Can a patient grow for another patient in Los Angeles?

R

RustyWeed

Member
i.e. I can veg a total of 12 plants, would i be able to veg another 12 for my friend and have a total of 24 plants at my house? I need a professional answer, and i wanna be able to research your answer on google. Please and thank you!
 
imagreenwitya

imagreenwitya

Well-Known Member
RustyWeed said:
i.e. I can veg a total of 12 plants, would i be able to veg another 12 for my friend and have a total of 24 plants at my house? I need a professional answer, and i wanna be able to research your answer on google. Please and thank you!
Click to expand...

You have to form a collective or co-op if you want to grow more than 6 mature in LA.

http://www.safeaccessnow.net/countyguidelines.htm

A co-op/collective is easy, just put it on paper, however it would be good to have a lawyer handy if needed. Many doctors in LA offer legal representation insurance when you get your scrip. I have seen it as low as 100$ a year. Not bad if you do run into an issue.

collective agreement

http://www.google.com/custom?q=Medical+marijuana+Collective+Agreement&cof=GALT:#000000;S:;GL:0;VLC:#550088;AH:left;BGC:#ffffff;LH:101;LC:#440077;GFNT:#cac3bf;L:http://safeaccessnow.org/img/banner_2010.jpg;ALC:#550088;LW:671;T:#000000;GIMP:#250558;AWFID:8008762765701796;&domains=safeaccessnow.org&sitesearch=safeaccessnow.org&Submit=

here is a link to some folks in OC that formed up.

http://abclocal.go.com/kabc/story?section=news/local/orange_county&id=7171384

and norml

http://www.canorml.org/prop/collectivetips.html


COLLECTIVE CULTIVATION & POSSESSION GUIDELINES
Prop 215 allows individual patients and their caregivers to possess & cultivate as much as required for the patient's own medical use. Because this criterion is vague and open to differing interpretations, it is difficult for patients and police to judge beforehand whether a particular garden is legal. All too frequently, police take a stingy interpretation of the law and bust patients or caregivers for gardens they deem excessive, thus leaving the matter to be settled in court at the defendant's expense.
In order to reduce uncertainty and avoid unnecessary arrests, SB 420 established "limits" or guidelines as to how much marijuana patients and their caregivers could grow and possess. The state default SB 420 guidelines are 6 mature plants or 12 immature plants per patient, and 8 ounces of dried marijuana bud or equivalent. Individual counties and cities are allowed to set higher but not lower limits ( list of local SB 420 guidelines). Individual patients may exceed the guidelines if they have a doctor's note saying they need more; in practice, however, police routinely ignore this exception.
The validity of the SB 420 limits was thrown into question by two state appellate court decisions , People v Kelly and People v Phomphakdy (2008), which ruled that they were unconstitutional limitations on Prop. 215. Both decisions are under review by the State Supreme Court. We believe the ultimate resolution of these decisions is likely to be that the SB 420 guidelines are not legally determinative of guilt in court, but that they can still be used by law enforcement as guidelines for when to arrest people. Regardless, in the meantime, growers are well advised to adhere to the guidelines to the extent possible.
The question remains as to how much medical marijuana cooperatives and collectives are allowed to grow or possess. According to the AG's guidelines, they can scale the SB 420 limits in proportion to the number of their members. For example, under the standard state guideline, a coop with ten members could have ten times the limits, i.e. 60 mature or 120 immature plants and up to 80 ounces of marijuana. However, some counties and cities have established a maximum cap on the size of collective gardens: for example, San Francisco does not allow more than 99 plants in any case.
In general, collectives are advised to exercise caution about growing very large gardens. Even if local guidelines permit it, don't assume that you can safely grow 600 plants just because you have 100 patients. Beware that cultivation of 100 plants or more is punishable by a federal mandatory minimum sentence of 5 years. Collectives are accordingly well advised to stay at 99 plants or less to reduce the risk of federal prosecution.
 
C

cruzer101

Well-Known Member
My answer would be No.
If you are trying to do this as a caregiver then no.
You have to do more for the patient then just supply Medical marijuana.
 
Damian138

Damian138

Member
I'm no expert, but my attorney claims if you are operating as a legal state collective or co-op you can grow for your patients as long as you have a written agreement from the patient(s) followed by the state guidelines for collectives/coops... so being a caregiver is not necessary. But if you do claim you are growing for someone as a caregiver, you have to be licensed and be the main source of care for the patient (like cruzer101 says...far beyond supplying medical marijuana). I have also heard if growing for more than a couple patients or if you plan on distributing to a collective with a large patient base, you need to have a state cultivators license.
 
Kushbacca

Kushbacca

Member
Can anyone recommend a good lawyer in Los Angeles who understands the ins and outs of the state and local laws?
 
$

$Mike$

Active Member
Thanks for the link^^^^
A sucker born every minute....LOL The phrase "cash only" suspects me anyway. It's not traceable.
 
Shangeet

Shangeet

Active Member
You CAN have a caregiver and STILL POSSES your own plants. All you have to do is designate yourself to posses the plants and NOT your caregiver. This is not speculation this is not debated this is not a GREY area it is in the law.
Hope that helps clear things up for you :twisted:
 
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