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Legality of a script with higher plant limits?

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forums; If a doc gives you a script for a higher plant number in your garden does this trump what your ...
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    Default Legality of a script with higher plant limits?

    If a doc gives you a script for a higher plant number in your garden does this trump what your county would allow?

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    Veteran Smoker Mr. Ganja kermit2692's Avatar
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    wheres the doc. from? the state? heres the deal if state law says say 6 plants and your actual town has some ordinance that says you can only have 4 then ya the town ordinance beats the state law....
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    Super Stoner Mr. Ganja Dan Kone's Avatar
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    Quote Originally Posted by kermit2692 View Post
    wheres the doc. from? the state? heres the deal if state law says say 6 plants and your actual town has some ordinance that says you can only have 4 then ya the town ordinance beats the state law....
    Not really. The state law is the mandatory minimum allowable. Cities and counties can allow more, but not less. They can try to allow less, but that should violate state law.
    "The problem with the world is that the intelligent people are full of doubts while the stupid ones are full of confidence." - Charles Bukowski

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    Super Stoner Mr. Ganja Dan Kone's Avatar
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    Quote Originally Posted by LeMonJello View Post
    If a doc gives you a script for a higher plant number in your garden does this trump what your county would allow?
    Yes, technically a doctors rec should supersede any local plant limits, but I'm not sure if cops see it that way. Depending on where, they'll still try to bust you for it.

    http://www.msnbc.msn.com/id/34978545.../#.T9bzUdVSS3w
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    "The problem with the world is that the intelligent people are full of doubts while the stupid ones are full of confidence." - Charles Bukowski

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    Veteran Smoker Mr. Ganja kermit2692's Avatar
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    Quote Originally Posted by Dan Kone View Post
    Not really. The state law is the mandatory minimum allowable. Cities and counties can allow more, but not less. They can try to allow less, but that should violate state law.
    no your wrong and im 100 percent sure of that...think of it this way if you were right then say one town called town A has a law about noise limits at night but the state has a law that says the noise limit is 100 db higher than the towns law...why the hell would the town have made the law?? when you live in a particular town you are agreeing to abide by the local govts regulations....heres a real life ex. in chicago where my buddy lives its illegal to own a hand gun yet outside of chicago but still in illinois his friends can own handguns...how would that be possible if you were right?? cant be...your wrong on this one man
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    Veteran Smoker Mr. Ganja kermit2692's Avatar
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    also the article you added was state lawmakers trying to change the state law thats why it was shot down!! thats different from a town itself changing their local ordinance....look at colorado for example med mj is legal yet many TOWNS have passed legislation banning the legal sale of cannabis within their borders!
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    Veteran Smoker Mr. Ganja kermit2692's Avatar
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    here this link took lesss than ten seconds to find http://www.wikilaw3k.org/law/Law-Eth...law-216356.htm
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    Veteran Smoker Mr. Ganja kermit2692's Avatar
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    Quote Originally Posted by Dan Kone View Post
    Not really. The state law is the mandatory minimum allowable. Cities and counties can allow more, but not less. They can try to allow less, but that should violate state law.
    and actually you have it EXACTLY backwards the cities and towns cant allow more because thats against state law...however they can restrict state law and allow less
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    Super Stoner Mr. Ganja Dan Kone's Avatar
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    Quote Originally Posted by kermit2692 View Post
    no your wrong and im 100 percent sure of that...think of it this way if you were right then say one town called town A has a law about noise limits at night but the state has a law that says the noise limit is 100 db higher than the towns law...why the hell would the town have made the law?? when you live in a particular town you are agreeing to abide by the local govts regulations....heres a real life ex. in chicago where my buddy lives its illegal to own a hand gun yet outside of chicago but still in illinois his friends can own handguns...how would that be possible if you were right?? cant be...your wrong on this one man
    That all depends on how the state law was made. If the law was made by the state legislature, then you might be correct, but if it was made by voter initiative, then it's a constitutional amendment and applies to the entire state regardless of local law.
    "The problem with the world is that the intelligent people are full of doubts while the stupid ones are full of confidence." - Charles Bukowski

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    Super Stoner Mr. Ganja Dan Kone's Avatar
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    Ahhh. You are correct. A town or city can supersede the state plant limit because that limit was established by the state legislature (sb420), not a voter initiative.

    However the Kelly Decision (California supreme court case) says that a doctor's rec supersedes any state or local limit.
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