Originally Posted by StoneMeadow
I urge caution with this idea until it's settled law (presuming Prop 19 passes). IANAL, but a lawyer friend of mine explained it like this: An ambitious DA can bust someone for a stacked grow on the grounds that each layer is additive square footage. The big unknown is...can he get a conviction that holds up under appeal?
There is "statute law", which is what's written. And then there is "case law", which is what the courts have decided the words in the statute mean. Case in point (if you'll pardon the pun... :thumbsup:) is that the mmj statute says patients can "grow their own". Various jurisdictions in Cali tried to set arbitrary limits on the number of plants patients could grow, but were overturned by the California Supreme Court. The Supremes ruled that since the statute sets no limits a mmj patient can grow any "reasonable amount" for their own use or to sell to a dispensary. AFAIK this has so far withstood challenge or limitation by local authorities.
BTW, by taking the mmj case to the CSC, mmj patients have powerful protection from Prop 19 limitations. Recreational users will be limited to 25 sq ft, but not mmj patients.
The major point here is that the question of stacked systems is an unsettled question of law. Do you feel lucky, or should you stay within the strictest interpretation of 25 sq ft until the issue is settled?
Again, IANAL, but it makes sense to me. All the more reason to get one's 215 card. :D