Moving to Cali right across AZ boarder, what is the law?

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azmmjadvocates

azmmjadvocates

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Here's the deal, I may be moving soon across the boarder into cali If we cant convince the disp. here to close up shop every now and then so we can bust the 25 mile rule and claim the disp is not operational.. So I figure re-locate to Cali and just visit fam and friends in AZ,, my card would be recognized and I'm hoping Cali law is pretty much set in stone for a patient grower.. But not sure??

I hear different counties in California have different laws? My concern is that being close to the Az boarder (blyth area) politics may play a role, I don't want any hassle and am a law abiding citizen.. My understanding is that I could possess 12 plants? Does that apply to the whole state? I don't find much by county on any searches regarding differing law. If I have a couple roommates with Cards is that a problem?

Any help is greatly appreciated
 
markscastle

markscastle

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California law doesn`t have limits. It becomes Federal at 99 plants. However land use laws and city limits do apply. They differ so contact your local Government for those limits . None of the local plant limits have any jail time but you could get a fine and have to pay back costs of taking out the extra plants. A few places have no growing allowed. Again call and find out first hand.
 
azmmjadvocates

azmmjadvocates

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Thanks, yeah I def know not to go over 99 Im just needing enough for my own use.. So I went to the Dept of Health and from what I gather SB 420 applys to all counties as a minimum base of 1 mother 12 immature plants and 6 mature plants.. Each county can increase from that up to the 99 plants.. So I see Blyth is in Riverside county so I just need to find the patient plant limit there if that county allows more that Sb 420 base?.. I think lol..
 
Seamaiden

Seamaiden

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Here's the deal, I may be moving soon across the boarder into cali If we cant convince the disp. here to close up shop every now and then so we can bust the 25 mile rule and claim the disp is not operational.. So I figure re-locate to Cali and just visit fam and friends in AZ,, my card would be recognized and I'm hoping Cali law is pretty much set in stone for a patient grower.. But not sure??

I hear different counties in California have different laws? My concern is that being close to the Az boarder (blyth area) politics may play a role, I don't want any hassle and am a law abiding citizen.. My understanding is that I could possess 12 plants? Does that apply to the whole state? I don't find much by county on any searches regarding differing law. If I have a couple roommates with Cards is that a problem?

Any help is greatly appreciated
Yes, different counties have differing laws. For example, in my county of Amador, you can have only 12 plants outside at any time of the year, regardless of age, sexual maturity or stage of development. You are only allowed to have TWO patients per parcel, which means a total of 24 plants, outside. There are also viewshed issues that were incorporated into the ordinance, which my county decided to set in as a zoning ordinance. My county does not regulate indoor cultivation at all, and they do that specifically because they feel that PG&E will reduce the number of large grows by being cost prohibitive.

Other cities and counties have banned outdoor cultivation altogether. Rancho Cordova taxes you based on the square footage of indoor cultivation space. Nevada Co. has created an ordinance that is complaint-driven and allows deputies to arrest you, as opposed to keeping it to just a zoning (land use) ordinance as my county has, which means it falls under the purview of the building department (no arrest powers, but they did send out cease & desist letters to growers they knew would be in violation of the viewshed sections).

So, Mr. Castle is correct in that the STATE has no limits placed on what a patient needs. However, local munis have placed limits, and they're holding up in court, so you really need to be cognizant of what the county you plan to reside in is doing. Also, only get a recommendation, don't get the ID card. Nothing in the law compels you to identify yourself to the county or anyone else, and I know factually it does NOT protect you from arrest. It only gives you a defense in the case of arrest, and the recommendation is plenty good enough for that, so save your money.
 
Seamaiden

Seamaiden

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I think he's talking about AZ's 25mi dispensary vs cultivation rule. If you're 25mi or less from a dispensary, you cannot cultivate your own.

EDITED. Thanks for the correction, sky high.
 
sky high

sky high

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It's the other way around, sea..... if there's a dispensary within 25 miles you CANNOT legally grow your own.

Hard to believe this hasn't been challenged in court yet.
 
Seamaiden

Seamaiden

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Yeah! Jesus, whoops. I guess I shouldn't play with kittens and try to post at the same time. <facepalm>
 
markscastle

markscastle

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What if you are under 25 miles from a dispensary, but it is in California and your in AZ? Also what if you are within 25 miles of a dispensary as the crow flies but by road it`s 28 miles? And what about a mobile dispensary? or a mobile grow in an RV ?
 
Seamaiden

Seamaiden

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The last question you pose is something I've wondered. Are they simply drawing a radius, irrespective of access, or are they actually using the distance traveled?
 
sky high

sky high

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The states are separate in their laws....so my guess is that a dispensary in Cali...even 100 ft away across the border would make no difference regarding the 25 mile rule >in Arizona<. Pretty sure AZ is only tracking/drawing a radius around AZ shops...but hey...stranger things have happened....
 
azmmjadvocates

azmmjadvocates

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Thank you all so much for your input, sea maiden that's some really good info for sure, I figured with it being Cali that everything would be standard across the board and is telling of the way things will eventually play out here in AZ..

I'm looking at having to move in couple months and since i was one of the first to get my card am one of the first to loose cultivation rights.. I'm sure it will be litigated but im not the guy wanting to do it.. Basically all it should take is the disp. to voluntarily shut their doors for a week or so every so often for us to re-certify at that time and we could then legally claim we do not have a constant access to our meds from our disp as it is unoperational at the time of application.. The law is within 25 miles "as the crow flies" . virtually everywhere except the reservations are covered now, meds suck, high priced ect.. I can do nothing for my patients I helped before, caregivers will be done as well as soon as their patients have to re certify.. There is a group culling patients off the Rez, but those using those services or getting patients off the Rez are going to be in for a bad fall, I've warned them.. I came across the Federal Memo's that were sent to the Reservations regarding "non Natives" trafficking MMJ into Indian country and that the cards are worthless because all Reservations BIA are under Federal law.

All a tribal member has to do is complain and someone is doing "serious time" Not me.

Sky High is correct, however the law states I can't have two cards as many here do,, Az cards are not recognized in Cali,, Cali cards are in AZ.. So I figure if i'm only 2 hours away from family and friends I might as well become a California citizen.. The law is settled now that I could bring meds across from Cali to AZ so long as it is less than the 2 1/2 oz allowed under AZ law and I'm legitimately a Cali citizen. It's now settled law that the Police cannot confiscate it as well.

I'm about just over 2 hrs from the cali boarder so figured perhaps I'd just save myself some hassle down the road should things not progress here in AZ.


Sea Maiden raised a couple points of law in my mind about not getting the card only the recommendation, that is ok in Cali but when I travel to AZ and need to bring my meds AZ will have issues I think, but that is worth checking.. The other issue that rang a bell is AZ usually follows suit behind cali,, case in point the entry of a cali card holder through yuma who had her meds confiscated, charges droped, she goes to court suing for meds,, upheld.. That same scenerio played out in Cali of which i'm sure all of you are aware..

Now here is what just rang a bell of what sea maiden stated about not getting the card and saving some money.. I wrote some time ago in the AZ section about the qualified defense prevision in AZ's prop 203 that dissipated in the legislature.. That basically states that if I have a doctors recommendation that I can cultivate or have any amount in my possession and make that defense in court and charges cannot be levied.

So my belief is that even if they removed it from the legislature, voters approved that provision, I believe they removed it because they know it is the out to the 25 mile rule.. But I don't want to be the guy to test that theory out so I will just let everyone know.. Patients also have to keep in mind, if they give away one joint under that provision it's bust because that defense is only for your own needs not anyone elses, the law is only growing as much as you need for a continuous supply of your meds, if you gave any away they would counter that you grew more than your personal needs. This provision I speak of is not to be confused with the rest of prop 203.. If I were cultivating now, not saying I am, but if I were I would fall under that law as would not give any meds away without cultivation rights on my card..
 
azmmjadvocates

azmmjadvocates

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PM cort and i bet he can help you!

Thanks, will do, I'll be in Riverside Co. for sure and outside of any city limits to be safe. Since I can't find so much as an MMJ patient CL add in Blyth I'd have to assume they are not to MMJ friendly there, just as well be in a ranch house anyway.
 
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