Growing For Other Patients?

[T.C. Bosby]

I've been reading up on the cultivations laws in California and still can't figure this out. I'd like to be able to cultivate for myself, my wife, and a friend who lives nearby. We all have our rec. I've read things that mention how collectives of 5 or more need to be licensed by the state government. It seems like I should be "okay" to do this, but was wondering if anyone had some insight. If it is permissible, my primary concern is whether or not I need to do paperwork, or if having a copy of the rec. letter is sufficient. Thanks everyone!

 

[xmatox]

If you are doing this in your house, check zoning laws (in case you didn't already). Near a school or park, etc. Growing in that small of numbers is personal use and you will be fine. I'm assuming since you are growing for the 3 of you then you won't be growing a tremendous amount of medicine. If you grow 12 plants you wouldn't even need your neighbors rec, but if you are trying to grow 18 then you would. Keep copies of the recs near the grow in case the police show up. ( I have had it done before; they just checked my paperwork and left. ) *This is all subject to change with any legislature that passes this year*

 

[bryan oconner]

in Michigan there are a lot of laws for a caregiver its very HARD ! to follow all of them or to understand them . one you think you have it all guess again there is some thing else . suggest paying a lawyer in your state to get the corrct info you need . trust me there are a lot of things . from posting very plant having the rules up on the wall so on and more and ore .

 

[xmatox]

Do not consult a lawyer!! We are in CA, not Michigan. Different laws. Your rec is sufficient for what you seem to be doing, trust me. I have consulted with many lawyers in my time. If you start growing for more than yourself and a few others, then get a lawyer for your proper paperwork. Again, this could change with the upcoming legislature being proposed in November. If we go recreational, you should still be fine growing medicinal if you guys still maintain your rec status.

 

[Bacala]

Remember too, that local laws take precedence over State. NORML has info on State/County/Local laws that might help. Don't forget that even if there are multiple patients at a residence, you are still limited to six plants unless you are cleared to grow for a collective at that location.

How much do the three of you use in a month?

 

[xmatox]

I don't agree with your interpretation of the law.
1. Per cal Norml's website a " "primary caregiver" is narrowly defined under Prop. 215 to be "the individual designated [by a legal patient] who has consistently assumed responsibility for the housing, health, or safety of that person." The law does not explicitly allow patients to have multiple caregivers. In contrast, a caregiver may serve more than one patient."

Also in the guidelines about how much you can grow, it says this...


2. "Under Prop. 215, patients are entitled to whatever amount of marijuana is necessary for their personal medical use. However, patients can be arrested if they exceed reasonable amounts and they can be cited or fined for exceeding local laws. Under MMRSA, which took effect Jan. 1, 2016, qualified patients can cultivate up to 100 square feet for personal medical use, and primary caregivers with five or fewer patients are allowed up to 500 square feet. Exemption under this section does not prevent a local government from further restricting or banning the cultivation of medical cannabis."

If it's your wife living with you, that is easily considered a caregiver relationship. As for your friend, if you are really worried about legality, you could learn to veg longer and produce more medicine with less plants.

I do however agree with you that you need to check up on your local laws, but as stated before a lawyer isn't needed for a small scale grow unless you can't comprehend the law.

 

[bryan oconner]

if your giving meds to a patient you need to consult a lawyer . he or she might be stupid resell it and you know what happens after that . they come to see you ! and if every thing is not 100 % legal then its not a medical grow . meaning your fucked . best to stick to cherry tomatoes or ghost chilly peppers like me lol

 

[DemonTrich]

I've been a mi caregiver for 6 patients (including myself) for 4 yrs. I don't give a shit what you patients do with the meds I donate to them. After the legal donation has occured, what happens after that is all on the patient, not me.

 

[thewanderingjack]

I've been reading up on the cultivations laws in California and still can't figure this out. I'd like to be able to cultivate for myself, my wife, and a friend who lives nearby. We all have our rec. I've read things that mention how collectives of 5 or more need to be licensed by the state government. It seems like I should be "okay" to do this, but was wondering if anyone had some insight. If it is permissible, my primary concern is whether or not I need to do paperwork, or if having a copy of the rec. letter is sufficient. Thanks everyone!

You should be OK, but NEED to check your local ordinances. COUNTY. CITY.

Here is some State info from CalNORML

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

Also check local regs for other details: In Humboldt a single patient is allowed 100 Sq Ft but also only 1200 watts of light for the whole grow (even should you have 2 separate 50sqft ones in separate parts of your house) and require all equipment be directly plugged into the wall/outlet (no extensions, no other devices).

Do not consult a lawyer!!

Does that actually sound like good advice? You can do it free... so why is it a bad idea? I say do it, you will get better info and have the number to call if anything does happen.

I've been a mi caregiver for 6 patients (including myself) for 4 yrs. I don't give a shit what you patients do with the meds I donate to them. After the legal donation has occured, what happens after that is all on the patient, not me.

That's cool you feel that way, and I hope "the man" never decides that you're wrong... just cuz it's how you do it, or it makes sense, doesn't make it legal.

 

[xmatox]

Ya, idk what bryan is trying to say... Sounds like you are trying to say something similar to gun manufacturers should be blamed for the actions of a shooter... The law in CA doesn't work that way. A grower is not going to be blamed for the actions of their patients... Patients have rules they have to follow as well.... Bottom line is you go get yourself a lawyer... spend that money... for shit you can do online because a bunch of idiots who are lazy say so. That's interesting you mention Humbolt because that's not how my friends lawyers in Humbolt are interpreting the law. The sq footage and wattage you mentioned are only mentioned in the law when it comes to personal use. He is going to grow for him and his wife as well, i.e he is now a caregiver. Different rules. The law states as a caregiver you can grow as much as you need, but grow to much and thats when the man comes knocking.... They have way better things to do than to come raid a 2-4 lighter. Nevermind the million dollar grows, or still the hundred of grows in CA who are WAY WAY over the limit. 20,30,40-100 lights...come on.

 

[DemonTrich]

Why the fvck should it be MY problem what my patients do with legal medical mj I donate to them? Does walmart care what you do with toilet paper they sell you? NO, so why is it my responsibility what my patients do with the meds on a legal transfer? Lay off the paranoia flowers bro. It's legal medical mj, not herion or crack

 

[xmatox]

Why the fvck should it be MY problem what my patients do with legal medical mj I donate to them? Does walmart care what you do with toilet paper they sell you? NO, so why is it my responsibility what my patients do with the meds on a legal transfer?

lol Because it's not....

 

[xmatox]

With that same logic, a dispensary would be responsible for someone who purchased something from them and went to resell/donate/or give away their product to someone else (a friend or w/e). Or an alcohol company being held responsible for a drunk driving incident... Come on, your logic is ridiculous.

 

[thewanderingjack]

That's interesting you mention Humbolt because that's not how my friends lawyers in Humbolt are interpreting the law.

Isn't it? because I said

a single patient

So that seems the same. to me .

only mentioned in the law when it comes to personal use.

Which is what he's doing as a patient/caregiver... he is not a business .

Also, no:

as a caregiver you can grow as much as you need

haha... heck, I even got the 100 wrong, it's only 50sqft... and here's a bit of the rest, with an especially relevant passage in bold:

55.1.8.1
Medical marijuana cultivation in a residen
ce shall not exceed fifty (50) square feet
or exceed ten (10) feet in height
per residence on a parcel; and
55.1.8.2 Medical marijuana cultivation in detach
ed accessory buildi
ngs shall not exceed
fifty (50) square feet or exceed ten (10) f
eet in height per residence on a parcel; and
55.1.8.3 A total of fifty (50) square feet of
indoor medical marijuana cultivation for
personal use, which does not exceed ten (10) feet in height, is permitted for each
residence on a parcel, regardless of whether th
e cultivation occurs in
a residence or in a
detached accessory building. In no case sh
all a residence or a detached accessory
building have a total of more than fifty (50) square feet or more than ten (10) feet in
height of medical marijuana cultivation area
per residence on the parc
el, regardless of the
number of qualified patients
or primary caregivers resi
ding at the residence or
participating directly or indire
ctly in the cultivation; and
55.1.8.4 The medical marijuana cultivation and processing area in the residence or
detached accessory building shall be indoors
, as defined herein,
posted with a legible
copy of the individual patient
’s medical marijuana recommendation, secured against
unauthorized entry, and maintained for the
exclusive use of the qualified patient; and
55.1.8.5 Grow lights for medical marijuana cultivation for personal use in a residence or a
detached accessory building shal
l not exceed 1200 watts total; and
55.1.8.6 All electrical equipment used in the i
ndoor cultivation of medical marijuana in a
residence or a detached accessory building shal
l be plugged directly into a wall outlet or
otherwise hardwired. The use of extension cord
s to supply power to electrical equipment
used in the residential cultivation of
medical marijuana is prohibited; and
55.1.8.7 The use of gas products (CO
2
, butane, etc.) for indoor medical marijuana
cultivation or processing in a residence or
a detached accessory building is prohibited;
and

 

[thewanderingjack]

With that same logic, a dispensary would be responsible for someone who purchased something from them and went to resell/donate/or give away their product to someone else (a friend or w/e). Or an alcohol company being held responsible for a drunk driving incident... Come on, your logic is ridiculous.

you mean like a liquor store is when they sell alcohol to an adult that turns around and sells it to little kids? or cigarettes? cuz um, yeah they are. I worked in alcohol in Caliornia, and trust me they are...

 

[xmatox]

Who is talking about kids? If you are giving kids drugs, you should go to jail. We are referring to a responsible adult with a rec, who wants to give medicine to other adults with a rec. You do realize when you get a rec you have laws that you as a cardholder have to follow, one of those rules is you cannot give your medicine away to others without a rec. I cannot believe someone would think a grower would be held responsible for someone else with a rec giving away the medicine you gave them. You're nuts. I will admit however that I stand corrected on the ordinance in Humbolt, but 50sq ft is still a lot for 2-3 people.

 

[thewanderingjack]

50 sq ft AND only 1200 watts... but yeah, for real needs type growing, that should be enough if you grow even decently.

And the kids thing... it's a parallel... I'm also not saying you're wrong regarding the issue, I've never been in that situation, so I don't know, but given the things I am aware of, like the underage thing (which, how is it my fault if an adult buys a keg for his kid's kegger? but it's an ass-load fine to the seller anyway I'll tell you, possible loss of license too). Unless you personal know of someone who's been charged with the crime and beaten in court, all we're really saying is it hasn't happened yet, and that we think it shouldn't happen, and won't, but I'm not a lawyer or up on all the regs, especially with it being soo all over the place by County, then city... I get proven wrong a lot, you just did, maybe we all will be about this next week, when someone does get busted for selling meds that got sold off on the black market...

I am suggesting he be better safe than sorry. He's obviously concerned about that.

 

[DemonTrich]

Stop smoking the Kool aid flowers everyone. Paranoia has set in fullly.

 

[Bacala]

Why the fvck should it be MY problem what my patients do with legal medical mj I donate to them....

That's the thing. His statement was clearly about illegal grows. Reading comprehension is a good thing.

 

[xmatox]

50 sq ft AND only 1200 watts... but yeah, for real needs type growing, that should be enough if you grow even decently.

And the kids thing... it's a parallel... I'm also not saying you're wrong regarding the issue, I've never been in that situation, so I don't know, but given the things I am aware of, like the underage thing (which, how is it my fault if an adult buys a keg for his kid's kegger? but it's an ass-load fine to the seller anyway I'll tell you, possible loss of license too). Unless you personal know of someone who's been charged with the crime and beaten in court, all we're really saying is it hasn't happened yet, and that we think it shouldn't happen, and won't, but I'm not a lawyer or up on all the regs, especially with it being soo all over the place by County, then city... I get proven wrong a lot, you just did, maybe we all will be about this next week, when someone does get busted for selling meds that got sold off on the black market...

I am suggesting he be better safe than sorry. He's obviously concerned about that.

I just don't see how a court would fine a store for selling to an adult, who then gives the liquor to a kid, yet someone who is family members of someone who was killed in an accident can't win suit against the store or the manufacturer. I'm reading the ABC laws of California and it doesn't say that the liquor store employee would be held responsible for what you are describing. If it was rightfully sold to someone is 21 yrs of age then their portion of the sale/responsibility would be done.

Q. 73. Is there anything a licensee or an employee may do to prevent selling to minors?

A. A licensee is authorized to demand documentary evidence of the age and identity of any person prior to the sale whenever there is the slightest doubt of the age of the prospective patron. Proof that a licensee was shown bona fide identification of the age and identity of the person, and in good faith relied on the evidence, establishes a defense. (Section 25660)
A 1999 amendment to Section 25659 says a licensee or an employee may seize an ID that shows the person is under 21, or that is false. A receipt must be given, and the ID turned over to the local law enforcement agency within 24 hours.
A licensee or employee has the right to refuse service to any person whose majority is questionable. (Section 25659)
A public premises licensee must post a sign visible from each public entrance and a similar sign inside reading "No Person Under 21 A1lowed." (Rule 107)
Training for licensees and their employees on how to prevent sales to minors and other violations is available through ABC's LEAD Program, or a private training provider. Contact the local ABC District Office for more information.

Q. 74. What is documentary evidence of age and identity?

A. To be suitable as evidence for a defense, the identification card must be issued by a governmental agency and have a current description and a picture of the person presenting it which reasonably describes the person as to date of birth weight, height, sex and color of eyes and hair. No defense will exist if the card has obviously been altered or has expired. A registration certificate issued under the Federal Selective Service Act is no longer considered documentary evidence of age, identity and date of birth. (Section 25660)

Q. 75. What other defense is available to a licensee accused of selling to minors?

A. A licensee accused of selling to minors has only three defenses:

• No sale or serving of alcoholic beverages was made to the minor.
• The person sold or served is in fact twenty-one years of age or older.
• The person to whom the alcoholic beverage was sold or served furnished bona fide documentary evidence of majority and identity as described in Q.74. An example would be a motor vehicle operator's license or an identification card issued by the Armed Forces which the licensee in good faith carefully examined and reasonably relied upon as such evidence. (Section 25660)

Not saying you are wrong, i just don't see it in the context.