# Plant #'s in jeapordy in Cali..



## NorCalHal (May 26, 2009)

Where to begin....

When Prop 215 passed in '96, the law gave NO limit on plant numbers or weight allowed, it was actually up to your Doctor to "recomend" what you could have.
Off and running...

Then, the dimwitted politicians in the Cali legislature decided to amend Prop 215 and impose limits. These limits were set to 6 Mature and 12 Immature plants, along with a 1/2 pound of finished. This was the lowest amout ANY county could go to, A county could not go below that, BUT the counties are allowed to INCRESE the limits in thier counties if they so choosed. This was created under SB420.

Crap...Scale back down boys....

Well, along came a guy named Kelly who was busted in his local county for going over thier set limit of 6/12. It went to court and Kelly was found NOT Guilty because the Limits imposed by SB420 was not Valid because State Politicians CANNOT amend a VOTER approved Measure.

Back to No limits. What this meant for most Californians is this, If you stay Under 100 plants, you are safe from State Prosecution. Plain and Simple.
Under STATE law, you can LEGALLY go over 100 plants, but then you run into Local Cops just Referring the Case to the Federal LEO's, who, as we know, don't give a crap about ANY MMJ law. 
So, yes, you can have 10-1000w lites with 9 plants under each and be JUST FINE.

Now we go to PEOPLE v. PHOMPHAKDY. This guy was busted in a Smaller County and was going to get off on all charges due to the previous People vs Kelly decision. No plant limits. BUT, 



> *Supreme Court*
> Court data last updated: 05/23/2009 04:07 AM
> 
> Supreme Court Case: S166565
> ...


 
This means they are going to REVEIW the decision made about the Kelly case.

Bottom Line.

As of today, you cannot use the Kelly case as a defense to justify large plant numbers. So, if you were busted with say, 50 plants, and your county only allows 6, then you could be in trouble.

Once this is reveiwed, we will all know where we stand. If all goes well, and the Case is UPHELD, it is Back on. But for now, it's back to keeping your head under the covers.


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## HippyInEngland (May 26, 2009)

Do reviews take long?



> SB420



 

eace:


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## cubby (May 26, 2009)

If this plays out the way it appears would'nt it also give rise to challenges to the orriginal voter approved measure based on "health and safety codes" wich the state legislature clearly can change at will? Thereby skirting the will of the voter altogether.


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## Barbapopa (May 27, 2009)

Well you could always fall back on growing in a co-op.  Your plant limit grows per person in the co-op.  As long as they have a card you are good.  Even your care giver counts, turning it into 12 mature and 24 immature.  I here there is a club in San Francisco that will put you in there co-op, and every single person who has ever shopped there is considered to be part of that co-op raising your limit to something completely unnecessary.  Or, if you can, living in Oakland, you can grow either 72 or 69 plants and Santa Cruz is at 99.  Either way, if you plan to grow a lot of weed, save some cash on the side for a lawyer.


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## BuddyLuv (May 27, 2009)

Barbapopa said:
			
		

> Either way, if you plan to grow a lot of weed, save some cash on the side for a lawyer.


 
^This is Buddy's post of the week.


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## nvthis (May 27, 2009)

Thanks, bro. Keep us updated, yeah?


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## BBFan (May 27, 2009)

Unfortunately, politics as usual.  Somebody wants something...  Hope it works out for you guys (and gals) in Cali.

That being said, I wish I could grow one plant without fear of forfeiture, imprisonment, etc.  Unfortunately, 1 plant here is a felony.


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## MindzEye (May 27, 2009)

This is exactly why I stick to my 6 plants, at least I have some form of lagality in my grow, Im not going to temp the law.. They allow me 6 plants so thats what I grow, there are places in this country that even if they find a single seed its a felony.. All I can do is keep voting.


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## NorCalHal (May 27, 2009)

I hear ya fellas.

HIE, they are predicting that the case be reviewd and resolved sometime in 2010.

I guess I am old skool. Take that 6 plant limit and shove it. My doctor recommended that I have 70 plants, BUT I live in a 6 plant limit county. As it stands today, I "should" go back to 6 plants, but heck with that. I've had a lawyer on retainer for years.....


I real feel for the guys in other states man. Look at BBfan. He is one of MANY folks who could go directly to jail for a seed. Sad that we all live in the same country, but worlds apart in the MJ scene.
We are spoiled here, more then anyother State. But what we get accomplished here today, will roll thru the other 49 states. That is one thing that makes me proud.
And BELIEVE me when I say, there are plenty of folks out here that will push the limits for us all and push court cases thru the system until something gives.....


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## BuddyLuv (May 27, 2009)

You could always grow 6 huge bushes.


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## NorCalHal (May 27, 2009)

BuddyLuv said:
			
		

> You could always grow 6 huge bushes.


 
Believe that happens...alot.I am talking about TREES.


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## Super Silver Haze (May 27, 2009)

NorCal, thank for the info.  i agree that what happens in Cali sets the stage for the rest of the country.  

living in fla it is taken serious here so im only growing two at a time.  fla has a petition going around but that only gets it brought up to state polititions for them to vote on it but it only passes with  Super Majority vote where at least 60% of the votes approving the bill.

if i wasnt too tied to fla i would move to California, and it is a shame that we live in the states but are worlds apart regarding MJ.


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## BBFan (May 27, 2009)

> We are spoiled here, more then anyother State. But what we get accomplished here today, will roll thru the other 49 states. That is one thing that makes me proud.



From your lips to Gods ears- keep fighting the good fight- we're all counting on you!


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## Barbapopa (May 27, 2009)

NorCalHal, your doc says you need 70 plants, I love it.  Kind of like that "urban grower" guy who's doctor says he needs an ounce a day.  I totally agree with you, plant limits are **.  I would like to grow a lot of plants so I can pick the few that are the best for me and there is no way to do that growing 6 at a time.  And if you want to breed, 6 plants are a joke.


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## The Effen Gee (May 27, 2009)

6 big plants take forever, thats like maybe two harvests a year.

I can easily burn through an oz of bud in a week, those limits are **.

What if:

You have multiple ailments?
You want to provide for others?
You want to make an honest living?
You want to do some breeding?
Seeds?
Hash?
Edibles?

Seems no matter what they say about the limits, something will not work whatever way you look at it.
6 and 12 is a impossible number if you want to take this seriously and do some advanced cannabis breeding or pheno tracking. Plus, it takes a lot of dope to produce decent concentrates and tinctures.


...they can take their "Limits" and shove it.

Nobody ever told me how much Vicodin I can have. No law says you cannot have jars and jars full of oxycontin at your house. 

Why is cannabis treated differently?


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## greenfriend (May 27, 2009)

Barbapopa said:
			
		

> NorCalHal, your doc says you need 70 plants, I love it. Kind of like that "urban grower" guy who's doctor says he needs an ounce a day. I totally agree with you, plant limits are **. I would like to grow a lot of plants so I can pick the few that are the best for me and there is no way to do that growing 6 at a time. And if you want to breed, 6 plants are a joke.


 
Who can really know how much some one uses, and why should anyone be allowed pick a random limit too low for most med users.  some people use 1 gram a day or less, I easily use 1/4 oz every day of the week.  So there might be someone who eats a truckload of edibles every day, and they use a 4 oz a day making them.  thats a lotta plants you would need to grow...  a case by case basis by the doctor is better than the government deciding, but imo any limit on growing PLANTS is ridiculous


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## nvthis (May 27, 2009)

Yo, NCH, I want YOUR doctor man!  Mine barely spoke English and I had no idea what even happened in that visit until I spoke with the receptionist out front.


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## BuddyLuv (May 28, 2009)

NorCalHal said:
			
		

> Believe that happens...alot.I am talking about TREES.


 
I have seen a few in my day Hal.  I guess it really doesn't matter to me, 1=100 here, so I think being able to grow any legally is a blessing to you all.


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## Barbapopa (May 28, 2009)

nvthis I think we have the same doctor.


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## Lemmongrass (May 28, 2009)

lol. at least you have plant laws. My law looks like this: Cultivation of 1gram-35kg=15yr.... thats honestly the lowest bracket... up to 35kg...


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## NorCalHal (May 29, 2009)

Like I said fellas, we are spoiled.

If they gave us a limit of 100 plants, we would still gripe. Then I would want 200. For most Californiaians, it's all about not wanting ANY stipulations on the amount we grow. We pushed it this far, and are going all the way until we are all either locked up, or can have MJ fields as big as corn fields in Kansas.

If you would have told me 15 years ago that we would have open storefronts selling herb to pretty much anyone, and it is all legal and TAXED, I ,as most everyone, would have laughed. It's the "norm" now and folks don't think twice about it, including alot of non=tokers. 

Honestly, how the limits are being pushed is thru the guise of edibles and tinctures. As Effen stated, it takes ALOT of herb to make edibles and such, and some doctors are starting to be willing to reccomend higher plant limits.


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## Super Silver Haze (May 29, 2009)

NCH, thats great that the storefronts are accepted by the community.  i think that as the rest of the states sees how all of the hype and propoganda toward MMJ is just "HYPE" then it will be much easier for the rest of the country to accept Cannabis as a medicine.

im with Effen on the edibles as i would love to grow enough to make them b/c i am a non-smoker (other than MJ).  

National Geographic Explorer did a show on MJ and they showed a man in Canada who makes edibles for himself and 3 others, thats what i would love to do.


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## tcbud (May 29, 2009)

Thanks NCH for the info on the current events on the Kelly case.  It will be interesting to hear the Court's response.  Especially after what they said about Prop 8.

I remember in my high school California Goverment class the book said,
*So goes the Bay Area, so goes California.  So goes California, so goes the Nation.*

It may take years, prolly decades, but it will happen.

What is Right is Right no matter what state you live in.


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## BOYSENBERRY (May 29, 2009)

Here you guys and girls go this is what you can grow per county and city
http://www.pcfrm.org/how_to_grow_pg2.php

It's so relaxed where I live. Refinanced the house for a lower rate the bank sent some guy out to check on the house and measure it. He saw the grow and said the bank would like to send out a fire marshall to inspect the electrical setup and make sure it's safe they dont want their investment to burn. I got hella nervous the fire marshall came out checked it all out and told me that they want people who grow to call the local fire marshall to inspect the system to make sure fires dont start from bad wiring jobs wow we have come a long way. Keep up the fight. be honest here who would you get in the car with the guy who just slamed a six pack or the guy who smoke a big old fat J? The guy who smoked the big J for me were going to taco bell


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## The Effen Gee (May 29, 2009)

Did you folks know that it is ILLEGAL to tax medication? Of ANY form?

INCLUDING MEDICAL MARIJUANA.


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## Barbapopa (May 29, 2009)

I didn't know about the taxing of meds being illegal.  I assume the clubs agreed to it just to stay in business.  In all honesty, I do not mind paying the taxes.  Money talks, ** walks.  So if the state/feds/non-smokers see who much money is being made on taxing herb, there is a much higher (no pun intended) chance of it being legalized and or having the current laws relaxed.
And since most of us grow our own, tax is not really an issue for us.


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