Definitely discretion. NEVER call unwanted attention to yourself if there is any way around it. That being said, back to the OP's question. Here in Calif., the State Supreme Court ruled this year that there can be no limits set on the number of plants grown. So I talked to a couple of firendly officers that I know and they confirmed that as long as a patient has his doctors rec and is uner 99 plants they will not take their medicine, detain them other than to verify paperwork, or prosecute.