Legality of a script with higher plant limits?

posted that last post before i saw your last post

once again the kelly thing appears to be different than what we are talking about here because sb420 is state wide and the caps on amounts were put into the STATE law without a vote....this is still different than if a county or town put a cap on the amount of dried marijuana someone can possess..the town can still pass an ordinance saying you can only possess 6 ounces at a time because that is within the sb420 amount of 8 ounces...which seemingly is unconstitutional anyway but for argument sake had the amount of 8 zips been constitutional a town can then go and say nope here you can only have 6 without any type of voter initiative!

Originally Posted by kermit2692

once again the kelly thing appears to be different than what we are talking about here because sb420 is state wide and the caps on amounts were put into the STATE law without a vote....this is still different than if a county or town put a cap on the amount of dried marijuana someone can possess..the town can still pass an ordinance saying you can only possess 6 ounces at a time because that is within the sb420 amount of 8 ounces...which seemingly is unconstitutional anyway but for argument sake had the amount of 8 zips been constitutional a town can then go and say nope here you can only have 6 without any type of voter initiative!

Ok. But he's asking if getting a doctor's rec with a raised plant limit supersedes a local plant limit. It does. It doesn't matter how many plants your city/county says you can have if your doctor puts a higher limit on your rec.

if your right your right because thats written into state law and counties cant supercede the state law they can only undermind it if you follow....so if state law says already that a doctor can allow more plants regardless of county law then the county cant go and make an ordinance....however if the state law is say 6 plants and nothing is written in about doctors being able to allow more then a county law cannot say a doctor can allow more...counties can restrict state law not bypass it

just call a damn lawyer lmao....i still am nearly 100 percent sure that if the town has an ordinance stating a plant limit less than that of the state or doctors recomendation they win

and when u find out the true for sure answer post it here so i can tell these guys told ya so!! lol

Dan is right as usual:
Here's the actual Health and Safety Code, below.

California Health and Safety Code Section 11362.77

(a) A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature marijuana plants per qualified patient.

(b) If a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meet the qualified patient' s medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs.

(c) Counties and cities may retain or enact medical marijuana guidelines allowing qualified patients or primary caregivers to exceed the state limits set forth in subdivision (a).

(d) Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of marijuana under this section.

(e) The Attorney General may recommend modifications to the possession or cultivation limits set forth in this section. These recommendations, if any, shall be made to the Legislature no later than December 1, 2005, and may be made only after public comment and consultation with interested organizations, including, but not limited to, patients, health care professionals, researchers, law enforcement, and local governments. Any recommended modification shall be consistent with the intent of this article and shall be based on currently available scientific research.

(f) A qualified patient or a person holding a valid identification card, or the designated primary caregiver of that qualified patient or person, may possess amounts of marijuana consistent with this article.

Originally Posted by curious2garden

Dan is right as usual:
Here's the actual Health and Safety Code, below.

California Health and Safety Code Section 11362.77

(a) A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature marijuana plants per qualified patient.

(b) If a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meet the qualified patient' s medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs.

(c) Counties and cities may retain or enact medical marijuana guidelines allowing qualified patients or primary caregivers to exceed the state limits set forth in subdivision (a).

(d) Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of marijuana under this section.

(e) The Attorney General may recommend modifications to the possession or cultivation limits set forth in this section. These recommendations, if any, shall be made to the Legislature no later than December 1, 2005, and may be made only after public comment and consultation with interested organizations, including, but not limited to, patients, health care professionals, researchers, law enforcement, and local governments. Any recommended modification shall be consistent with the intent of this article and shall be based on currently available scientific research.

(f) A qualified patient or a person holding a valid identification card, or the designated primary caregiver of that qualified patient or person, may possess amounts of marijuana consistent with this article.

I think this is why some places have banned outdoor and or added canopy restrictions instead of plant count restrictions.