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California policy

Discussion in 'Medical Marijuana Usage and Applications' started by rynlnk, Feb 21, 2009.

  1. #1 rynlnk, Feb 21, 2009
    Last edited by a moderator: Feb 21, 2009
    In the National Geographic show, "Marijuana Nation", it was stated that in California, anyone can get a license to grow medicinal marijuana. Is this accurate? Who can really grow it?

    Also, a California Court decided that "It is not the job of local police to enforce federal drug laws." based on "the Attorney General’s argument that governmental subdivisions of the state are bound by the state’s laws". The U.S. Supreme Court upheld the decision by declining to review it. Did this make it illegal for rogue state and local police to raid patients growing marijuana for personal use? Is there any legal risk for them at all? I've heard that the DEA said they aren't interested in patients who grow their own.
     
  2. #2 Slathe, Feb 21, 2009
    Google.

    You answered most of you're own questions. It is legal limbo... If you have a condition that qualifies you, you can be an MJ patient. If you are an MJ patient you can grow weed in that state... Now legally you can posses, use, and grow weed in CA at a state level if you are a MJ patint, but it's still illeagal fedraly. What this means is, you are safe from STATE level prosicution and not FEDRAL level prosicution.
     
  3. #3 WildWill, Feb 21, 2009
    Local and State law enforcement are bound by law to uphold the state laws of California, and there is no such thing as federal police, so to answer your question about enforcement, no, cops cannot circumvent the MMJ laws and raid dispensaries or harass patients. Doesn't mean it might not happen, but it does mean that there are legal defenses for patients and dispensaries. Growers are in more of a legal limbo area, and I personally have no desire to test the laws by growing a shitload of MJ for other patients (besides the fact that I can't grow for beans anyway).
     
  4. #4 Storm Crow, Feb 21, 2009
    Any California MMJ patient can grow their own cannabis. Your doctor is the ultimate authority on how much you need for your treatment. His word overrides any county limits.

    There WAS a "limit" which the counties could not go below of 6 mature or 12 immature plants and 8 ounces of dried cannabis flowers. Some counties allow larger numbers or a certain square footage. However, this limit was tossed by the Ca Supreme court, so it is very important that your doctor write YOUR AMOUNTS on your rec!

    The big BUT, is that, although there are no real state limits (at the moment) the feds are right there to bust any "overly ambitious" medical growers. But if you are reasonably quiet and stay near the 6 mature plant limit, you aren't worth the hassle for the feds.

    And then there are the local cops/sheriffs. Where I live, we have a sheriff who has stated in the newspapers, that he WILL bust any grow that looks like it could produce more than 8 ounces of cannabis! (I grow these "cute little bonsai" pot plants- they produce about an ounce + each. Just barely enough. :cool: ) In some counties, the local government is a law unto itself! The law may read one way, but the reality is another thing!


    Granny
     
  5. #5 rynlnk, Feb 21, 2009
    I am aware that there are medical marijuana clinics that blatantly sell and advertise their evaluations. I'm just curious about how easy it is to get a recommendation, and facts (articles, quotes, etc) about the risk of these patients getting busted just for growing their own medicine.

    Thanks
     

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