being a caregiver. in sb county lots o'questions

chess

Member
hello i have 2 friends with the mmj for 36 plants each (for edibles they hate smoking) and they want me to grow their stuff for them i am in san bernardino county and so are they but sb county only allows 6 plants so how is that possible? i read alot of the laws and stuff and some of it doesnt add up so how can i go about this the legal way? thanks in advance.
 

makin green

Member
they probably got there cards from a shady doctor. im pretty sure you have to have your card if your going to grow for your friends
 

akgrown

Well-Known Member
Unless you have a card and your friends assign you as a caregiver it would be an illegal grow.
 

Foreverstoned

Well-Known Member
Just get your card and then grow for them. The possession limits were dropped unless you got a state ID card, but I'd still stay under 99 plants just to be safe if I were you.
 

Foreverstoned

Well-Known Member
That is only information about the state card, which is not recommended for someone who intends to grow more than 6 mature plants or 12 immature plants at a time. A state card guarantees immunity from persecution, but you are subject to the limits imposed by SB 420. If you have only a doctors recommendation then you can grow and possess as much as necessary, but instead of immunity from persecution, the recommendation gives you the ability to argue medical necessity in court and have the charges dropped. Nowadays though, a recommendation is really all you need in almost any case, as the police won't bother to take you to court since they know that as long as the doctors recommendation is current and the doctor is actually a licensed CA doctor the charges will be dropped each time and waste the state money it doesn't have. Just get your recommendation, grow as much as the patients require, and just don't make a big deal out of it. They won't bug you as long as you stay 100% legal and stay quiet about it.
 

ChemoBoy

Active Member
That is only information about the state card, which is not recommended for someone who intends to grow more than 6 mature plants or 12 immature plants at a time. A state card guarantees immunity from persecution, but you are subject to the limits imposed by SB 420. If you have only a doctors recommendation then you can grow and possess as much as necessary, but instead of immunity from persecution, the recommendation gives you the ability to argue medical necessity in court and have the charges dropped. Nowadays though, a recommendation is really all you need in almost any case, as the police won't bother to take you to court since they know that as long as the doctors recommendation is current and the doctor is actually a licensed CA doctor the charges will be dropped each time and waste the state money it doesn't have. Just get your recommendation, grow as much as the patients require, and just don't make a big deal out of it. They won't bug you as long as you stay 100% legal and stay quiet about it.
If you get stopped with pot, and you have a doc's recommendation, an unfriendly cop can ABSOLUTELY take you in first and figure out whether the recommendation is valid later. That's why you get the card -- a cop can't persecute you because he MUST run the card on the spot rather than back at the station. But you have to have the doc's recommendation ALSO, by definition. And that is what you use to justify your growing, etc.

The safest thing to do is not have anything to do with cannabis at ALL; pretty sure you won't have any trouble. The next level of protection is having a card for stops and a doc's recommendation for your grow, and having your grow within the OLD, now-ruled-unconstitutional limits (state limits or local limits if you have them -- they're different sometimes). The feds can still chase you, but there's no actual evidence that I can find that ANYONE has been prosecuted just for having six plants flowering. The NEXT level of risk: doc's recommendation only and growing up to what you want. As long as you stay under 99 plants, you avoid the federal mandatory minimum 5 year sentence which starts at 100 plants. Recently, they raided an op up north that even had been sheriff inspected and the owner paid an actual FEE to license the grow -- first in the state.

It's not as simple as "stay 100% legal and stay quiet"; what's 'legal' varies and isn't completely legal under federal law anyway. And the doc's note helps you defend yourself IN COURT, which means you could do some time in jail. Let's not sugar-coat it. Yeah, get your doc's recommendation. Yeah, get the card. Yeah, keep it quiet and don't even talk to your friends about it. Do it all. Know the risk and pick the level that's right for you. For me, that's 6 flowering plants, cuz I have an absolute allergy to ass rape.

:evil:
 

Foreverstoned

Well-Known Member
If you get stopped with pot, and you have a doc's recommendation, an unfriendly cop can ABSOLUTELY take you in first and figure out whether the recommendation is valid later. That's why you get the card -- a cop can't persecute you because he MUST run the card on the spot rather than back at the station. But you have to have the doc's recommendation ALSO, by definition. And that is what you use to justify your growing, etc.

The safest thing to do is not have anything to do with cannabis at ALL; pretty sure you won't have any trouble. The next level of protection is having a card for stops and a doc's recommendation for your grow, and having your grow within the OLD, now-ruled-unconstitutional limits (state limits or local limits if you have them -- they're different sometimes). The feds can still chase you, but there's no actual evidence that I can find that ANYONE has been prosecuted just for having six plants flowering. The NEXT level of risk: doc's recommendation only and growing up to what you want. As long as you stay under 99 plants, you avoid the federal mandatory minimum 5 year sentence which starts at 100 plants. Recently, they raided an op up north that even had been sheriff inspected and the owner paid an actual FEE to license the grow -- first in the state.

It's not as simple as "stay 100% legal and stay quiet"; what's 'legal' varies and isn't completely legal under federal law anyway. And the doc's note helps you defend yourself IN COURT, which means you could do some time in jail. Let's not sugar-coat it. Yeah, get your doc's recommendation. Yeah, get the card. Yeah, keep it quiet and don't even talk to your friends about it. Do it all. Know the risk and pick the level that's right for you. For me, that's 6 flowering plants, cuz I have an absolute allergy to ass rape.

:evil:
I know that a cop could theoretically still take you in if you only have a recommendation, hence why I said "the recommendation gives you the ability to argue medical necessity in court and have the charges dropped"

As I was trying to say, the state card is a complete waste of money in most cases as you are subjected to limits (unless you get a doctors recommendation that explicitly states you require more than the normal amount allowed under SB 420), and it is a major invasion of ones privacy. I live in one of the most anti-MMJ counties in the state (there are literally no county licensed cooperatives or delivery services) and have still never had any trouble. Many legit doctors won't right away write up a recommendation allowing you to have 72 plants or more simply because it would put them under additional scrutiny. Plus if you have your state card and grow more than what SB 420 allows with out having a recommendation explicitly stating other wise you completely lose your ability to get the charges dropped.

Next time you try to prove someone wrong, make sure you first don't repeat what they said first.
 

ChemoBoy

Active Member
Next time you try to prove someone wrong, make sure you first don't repeat what they said first.
It's not a dick measuring contest, buddy. We all put our info up here and the community benefits as a whole. I'm sure we both wrote things that are more or less accurate and could use additional detail and expertise. If you're an attorney or can quote some other credible source, I'd appreciate the clarification. Otherwise, I'd recommend to ANYONE to consult an attorney rather than listen to guys on message boards. :)
 

Foreverstoned

Well-Known Member
It's not a dick measuring contest, buddy. We all put our info up here and the community benefits as a whole. I'm sure we both wrote things that are more or less accurate and could use additional detail and expertise. If you're an attorney or can quote some other credible source, I'd appreciate the clarification. Otherwise, I'd recommend to ANYONE to consult an attorney rather than listen to guys on message boards. :)
Huh? I was just merely pointing out that you were basically re-writing exactly what I said.

Also, it's impossible to possess a state card just for possession AND have a separate recommendation for your growing. It's either you get a default state card and are subjected to the limits, get a recommendation explicitly allowing you to grow more than what is allowed under SB 420 and THEN get the card, or you just risk the hassle of being taken to court and just get a recommendation but not be subjected to any limits or have to release any personal information. Obviously yes, no matter what the feds can raid you, but as long as you are quiet and no one knows, how exactly are they supposed to find out?

I have had plenty of run ins with asshole cops in my county and I have never once been taken in over possession or even growing. Hell they have never even bothered to call in my recommendation, and I have had to produce my recommendation for law enforcement about 8 times now. Every time I've simply been compliant, honest, and once I show them my recommendation they tend to just back off. Again, yes, they can theoretically take you in if you just have a recommendation and make you jump through all the legal hoops, but the state doesn't exactly have the money to be pursuing cases that are going to just get dropped anyway. Honestly I'd rather risk the hassle of being taken to court and having the charges dropped than have it become even harder to get a decent job because any potential employers would know I choose to use medical cannabis. Plus if you just get your recommendation and are still paranoid about the state police, just never carry more than an ounce on you at a time. That way even if they are dicks and don't take your recommendation seriously they can't do more than give you a citation and confiscate your medicine, which they are forced to give back to you anyway once they verify that your recommendation is legit.
 
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