Plant Count In California

[bankcee]

So I'm in LA county, and I know the next guy isn't limiting him self to what the law says. lol 6 plants or whatever. So how can I really up my plant count not exceeding even 60 at most! I'm unsure how people do it. and if I do it what are the potential charges and shit i should be worried about. I do 12 plants which I'm already over californias limit, but I'm not on perpetual yet so down time is killing me and I wanna get on perpetual.

I know, just don't get caught but is it really worth it cause anything can happen? and also is there ways around having a higher plant count?

 

[Bulldog420]

If not mistaken, the next tier of penalties would be 100 plants. So 7-99 don't matter, same penalty.

I say go for it. I had cops inspect my garden after a rip and I was way over the limit. San Mateo County.

 

[mojavegreen]

If you're indoors, run em! Course, you can always decrease plant count by growing bigger plants.

 

[BudBogart]

Remember in California the state provides for six plants but also stipulates that counties can increase but not decrease that limit.
You need to check your county and any city ords. That would effect you.
One big concern I have is having all of my cannabis confiscated for over limits.
I had the sheriff make a special flight to my remote garden and do a low circle in the center of my garden while I sat in my chair watching. June 16th. Pushing limits to say the least. Giving myself every broad interpretation of laws I haven't actually brushed up on.
I really believe Leo in my county are not interested in running an inquisition on citizens growing pot for their own use.
Check your county for its laws. You don't want to get in trouble for having a fence too short, etc. good luck.

 

[Freshone]

You can get extended plant counts but you will have to try and defend it in court if they choose to screw with you.

 

[Seamaiden]

Remember in California the state provides for six plants but also stipulates that counties can increase but not decrease that limit.

That is not true.

You need to check your county and any city ords. That would effect you.

Yep!

So I'm in LA county, and I know the next guy isn't limiting him self to what the law says. lol 6 plants or whatever. So how can I really up my plant count not exceeding even 60 at most! I'm unsure how people do it. and if I do it what are the potential charges and shit i should be worried about. I do 12 plants which I'm already over californias limit, but I'm not on perpetual yet so down time is killing me and I wanna get on perpetual.

I know, just don't get caught but is it really worth it cause anything can happen? and also is there ways around having a higher plant count?

Sea of green/Sinaloa style.

The state itself hasn't set a limit UNLESS you hold the SB420 ID card, in that case you are voluntarily limiting yourself. If you only hold a recommendation, then technically the state has no limit. But your local municipality might, and if you go over what they have deemed appropriate then you will suffer their consequences. If you choose to take this path, my own suggestion is to get a good criminal defense attorney who's familiar with your local judges, etc on retainer. No, I am not joking, I've spent too much time in too many courtrooms to joke about this kind of thing.

 

[BudBogart]

That is not true.

Yep!

Sea of green/Sinaloa style.

The state itself hasn't set a limit UNLESS you hold the SB420 ID card, in that case you are voluntarily limiting yourself. If you only hold a recommendation, then technically the state has no limit. But your local municipality might, and if you go over what they have deemed appropriate then you will suffer their consequences. If you choose to take this path, my own suggestion is to get a good criminal defense attorney who's familiar with your local judges, etc on retainer. No, I am not joking, I've spent too much time in too many courtrooms to joke about this kind of thing.

Thanks for the clarification and advice. I am the last person who should be offering insight into the law and I don't know why I tried, my bad.

 

[Seamaiden]

No worries, it offers an opportunity to clear up misconceptions, and there are *many*, especially right now. It's very difficult to keep on top of everything that's changing.

 

[grayarea]

100plants is still the state made boarder crossing into fucked.

 

[bankcee]

That is not true.

Yep!

Sea of green/Sinaloa style.

The state itself hasn't set a limit UNLESS you hold the SB420 ID card, in that case you are voluntarily limiting yourself. If you only hold a recommendation, then technically the state has no limit. But your local municipality might, and if you go over what they have deemed appropriate then you will suffer their consequences. If you choose to take this path, my own suggestion is to get a good criminal defense attorney who's familiar with your local judges, etc on retainer. No, I am not joking, I've spent too much time in too many courtrooms to joke about this kind of thing.

so where do I look to find any city ords. that might be in affect with my concerns.. would I have to go in and ask the questions cause idk about doing that? lol

 

[Papa]

The state itself hasn't set a limit UNLESS you hold the SB420 ID card, in that case you are voluntarily limiting yourself.

how ya been SM? 'good to read your posts.

once again, i'm having trouble finding the CA law that you refer to that specifically limits one who has a "card" while not others.

this page contains section 11362.5 of the california code that is known as the Compassionate Use Act of 1996.


i can't find anything relating to plant limits here, nor elsewhere. please lead me to the section that i am apparently missing.

 

[bankcee]

how ya been SM? 'good to read your posts.

once again, i'm having trouble finding the CA law that you refer to that specifically limits one who has a "card" while not others.

this page contains section 11362.5 of the california code that is known as the Compassionate Use Act of 1996.


i can't find anything relating to plant limits here, nor elsewhere. please lead me to the section that i am apparently missing.

when you guys says card, you mean the rec paper with doctors signature. because I have that.. so I'm voluntarily limiting myself? lol

 

[Freshone]

You can take your rec to the health Dept and apply for an id card but very few do it.

 

[Seamaiden]

so where do I look to find any city ords. that might be in affect with my concerns.. would I have to go in and ask the questions cause idk about doing that? lol

IF your city/muni has a good website with updated information, that's where I would start. If not, then it's up to you whether or not you want to 'out' yourself and ask. I'm one of those out-with-it kind of people once I hit a certain point, and I hit it a long time ago. Others caution against such actions.

how ya been SM? 'good to read your posts.

once again, i'm having trouble finding the CA law that you refer to that specifically limits one who has a "card" while not others.

this page contains section 11362.5 of the california code that is known as the Compassionate Use Act of 1996.


i can't find anything relating to plant limits here, nor elsewhere. please lead me to the section that i am apparently missing.

IIRC, it wasn't codified, it was that People vs Kelly decision in '08 that led to this current status. Who knows what's going to happen to SB420's provisions once MCRSA is in full swing though.

when you guys says card, you mean the rec paper with doctors signature. because I have that.. so I'm voluntarily limiting myself? lol

No, an actual ID card with photo kinda deal. I only have the recommendation myself, as advised by my attorney, specifically because by getting the card you are voluntarily limiting yourself (again, according to my attorney and my understanding of the People vs Kelley decision).

Let me find that ruling for you gentle men.

This is the most concise piece, otherwise we've gotta dig into the actual court ruling. I did that *years* ago already, would really rather not do down the same path again.

 

[Papa]

here is the People v. Kelly decision:
http://www.courts.ca.gov/opinions/revpub/B195624.PDF

it was this decision that actually struck down the plant limits that had been imposed by the legislature in California.

perhaps you are referring to a local or county ordinance that i haven't heard of.

for norml's discussion, see:
http://www.canorml.org/news/kellyruling.html

 

[Seamaiden]

No, not local or county, state. I'll ask around again, but when I was dug deep into this stuff in '11 that was what I'd learned. That decision struck down the limits imposed by the state, but at some point along the line we ended up with the situation being that *if* one acquires the card, one is then voluntarily limiting oneself to 6 or 12 mature/immature.

Beyond that, since Fresno imposed their full ban on all activities, other counties and cities have followed suit.

 

[Papa]

No, not local or county, state. I'll ask around again, but when I was dug deep into this stuff in '11 that was what I'd learned. That decision struck down the limits imposed by the state, but at some point along the line we ended up with the situation being that *if* one acquires the card, one is then voluntarily limiting oneself to 6 or 12 mature/immature.

Beyond that, since Fresno imposed their full ban on all activities, other counties and cities have followed suit.

SM, i hope you've been well. it's good to see you on the boards.

yeah, we've had this conversation before. you have insisted that a "card" limits plant count. I have read everything relevant (propositions, bills, laws, health & safety codes, regulations, policy letters) and have never found a hint of this in any form.

People v. Kelly was clear . . . in order to impose plant limits on the compassionate care act statewide, it would have to be approved by a statewide vote of the people.

i am one of the few who actually have a "card" provided by the county (as stipulated by the state) . . . and, in case you're wondering, the application has no additional mention or contract that you are agreeing to plant limits.

the benefit of the "card" (in LA county it is issued by the county dept of health under approval of the state) is that if one is transporting poundage to a dispensary and is stopped by leo, the card provides a pass to continue on your way. without a card and with only a "doctor's recommendation" leo will confiscate the pounds and you will have to appear before a judge to have your "doctor's recommendation" authenticated before getting your buds back.

of course, if one is growing for distribution beyond the compassionate care act, other statues would apply . . . but that is not "card" related.

 

[Seamaiden]

Nice to see you as well. I've made a big move recently, back in SoCal now.

I wonder why my attorney has told me exactly the opposite, that if I get the card (this was back in '10 or '11) I am voluntarily limiting myself. I've sent out some messages asking for clarification and/or help locating the language. :)

 

[mojavegreen]

Welcome to the neighborhood @Seamaiden

 

[MendoGiantZ]

Go talk to a well recommended pot lawyer and don't listen to us. :). "No offense to anyone, this issue is such a gray area it's difficult to give advice " But most likely the lawyer will charge you (100% he is going to charge u :). and he will give you two options. Option 1. Do you want to fight tooth and nail to never have anything confiscated and get all of your medication back if you get busted. This option is for large scale production and doesn't sound like you. Option 2. Get some medical paperwork together and do whatever you feel comfortable with in your area that's not blowing it up to big or pissing off your neighbors. I have a feeling if you had some decent paperwork and had 30 plants blooming and a nice veg room with 30 plants ready to replace the finished flowering plants then your not the big grower the cops are looking for and they are totally over busting small grows.