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Moving out to Cali this fall, need advice.

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Moving out to Cali this fall, need advice.

xX Kid Twist Xx Aug 7, 2014 51 Replies 7,066 Views
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xX Kid Twist Xx

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#1
just soem quick questions on what the first things i should be doing to get set up as a legal caregiver. i had a doctors recomendation that expired this march, from my last visit. i will be living in the sherman oaks area, wondering if theres any zoning that will stop me from growing? i want to do 2-3 lights 9 plants each with a veg, prepetual style. so 70 plants would be the absoulute most i would ever have at 1 time. any tips or ideas about the do's and donts to stay legit would be appreciated
 
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sanvanalona

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#2
xX Kid Twist Xx said:
just soem quick questions on what the first things i should be doing to get set up as a legal caregiver. i had a doctors recomendation that expired this march, from my last visit. i will be living in the sherman oaks area, wondering if theres any zoning that will stop me from growing? i want to do 2-3 lights 9 plants each with a veg, prepetual style. so 70 plants would be the absoulute most i would ever have at 1 time. any tips or ideas about the do's and donts to stay legit would be appreciated
Click to expand...
Hell yes and welcome to the sunshine state. First and most importantly is to pay your electric bill. I'm not sure on the zoning issues but you can easily obtain a script for 99 plants and in the style you are describing I'm sure it will be fine. Check the county limits and all should be good. Oh yeah if obtain genetics in Cali be careful cause we have some nasty critters messing up crops all over. Hope you enjoy the move and the sun and most importantly enjoy growing some fire chronic.
 
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Seamaiden

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#3
You'd better find out what is going on with regard to medical cannabis in both the county and the city you plan on living in. You may have a recommendation for 99 plants, but that guarantees you nothing legally. So far legally the restrictions are holding up in court. I can't remember what county Sherman Oaks is in, is it Ventura? If it's LA Co, I think you're ok outside of anything the city itself has done. If Ventura, I'm not sure.
 
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SunGrown

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#4
Legal is a hard thing to know here, honestly.

(People vs kelly) The supreme court threw out plant limits, so most folks, esp indoors do not worry about numbers so much.

If inside, just pay your electric bill and you will be fine. That is the biggest thing inside. Do not get a property near a school, church, daycare, etc....

The 99 plant scripts are not legal under California law, but I know guys who get them to sleep better at night.

But I also know of folks busted with 99 scripts and law enforcement loves to use the phrase of "He was growing illegally using prop 215 as a cover"

I suggest get a regular script, meet some nice friends that need meds and get copies of their scripts.

California counties typically recognize the 6 plant "rule" (which is a fallacy anyway) but because of that, if you have say 10 scripts of folks you actually know and LEO could verify if needed, then you can have 60 plants, etc...

but again, unless you are acting stupid, lots of traffic, etc, they should never go to your house if growing inside.

Do not keep scales or turkey bags or money counters or other drugs or guns......etc in the same place as your garden.

I know and agree that none of that should matter, but if you get a compliance check it WILL matter and you likely would be arrested.

I am full of advice so feel free to ask specific questions if you like and I will do my best to not steer you wrong!
 
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auldone

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#5
Best of luck on the move kid
 
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Garden of Dreams

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#6
Kid, Start a non profit, Get a Attorney in the know, I suggest Christopher Glew, Get the 99 10lb rec, i got the Dr, He testifys in Court and is Epic, Then get Cancer patients, In a perfect world you'd have 10 patients all with Cancer or other LIFE threatening illness,
pm me Bro you need anything-
 
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friend

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#7
Welcome to cali bro :)
bless to you for wanting to help out Cali med patient's !
I figure is long as i keep under 99, and stay on the farm
I will be good, wishing you good karma !
 
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markscastle

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#8
Watch your water meter! It`s expensive to get water from municipalities these days and you can get a fine for using to much water anymore! ($1500 per use ) also keep it tight and watch for rippers! Yes even indoors they hit you ! And where you may not be allowed to have guns to protect your self and love ones if you grow, criminals do have them! Have home owners or renters Insurance, Most will cover everything besides the meds themselves, Pipes, lights, jars, trim machines, etc..
 
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fishwhistle

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#9
Welcome to cali kid!
 
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ChalkyWhite

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#10
Welcome
 
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xX Kid Twist Xx

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#11
sanvanalona said:
Hell yes and welcome to the sunshine state. First and most importantly is to pay your electric bill. I'm not sure on the zoning issues but you can easily obtain a script for 99 plants and in the style you are describing I'm sure it will be fine. Check the county limits and all should be good. Oh yeah if obtain genetics in Cali be careful cause we have some nasty critters messing up crops all over. Hope you enjoy the move and the sun and most importantly enjoy growing some fire chronic.
Click to expand...

thanks for this, most of my genetics are my own or from others seed and the cuts i do have are bug free. got to get into a place bartending when i get out there as well.

Seamaiden said:
You'd better find out what is going on with regard to medical cannabis in both the county and the city you plan on living in. You may have a recommendation for 99 plants, but that guarantees you nothing legally. So far legally the restrictions are holding up in court. I can't remember what county Sherman Oaks is in, is it Ventura? If it's LA Co, I think you're ok outside of anything the city itself has done. If Ventura, I'm not sure.
Click to expand...

this was one of my concerns how do i find out the restrictions for sherman oaks?

SunGrown said:
Legal is a hard thing to know here, honestly.

(People vs kelly) The supreme court threw out plant limits, so most folks, esp indoors do not worry about numbers so much.

If inside, just pay your electric bill and you will be fine. That is the biggest thing inside. Do not get a property near a school, church, daycare, etc....

The 99 plant scripts are not legal under California law, but I know guys who get them to sleep better at night.

But I also know of folks busted with 99 scripts and law enforcement loves to use the phrase of "He was growing illegally using prop 215 as a cover"

I suggest get a regular script, meet some nice friends that need meds and get copies of their scripts.

California counties typically recognize the 6 plant "rule" (which is a fallacy anyway) but because of that, if you have say 10 scripts of folks you actually know and LEO could verify if needed, then you can have 60 plants, etc...

but again, unless you are acting stupid, lots of traffic, etc, they should never go to your house if growing inside.

Do not keep scales or turkey bags or money counters or other drugs or guns......etc in the same place as your garden.

I know and agree that none of that should matter, but if you get a compliance check it WILL matter and you likely would be arrested.

I am full of advice so feel free to ask specific questions if you like and I will do my best to not steer you wrong!
Click to expand...

i dont do any drugs and i dont plan on having more then 27 plants blooming at any time and can hit 5-6 lbs with that if i include the popcorn nugs. i dont not have traffic at my home unless its a good friend or an ocasional girl.

i do have a felony or 2 on my record, but have not been in trouble in over 14 years will this affect me? also do you know the zoning in sherman oaks?

auldone said:
Best of luck on the move kid
Click to expand...
thx man i appreciate it

Garden of Dreams said:
Kid, Start a non profit, Get a Attorney in the know, I suggest Christopher Glew, Get the 99 10lb rec, i got the Dr, He testifys in Court and is Epic, Then get Cancer patients, In a perfect world you'd have 10 patients all with Cancer or other LIFE threatening illness,
pm me Bro you need anything-
Click to expand...

thx alot bro, when i get out there i'd love to pick your brain about a few things. im gonna be leasing the house so i will be using tents to not damage anything. but will be selling my house here and buying one there and would love to have you build my room.

friend said:
Welcome to cali bro :)
bless to you for wanting to help out Cali med patient's !
I figure is long as i keep under 99, and stay on the farm
I will be good, wishing you good karma !
Click to expand...
thx man you as well

markscastle said:
Watch your water meter! It`s expensive to get water from municipalities these days and you can get a fine for using to much water anymore! ($1500 per use ) also keep it tight and watch for rippers! Yes even indoors they hit you ! And where you may not be allowed to have guns to protect your self and love ones if you grow, criminals do have them! Have home owners or renters Insurance, Most will cover everything besides the meds themselves, Pipes, lights, jars, trim machines, etc..
Click to expand...
i will get the renters insurance thx alot for the tip

fishwhistle said:
Welcome to cali kid!
Click to expand...
thank you
ChalkyWhite said:
Welcome
Click to expand...
thx man
 
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SunGrown

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#12
http://www.canorml.org/medical-marijuana/local-growing-limits-in-california

I have a felony as well, in Cali you do not need a state card, you do not need to register with the state either. It is simply between you and your doctor
 
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Stoke

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#13
How do you get around the part of SB 420 that says you can only have 8 oz of dried marijuana at a time or you risk arrest? Is your only option to classify yourself as a caregiver and get copies of their scripts so you can have more?

I'm in Orange County, and the sheriff department mentions the 8 oz thing, but then they also mention:

""If a qualified patient or primary caregiver possess a doctor's recommendation that the above quantity does not meet the qualified patient's needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs."

So does that basically mean you just need to prove that you need whatever amount you have in your house?
 
Last edited: Aug 8, 2014
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markscastle

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#14
I know someone who got busted with guns , they had the guns(AK-47`s) removed and did little time in jail. First offence for growing, no med recommendation until time of court. They had to pay fines of$ 10,000. and got two years suspended, probation with an ankle bracelet. Can`t be anywhere marijuana is grown, like the back yard area of a house, grow room , etc. They will get the guns back at the end of the two year probation. Had an other $30,000 in attorney fees. Because of the DR. recommendation they had 150 units returned to them despite not being allowed to grow under the terms of probation. Laws here are very confusing. You are not allowed to have a gun(yours or someone who has a legally owned gun) within 100 foot of a grow. Except in the home if no marijuana or processing is involved in that home. So it looks like guns kept legally in the home are allowed, but not outside or within 100 foot of a grow or in a home that has an inside grow. Not sure about a home that has an unattached building that has an indoor grow. Like I said the laws are confusing here. I should spend some time doing some legal research in the law library of the county court house. It`s open to the public. There are also some legal libraries at the local colleges that offer law enforcement or legal degree courses that are open to the public.
 
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markscastle

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#15
Stoke said:
How do you get around the part of SB 420 that says you can only have 8 oz of dried marijuana at a time or you risk arrest? Is your only option to classify yourself as a caregiver and get copies of their scripts so you can have more?
Click to expand...
Most of SB 420 was strut down in the People of California vs. Kelly,(215 did not consider plant counts) the laws used was contrary to the law voted on by the People. The ruling of California State Supreme Court ;`The vote of the people can't be amended or abated by the legislature and holds more force than that of script law`. This throws out plant counts. County and city governments can restrict growing through land use laws but they can only enforce infractions with fines. You need to know the local county or city code(s) involving plant counts or conditions required as they very widely.
 
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markscastle

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#16
I`m also unsure how having an armed licensed security guard is legal in a dispensary but it appears to be unchallenged where owners have been arrested for having guns themselves.
 
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Stoke

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#17
markscastle said:
Most of SB 420 was strut down in the People of California vs. Kelly,(215 did not consider plant counts) the laws used was contrary to the law voted on by the People. The ruling of California State Supreme Court ;`The vote of the people can't be amended or abated by the legislature and holds more force than that of script law`. This throws out plant counts. County and city governments can restrict growing through land use laws but they can only enforce infractions with fines. You need to know the local county or city code(s) involving plant counts or conditions required as they very widely.
Click to expand...

I went on NORML's site, and they don't mention any codes for my county. My city also doesn't have any. NORML says that cities who don't have their own guidelines follow the the SB 420 guidelines, but that seems to be up in the air due to the Supreme Court case you mentioned.

The only thing I found with my county is the edit I made to my post with the sheriff department guidelines. They follow SB 420 unless you can somehow prove you need more than 8 oz.

So I guess in court you might be covered for more plant numbers/dried marijuana, but my county sheriff would probably arrest you for having more unless you could prove you needed more, or if you were a caregiver (they might arrest you anyway and have you prove that to a judge).
 
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markscastle

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#18
Butte County has done just that! They lost in court three times and were ordered to return or pay for the medication. They also lost in civil court to the tune of some multiple millions in the same three cases. All the counties know this. They have not changed there web pages but you can bet they have changed their tunes when it comes to legal actions. Plant counts are only enforceable in land use codes in Cali and those cases it involves infractions enforceable only by fines and possibly cost to eradicate plants in violation of the codes. It remains totally against Federal law but is not enforced for small grows or medical grows with recommendations that fall within the state law for the most part. Sales are against the law but compensation for costs ( including fair labor) are allowed. This is a grey area in the law and may sometimes be challenged and some times not. Compensation or donations must be made between Dr. recommended parties.
 
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Stoke

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#19
So what if you had like 4 pounds of marijuana, but no evidence of sales (no receipts, no huge amount of money by your grow, and no scales)? The police might arrest you, but the county DA wouldn't take the case to court (as long as said county/city didn't have their own guidelines)? Or if they did, they would lose because nowhere in prop 215 does it mention marijuana limits?
 
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markscastle

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#20
That`s about right. Scales are a possible key to evidence but are not against the law in themselves. Without evidence of sales this case would not go to court. May have an investigation but it would never go anywhere. Nether would 100 pounds. With evidence of sales the case of donations vs. sales could be brought up. The key would be is the computation more than the cost including normal wages for labor by the grower or is their a large profit being made. Some petty cash would be expectable for on going expenses. Excess funds could also be earmarked for development, advertisement expenses and cost of breakdowns and insurance. The idea is stay within what a reasonable person would believe. Wages should reflect no more than the upper amounts the grower has earned at jobs in the past. You can`t claim wage expenses that are excessive or unreasonable.
 
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