Ramifications of small grow in CA (San Francisco)

[Zandor]

California


SUMMARY: Fifty-six percent of voters approved Proposition 215 on November 5, 1996. The law took effect the following day. It removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a "written or oral recommendation" from their physician that he or she "would benefit from medical marijuana." Patients diagnosed with any debilitating illness where the medical use of marijuana has been "deemed appropriate and has been recommended by a physician" are afforded legal protection under this act. Conditions typically covered by the law include but are not limited to: arthritis; cachexia; cancer; chronic pain; HIV or AIDS; epilepsy; migraine; and multiple sclerosis. No set limits regarding the amount of marijuana patients may possess and/or cultivate were provided by this act, though the California Legislature adopted guidelines in 2003.

AMENDMENTS: Yes. Senate Bill 420, which was signed into law in October 2003 and took effect on January 1, 2004, imposes statewide guidelines outlining how much medicinal marijuana patients may grow and possess. Under the guidelines, qualified patients and/or their primary caregivers may possess no more than eight ounces of dried marijuana and/or six mature (or 12 immature) marijuana plants. However, S.B. 420 allows patients to possess larger amounts of marijuana when such quantities are recommended by a physician. The legislation also allows counties and municipalities to approve and/or maintain local ordinances permitting patients to possess larger quantities of medicinal pot than allowed under the new state guidelines.

Senate Bill 420 also mandates the California Department of State Health Services to establish a voluntary medicinal marijuana patient registry, and issue identification cards to qualified patients. To date, however, no such registry has been established.

Senate Bill 420 also grants implied legal protection to the state's medicinal marijuana dispensaries, stating, "Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients ... who associate within the state of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions."

CONTACT INFORMATION: For more information on Californiaâ??s medical marijuana law, please contact:

California NORML
2215-R Market Street #278
San Francisco, CA 94144
(415) 563-5858
http://www.canorml.org

For a list of California doctors who recommend medical cannabis, please visit:
http://www.canorml.org/prop/215physicians.html

For a list of California medical cannabis providers, please visit:
http://www.canorml.org/prop/cbclist.html

[motorcycletony222]

Are you going to have all the required paperwork? Are you going to sell? If so that prop. does not apply to you. The po po's are still busting people for weed. The thing is now the legal threshold. If you have under 28.5 grams you go to the diversion program. You still have to deal with the Feds if the state does not pick up the charges. Go to your local court house some morning and look at the charges people are being held for. It could be a wake up call for you.

[Trichome Creator]

I do beleive they update that information monthly or when the laws change and by the way Jaques you have mail.

[Crispyfried]

How about this. First, never sell. Second, grow plants as small as possible, and don't keep anything extra around. Also, be prepared to dispose of any plants completely very quickly. No plants mean no real evidence. And yes, the written law is sick. However, people are constantly breaking the law, and the vast majority of offenses are not seen/known or prosecuted. I've known people who became cops BEFORE they were cops, and they did at least as many illegal things as the average person. It seems that it's critical to not do or have any other types of illegal drugs if you have marijuana. The other stuff will really make busting you worthwhile.

[motorcycletony222]

The Fried Crisp is right. If someone at the DA's office has a hard on for you, you'll get a DOC number. If you are going to grow have nothing else going on and be at peace with your neighbors. I've known a couple of friends before they became the enemy. Its a job, lets hope they take bribes.

[Myth1184]

Zandor is doesnt matter if California passed a law saying you can grow it, Its a Federal Crime to Cultivate Marijuana

[Zandor]

A small grow is very hard to find and if the locals don't find you then the feds will not.

If you grow hundreds of plants then sure the feds may have an interest in you but for a small single grow I believe you are safe. The last few people they tried to bust for growing they had a very hard time finding a jury who did not know about prop 215 and the state law vs. fed rule. It's getting harder and harder for them to get a conviction. Their best tool is intimidation and to settle on a reduced sentence before you go to trial.

Sure the feds can bust you for even just one joint but they always' have had that authority so nothing has changed. They are more interested in the large-scale grower then the small personal grower is what I am saying. Hell even the local CHP is giving back the pot they sized from people who have a med lic.


Hell it's a federal crime to cheat on your taxes too....guess nobody does that either.