Legality of a script with higher plant limits?

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kermit2692

Well-Known Member
so i was right too in everything i said accept i didnt no the law...had those two clauses not been written in then a county cannot enact an ordinance allowing more than state law but since it says right in the law they can obviously thats different...same goes for the doctors clause
 
SenorBrownWater

SenorBrownWater

Well-Known Member
kermit why you no edit posts? double post after double post? padding your post count?
also you're wrong and i think you need to read the law yourself....
 
kpmarine

kpmarine

Well-Known Member
SB420 was declared unconstitutional by the Cali supreme court anyways. Neither counties, nor the state is technically allowed to limit plants. However, they can use the plant number limits as guidelines for the police to bust you. You have to prove medical need of your grow op, which generally means your doctor has to agree to it's medical necessity under oath. In other words, you can grow 99 plants legally in a 6 plant county, but you'd be wise to have a lawyer.
 
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kermit2692

Well-Known Member
no i just double post if i think of something else because i have no way of knowing if someoen else is posting at the exact same time and they may respond to me without seeing the edit...and no to all of u i was 100 percent right in theory of how the law works just so happens in this case they had a clause within the law to allow those things...
 
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phishtank

Well-Known Member
I'm pretty sure that the SB420 are statewide MINIMUMS. Meaning that cities and counties can't allow less....but they can allow more. Look at every city and state in california's laws and not a single one shows less then 6 mature or 12 immature and 8 ounces
 
potroastV2

potroastV2

Well-Known Member
I love it when a guy who does not live in California is telling us how it is in California! :lol:

This is the California forum, and we are talking about California law.

Prop 215 was voted in by the people, and it did not have any plant number limits. SB420 was done by the legislature, and it included the 6 mature/12 immature plants as a guideline for law enforcement. My city has a local ordinance that allows for 24 plants per patient or 48 for a caregiver. A local ordinance can allow for more than SB420 but not less.

Since then, the Kelly decision appellate court decided that all plant numbers limits are unconstitutional because the people did not vote on them, and Prop 215 was voted in without plant number limits.

:mrgreen:
 
Dan Kone

Dan Kone

Well-Known Member
kpmarine said:
SB420 was declared unconstitutional by the Cali supreme court anyways. Neither counties, nor the state is technically allowed to limit plants. However, they can use the plant number limits as guidelines for the police to bust you. You have to prove medical need of your grow op, which generally means your doctor has to agree to it's medical necessity under oath. In other words, you can grow 99 plants legally in a 6 plant county, but you'd be wise to have a lawyer.
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^this exactly^
 
Dan Kone

Dan Kone

Well-Known Member
rollitup said:
I love it when a guy who does not live in California is telling us how it is in California! :lol:

This is the California forum, and we are talking about California law.

Prop 215 was voted in by the people, and it did not have any plant number limits. SB420 was done by the legislature, and it included the 6 mature/12 immature plants as a guideline for law enforcement. My city has a local ordinance that allows for 24 plants per patient or 48 for a caregiver. A local ordinance can allow for more than SB420 but not less.

Since then, the Kelly decision appellate court decided that all plant numbers limits are unconstitutional because the people did not vote on them, and Prop 215 was voted in without plant number limits.

:mrgreen:
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That's what I thought originally, then convinced myself I was wrong because I know certain counties have tried to pass limits lower than what SB420 allows.
 
NoGutsGrower

NoGutsGrower

Well-Known Member
kermit2692 said:
sounds like its still no mans land and just dont get caught!!!
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Nope, not really. I "got caught", my neighbors called the police on me. The police came to my door with no warrant, told me that a neighbor reported me so they checked my power bill and came out. They asked if they could come see the grow, I said I would rather you not. They said we just want to make sure you have 99 or less, so I let them in! They told me how nice it was to see a real room instead of the shitty grows they bust, didn't even really count the plants just peeked in the room and took my word for it. I didn't have my permit posted, I even had trouble finding it in the file cabinet.
If you aren't screwing around the police can actually be nice some times!
 
Dan Kone

Dan Kone

Well-Known Member
cannabineer

cannabineer

Ursus marijanus
Dan Kone said:
Ahhh. This is why I kind of thought that counties could overturn the state plant limit:

Tuolumne​
6 Mature Plants OR 12 Immature Plants AND 8 Ounces Of Bud. Formerly Up to three plants and 8 ounces: these were the guidelines that were rejected by the California Supreme Court in the Mower decision​


I didn't know the supreme court over turned it. Last I knew the 3 plant limit was still valid.

http://www.flyinhawaiianproductions.com/mmp/countys.html
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That is GOOD to know! You chose my county! cn
 
K

kermit2692

Well-Known Member
NoGutsGrower said:
Nope, not really. I "got caught", my neighbors called the police on me. The police came to my door with no warrant, told me that a neighbor reported me so they checked my power bill and came out. They asked if they could come see the grow, I said I would rather you not. They said we just want to make sure you have 99 or less, so I let them in! They told me how nice it was to see a real room instead of the shitty grows they bust, didn't even really count the plants just peeked in the room and took my word for it. I didn't have my permit posted, I even had trouble finding it in the file cabinet.
If you aren't screwing around the police can actually be nice some times!
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thats cool...im sure alot of the cops dont personally care, and you let them in without making them get a warrant im sure they were just trying to appease the neighbor lol...id still be a little leary though even though its legal and all just because of federal law...my comment still stands lol better to be cautious and not have a runin with the law! ya never know when if they will decide to nail you and make you go through court and all that..maybe you dont get convicted of anything but a hassle none the less..
 
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blueJ

Active Member
I told my doctor i was interested in being able to grow/provide for others so he said oh you need a cultivators license and i paid $200 extra, but when i got home i see on my paper that it says "due to my own medical reasons i need to be able to grow more and am allowed up to 99 plants." So that left me feeling a little shady..... :/

It was kind of funny, he also told me when i'm taking product with me, to try not to have more than 6 or 8 pounds with me in case I get pulled over and the smell etc. lol, i'm confused...
 
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