Exceeding SB 420 limits

Kaptain Kron

Well-Known Member
How much do u know about the legal system man? It's been done for us supreme court decision. Can't be overturned except by suprememly court appeal. I have no problem goin to court with fifty plants, why? Because there's case law in my favor already and all it takes is one reference and oh case dropped. Why? Because I'm not stupid enough to be caught selling a damn thing. I grow for myself and friends let em try and prove I sold anything they can't because all my friends are patients and dont pay a dime for herb. They pay my power bill and for equipment. It's not hard to avoid prosecution. Just don't be fuckin stupid keep it under 99 keep ur mouth shut and don't get caught with like 50 pounds or something. Make it obvious it's for your and fellow patients use, I hold a state of California Mmp card and they even told me the 6-12 ant law was debunked. The fuckin STATE TOLD ME THAT.

the guidelines/limits are 6 mature 12 immature, unless your county states its higher, or you get a cultivators license.....thats that. there is no law or ruling saying that all patients can grow as much as you want as long as its under 99 plants...what the hell are you guys talking about? if you want to take the risk in court trying to explain that you needed 50 plants versus 6 good luck with that...."i need that many plants to make edibles"....Oh yeah, that sounds legit, ok youre free to go! no.
 

miscbrah3284

Well-Known Member
How much do u know about the legal system man? It's been done for us supreme court decision. Can't be overturned except by suprememly court appeal. I have no problem goin to court with fifty plants, why? Because there's case law in my favor already and all it takes is one reference and oh case dropped. Why? Because I'm not stupid enough to be caught selling a damn thing. I grow for myself and friends let em try and prove I sold anything they can't because all my friends are patients and dont pay a dime for herb. They pay my power bill and for equipment. It's not hard to avoid prosecution. Just don't be fuckin stupid keep it under 99 keep ur mouth shut and don't get caught with like 50 pounds or something. Make it obvious it's for your and fellow patients use, I hold a state of California Mmp card and they even told me the 6-12 ant law was debunked. The fuckin STATE TOLD ME THAT.
I am talking about just yourself though, not growing for yourself + other patients aka making you their caregiver....im talking about just you, yourself growing well over the limits....
 

mccumcumber

Well-Known Member
sb 420 says you can grow as much as medically necessary. What does that mean? Stick under 99 plants so feds don't get involved, and have a great lawyer's phone number on speed dial. Follow those two protocol and you will be fine.
 

bigblockhead

Active Member
My problem with the 99 plant limit is that you have a large quantity at harvest time and if you get checked you better have a really good answer as to why you have so much pot on hand. For me - getting checked is more of a reality than most patients so I have to be 100% sure of the rules. AND I will get the number of a good lawyer.
 

lostNug

Well-Known Member
There actually is no limit anymore. A doctor can write a rec saying what ever he wants. Most still like to keep it to 99 per person. So if u start a collective grow, you can have as many plants as ud like as long as u got enough members.
 
The SB 420 plant number limits were struck down as unconstitutional by an appellate court decision, because Prop 215 was voted in by the citizens, and did not include any plant number limits. So the appellate justices said that any plant number limits would have to be put to a vote of the people.

Also, there is no such thing as a "Growers Certificate" or anything else that some unscrupulous clinics are selling. The law says that all you need is a doctor's recommendation, and you are afforded all that the law allows. The law allows you to grow however many plants you need to supply your medicine.

:mrgreen:

That is 100% correct. All of these clinics selling "grow more pot" recs are scamming people and should be shut down.
 
My problem with the 99 plant limit is that you have a large quantity at harvest time and if you get checked you better have a really good answer as to why you have so much pot on hand. For me - getting checked is more of a reality than most patients so I have to be 100% sure of the rules. AND I will get the number of a good lawyer.
You're way over thinking this. If you're in California then grow out the 99 plants and no one is going to fuck with you as long as you have an mmj rec, well, no one except the rippers.
 

TheNovadude

Member
The federal statute doesnt allow more than 99 plants, any more than that and you are cultivating, which is against federal law, so that is why it doesnt matter how many people have a card, any one grow/garden can only be 99 or less.. doc only gave me 10 plants, gave my wife 49, we grew enough to harvest 6lb of bud, had to ditch the trim,, that was another 4lbs.
 

Matt Rize

Hashmaster
What is important is

1) Will your doctor come testify on your behalf with what you have?

2) How much do they charge for the appearance?


If you want to get around the limits see Dr Courtney in Mendocino.
 

doublejj

Well-Known Member
My dr recommendation doesn't have any limits on it. It only says that he thinks I will have a medical benifit from Cannabis, that's it! No amount, no limit.

The only real limit now is how much do you think the feds will look the other way, & how much will make them come after you.

Now, 99 plants invokes some federal mandatory sentences, so most people draw the line there.

You wouldn't believe how many storage lockers in Northern California are full of meds!;-)
I keep waiting for one of those "Storage Wars" tv shows to find a big stash!lol!

peace
doublejj
 

Matt Rize

Hashmaster
What matters is what your doctor will testify in court that you need should that be needed, this is for state and local court which is most cases. Cops can confiscate almost anything they want, arrest you, and make you prove your innocence if they so choose.

No amounts no limts, means you have no idea what he/she will testify that you need in court. A "better" dr rec has plant counts and quantity requirements, meaning you've established with your doctor what they will testify you need medically should you get popped.

If you catch a federal case then mmj doesn't exist.
 

doublejj

Well-Known Member
The key is to avoid a federal case. They are after revenu. They are after cash & property.
If you don't have a lot of either of those, they will drop you like a bad habit. They have limited resources, & they are trying to feed the monster!
Just don't keep large quantities of either weed or cash around your home or car, that's what storage lockers are for.

Good luck

peace
doublejj
 

doser

Well-Known Member
Correct me if I'm wrong, but this is the plan I have come up with. Valid Rec + tightly sealed lips + under 99 ladies = smooth sailing?
The thing is, in the real world your plan sucks and here is why. Anyone with half a brain (unfortunatly this would describe MOST of law enforcment) knows that if you are growing more than six plants you are a commercial grower. At that point ypu fall under the title "Public Menace" as far as the cops are concerned.
After they kick your door down, scare the bejabbers out of the wife and kids, not to mention shooting the dog, rip up your garden steal your lights cameras and action and then leave without so much as an oppology. Then you got to hire a lawyer spend time in court and when the Judge says "ya, you're legal" then congratulations, you win? I don't think so. If you are growing over 6 plants then watch your ass or don't do it. You are fucked if you are hoping the law is going to protect you. That is the reality of the world today.
 

labudman

Active Member
The thing is, in the real world your plan sucks and here is why. Anyone with half a brain (unfortunatly this would describe MOST of law enforcment) knows that if you are growing more than six plants you are a commercial grower. At that point ypu fall under the title "Public Menace" as far as the cops are concerned.
After they kick your door down, scare the bejabbers out of the wife and kids, not to mention shooting the dog, rip up your garden steal your lights cameras and action and then leave without so much as an oppology. Then you got to hire a lawyer spend time in court and when the Judge says "ya, you're legal" then congratulations, you win? I don't think so. If you are growing over 6 plants then watch your ass or don't do it. You are fucked if you are hoping the law is going to protect you. That is the reality of the world today.
How are cops going to know someones indoor plant count? I know people who exceed the 6 plant city limit and have been doing so for many years. Where are you getting these ideas from?
 

Dan Kone

Well-Known Member
Sure man , go to the Doctor and ask for a cultivators license. It will cost you 200.00 . It allows you to grow up to 99 plants and hold anywhere from 2-5 pounds of dried medicine.
The only "cultivators license" that is in any way legal or useful is the doctors rec. Some doctors will allow you to pay extra to put 99 plants on your rec, and that is legit. The 99 plant limit recs should hold up in court, but you can also be expected to have to defend why you need 99 plants in court.
 

Dan Kone

Well-Known Member
Link to appellate court decision possibly. I'd like to show this to my partner it would make him feel better about our numbers were all under 50 so nothin big probably under 15 I think so way small but were about to get a nice lil infusion into the garden and it would be nice to put his mind at ease. My doctor told me this but didn't get into the whole court thing just told me I could do what I wanted now just don't do over 99 unless u like the Feds ;)
The Kelly decision doesn't allow you to grow as much as you want up to 99 plants. It just throws out the sb420 plant limits. You can grow how ever much you can defend for personal use in court. There is no set number, however a doctors rec with a specific plant limit would give you a pretty solid defense. How much you can grow is intentionally kept a grey area so cops can come fuck with you when ever they want.

If you're growing 99, you should have a consultation with LOCAL prop 215 criminal lawyer. The lawyer will tell you what the risks are and how to minimize them. It sucks to dump money on a lawyer like that but it's far cheaper to consult a lawyer in advance so you can be prepared than to be unprepared and have a grow that is legally difficult to defend.
 
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