50 plants; Aldana, Fermin Edward; Yolo 01-4421; Dismissed Apr 25 02.
38. 48 outdoor plants Greg Wall (Sacramento), case dismissed May 02
39. 45 plants; Lopez, Martha / Wilson, Jeff; El Dorado P00CRF0255; Dismissed
40. 44 plants; Cordova Schwartz, Lisa & Craig; Ventura 9946065; Dismissed Jan 31, 01
41. 41 plants + 1 pound processed; Levin Rick; Shasta 98-3141; Acquitted
42. 27 plants, 11 to 25 pounds; Kambui, Somayah; Los Angeles BA223183; Acquitted Mar 2002.
43. 22 plants; Brantly, Terry; Humboldt CR983286S; Acquitted

Thank you!!! + rep

Excess harvest-Will the clubs buy it?

Dan Kone

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collective gardener

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Dan Kone

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collective gardener

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Dan Kone

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Toss&Turn

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Doer

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Doer

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Doer

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Tales

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