Can one get 2 mmj recommendations?
- Thread starter Kushfan
- Start date
SpicySativa
Well-Known Member
Nope.
Technically, SB420 (which established the plant limits) was found unconstitutional in the People vs. Kelly case (read up on it). In reality, it would take a good lawyer to win that case. They'd rather squeeze a little money from you than drag it through court.
Technically, SB420 (which established the plant limits) was found unconstitutional in the People vs. Kelly case (read up on it). In reality, it would take a good lawyer to win that case. They'd rather squeeze a little money from you than drag it through court.
BustinScales510
Well-Known Member
No.
That would be totally funny though if you got recs from like 30 different doctors and set up a major grow..if the cops came you could say "We're a collective,we have a lot of sick patients that we need meds for", and then hand him a binder full of all your recs.
That would be totally funny though if you got recs from like 30 different doctors and set up a major grow..if the cops came you could say "We're a collective,we have a lot of sick patients that we need meds for", and then hand him a binder full of all your recs.
I've read up on that. The norml website states that this does not change the current law and is advisable to stick to your state/county limit.
I put in an inquiry to my doctor to change my rec to increase my limit (I know people that have had their limit increased on their rec), but he said they don't do that and anyone who does is not legit.
hyroot
Well-Known Member
if you want to up your plant limit, care givers rec or get copies from different patients and say you grow for them. Thats what all the dispensaries do. When you go to one and they make a copy of your rec for their records. You become one of the patients they grow for. Only you never see anything. Thats why first timers get a free gram. Nothing in the laws says anything to the contrary,
I have a buddy who does he same thing. cops came to his house for another reason. They saw the garden. They said "well looks like you are up to code" after they saw the patient copies on the wall.
I have a buddy who does he same thing. cops came to his house for another reason. They saw the garden. They said "well looks like you are up to code" after they saw the patient copies on the wall.
hyroot
Well-Known Member
yep it is.
SnapsProvolone
Well-Known Member
Bust a move to Colorado and get a high plant count card.
Andrew2112
Well-Known Member
I read this in lawyer Bruce Margolin's book and he goes on to say that the doctor's testimony is a legal "trump card" and that the plant number needs to be consistent with patients current medical needs. So in my case I was recommended medicinal cannabis by my primary physician of three years at the time and he not only filled out the government form that I downloaded from the Medical Marijuana Program website, he also wrote out instructions on his prescription pad stating that I am to take up to 3 grams of medical cannabis a day and orally consume up to 1 oz every two weeks. This comes to a total of just over 4 lbs a year. So along with my Health Department ID card legally I am legally allowed/protected to grow enough plants for this much.
I had the police show up once and they forced their way into the apartment, found me watering my plants and after handcuffing me and checking my rec and prescription pad I heard them inform a newer officer that I am allowed to grow as many plants as I want (since they have to respect the ID cards, as well as my doctors instructions). They left after checking to make sure I was not stealing electricity. Overall that experience gave me more confidence in law enforcement respecting my rights as a patient as long as I have the paperwork t back it up.
Andrew2112
Well-Known Member
Here is an excerpt from Bruce Margolin's book:
How Many Plants Can A Patient Grow? In order to have the protections afforded by SB 420, a patient must have no more than six mature (floweringbuds) or twelve immature plants (unless the local guidelines exceed that amount). Additionally, a doctors letteralone does not have to be accepted by the police, and therefore it is often necessary to have a county healthdepartment issued patient or caregiver identification card to avoid being arrested and your plants confiscated.However, if prosecuted in court proceedings there is no limit on the number of plants a patient may have, butthe amounts must be reasonably necessary for the patients or caregivers current medical needs; and there mustbe no evidence of sales.
The U.S. Federal Program established in 1976 by the National Institute on Drug Abuse in their CompassionateInvestigational New Drug Program, is still providing 7 patients with about a half-pound per month or 2 ouncesper week per patient; which works out to 6 pounds per year (See Internet, Patient Robert C. Randell 1948-2001) .
A large number of plants are needed to cultivate that amount of bud, especially if its an outdoor grow, as it islimited to one crop annually.
Under Prop. 215(Compassionate Use Act of 1996) there are no limits as to how many plants or how much mari-juana a patient may possess or cultivate. In court proceedings (where a patient is prosecuted) the limitations ofthe quantitative provisions (8 ounces, 6-12 plants) of SB 420 have been invalidated and deemed unconstitutionalas unlawfully diminishing the rights of patients facing prosecution, as established by Prop 215. Patients maypossess or cultivate amounts that are consistent with their current medical needs. See People v. Kelly (2010) onpage 19 here in the guide Landmark Cases.
The doctors evaluation of patients needs can be the most relevant evidence. Some doctors have been provid-ing 99 plant recommendations. However, I believe it is necessary that its established that the number of plantsis necessary for the current medical needs of the patient.
The 1992 DEA Cannabis Yields study concluded that the weight of the dried, manicured, medical grade budfrom a plant only accounts for 710% of the plants total weight while being cultivated.
Defense expert testimony may explain the factors involved in growing and harvesting medical marijuana inorder to help the judge or jury evaluate whether the number of plants seized was reasonably required to meetthe then-current medical needs of the patient.
See information about the National Institute of Court Qualified Cannabis Experts in the Report to the Peopleand Patient Collectives and Cooperatives sections in my guide.
Experts use some of the following factors in their opinions as to whether the amounts are reasonably necessary:
As I predicted, The California Supreme Court ruled that the limits set by SB 420 (8ounces, 6 mature or 12 immature plants) are unconstitutional when applied tocourt proceedings, which means that a patient needs to raise only a reasonabledoubt in defending their case in court that the quantity was reasonably related totheir medical needs. All other provisions of SB 420 remain including patients rightsto collectively cultivate, etc. See People v. Kelly (2010) on page 19 here in the guideLandmark Cases.
PATIENT/DEFENDANT MAY POSSESS AND CULTIVATE ANY AMOUNTS FOR THEIR PERSONAL MEDICAL NEEDS
People v. Kelly: (2010) [47 Cal. 4th 1008] - The Supreme Court recently ruled the quantitative guidelines estab- lished in SB 420 to be unconstitutional when applied to the in court prosecution of a patient. This does not mean that there are no limitations on what a patient may grow or possess but must be reasonably related to the patients current medical needs.
Local safe harbor policies exist to provide guidance to the police and to keep pa-tients from being arrested, prosecuted and to avoid confiscation of their medicalmarijuana.
The physicians opinion regarding the amounts consistent with the patients needs takes precedence over thelimits set by SB 420. (Trump Card)
How Many Plants Can A Patient Grow? In order to have the protections afforded by SB 420, a patient must have no more than six mature (floweringbuds) or twelve immature plants (unless the local guidelines exceed that amount). Additionally, a doctors letteralone does not have to be accepted by the police, and therefore it is often necessary to have a county healthdepartment issued patient or caregiver identification card to avoid being arrested and your plants confiscated.However, if prosecuted in court proceedings there is no limit on the number of plants a patient may have, butthe amounts must be reasonably necessary for the patients or caregivers current medical needs; and there mustbe no evidence of sales.
The U.S. Federal Program established in 1976 by the National Institute on Drug Abuse in their CompassionateInvestigational New Drug Program, is still providing 7 patients with about a half-pound per month or 2 ouncesper week per patient; which works out to 6 pounds per year (See Internet, Patient Robert C. Randell 1948-2001) .
A large number of plants are needed to cultivate that amount of bud, especially if its an outdoor grow, as it islimited to one crop annually.
Under Prop. 215(Compassionate Use Act of 1996) there are no limits as to how many plants or how much mari-juana a patient may possess or cultivate. In court proceedings (where a patient is prosecuted) the limitations ofthe quantitative provisions (8 ounces, 6-12 plants) of SB 420 have been invalidated and deemed unconstitutionalas unlawfully diminishing the rights of patients facing prosecution, as established by Prop 215. Patients maypossess or cultivate amounts that are consistent with their current medical needs. See People v. Kelly (2010) onpage 19 here in the guide Landmark Cases.
The doctors evaluation of patients needs can be the most relevant evidence. Some doctors have been provid-ing 99 plant recommendations. However, I believe it is necessary that its established that the number of plantsis necessary for the current medical needs of the patient.
The 1992 DEA Cannabis Yields study concluded that the weight of the dried, manicured, medical grade budfrom a plant only accounts for 710% of the plants total weight while being cultivated.
Defense expert testimony may explain the factors involved in growing and harvesting medical marijuana inorder to help the judge or jury evaluate whether the number of plants seized was reasonably required to meetthe then-current medical needs of the patient.
See information about the National Institute of Court Qualified Cannabis Experts in the Report to the Peopleand Patient Collectives and Cooperatives sections in my guide.
Experts use some of the following factors in their opinions as to whether the amounts are reasonably necessary:
-
indoor grows may yield less per crop, but may yield two to three harvests each year. -
four times the amount to get the same medicinal effects as the patients who smoke it. -
drug use. Such patients may require higher dosages of medical marijuana in order to be effective. -
Example of a court qualified cannabis experts testimony regarding the evaluation of the patients medical needs:
Christopher Conrad is a court qualified cannabis expert. He testified that it is extremely common for users of medical marijuana to keep supplies of marijuanaon hand. This is because dispensaries routinely are being shut down all around the state, leaving patients with nowhere to go except the black market, whichcan be unreliable, dangerous, [and] expensive. It is also common for users of medical marijuana to store marijuana in multiple bags to keep track of the differ-ent varieties of marijuana that come from different plants and to more easily carry and handle it for themselves. Marijuana can be stored for five years withoutlosing a significant amount of its potency. Marijuana can be ingested either by smoking it or eating it. When marijuana is eaten, patient needs to consumebetween three to five times more then when it is smoked. According to a study by the National Institute on Drug Abuse, a typical marijuana plant of about sixfeet produces about four ounces offinished bud.It isextremely difficultto anticipate the yield from a marijuana plant because it is hard to tell how much aplant will grown and how pests or diseases might affect the plant. The total useable amount calculated by Conrad, in that case, of approximately nine and one-half pounds was enough for a one-year supply if the marijuana was eaten, or a three-year supply if smoked by that patient. See People V. CHAKOS, Page 20 - ​
As I predicted, The California Supreme Court ruled that the limits set by SB 420 (8ounces, 6 mature or 12 immature plants) are unconstitutional when applied tocourt proceedings, which means that a patient needs to raise only a reasonabledoubt in defending their case in court that the quantity was reasonably related totheir medical needs. All other provisions of SB 420 remain including patients rightsto collectively cultivate, etc. See People v. Kelly (2010) on page 19 here in the guideLandmark Cases.
PATIENT/DEFENDANT MAY POSSESS AND CULTIVATE ANY AMOUNTS FOR THEIR PERSONAL MEDICAL NEEDS
People v. Kelly: (2010) [47 Cal. 4th 1008] - The Supreme Court recently ruled the quantitative guidelines estab- lished in SB 420 to be unconstitutional when applied to the in court prosecution of a patient. This does not mean that there are no limitations on what a patient may grow or possess but must be reasonably related to the patients current medical needs.
Local safe harbor policies exist to provide guidance to the police and to keep pa-tients from being arrested, prosecuted and to avoid confiscation of their medicalmarijuana.
The physicians opinion regarding the amounts consistent with the patients needs takes precedence over thelimits set by SB 420. (Trump Card)
But collectives have you fill out a bunch of legal paperwork to provide for you. Although I like the idea, I don't think it's as easy as having a copy of someone else's rec and saying you grow for them.
hyroot
Well-Known Member
they make you fill all that out to have your info so they can say that and to make sure your rec is legit. It is that easy! I researched the hell out of it years ago. nothing has change except precidents in court in our favor. How do you think some coolectives grow for so many patients. They don't have the cae givers rec. Then they would actually have to be caregivers taking care of each patients lives day in and day out.