Should I bother getting State ID/MM card?

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Sticky016

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I am currently living in Indiana where I go to university. I am from Minnesota, so that is where I am registered for everything. I have no ID/registration for Indiana at the moment as it is my first semester here.

Here is the situation, over my 6 week winter break I will be staying in Cali. I have family living there. Also, this summer, I am transferring to a school out there. In the long run I will try to get one, but should I try over the 6 week break? Also, do you think it would be smart to do anyway (to get a Cali State ID earlier to help the process of establishing residency?) Gotta get that in-state tuition down the road :)

So should I give it a shot over winter break? What do to have? Basically I go to the DMV, use family's address. Get ID sent to it. Get a temp ID in the mean time and take it to the doc along with my medical history of migraine headaches? Thanks for the help in advance!
 
fractal

fractal

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If you're moving anyways then yes why not get the ball rolling on your residency? You don't want to get caught with herb in california without a med card. Cops will stick it to you for being a dumbass and only idiots get busted for posession in cali when a med card is $40. Hell even in Eureka I got ticketed for a 1/4 oz, for not having my paperwork with me and had to go to court to show the judge I had it. When everyone has their med card the cops don't suffer fools lightly and will still mess with you for having a little herb.
 
mastacheeser

mastacheeser

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The doc will just want something that shows residency. Gas bill, state id, and temp id will all work. Some collectives will require state id before they let you in though.
The first time i got my doctors rec i brought a bunch of paper work and they acted wierd and asked a bunch of stupid questions. Later i learned everybody just goes in and says "oww my back hurts". Did that the second time and no sketchy looks or stupid questions
 
fractal

fractal

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Will the recommendation mills write you a script if you bring in narcotic prescription bottles showing you have been prescribed painkillers for the last year ?Obviously if someone has been on painkillers for an extended period they have a chronic condition that would qualify for medical cannabis. Sometimes if you ask your doctor's office for your records they get suspicious because if you are transferring to another doctor or a specialist they usually just fax records or email them.
 
urbanfog

urbanfog

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I have always only need to take my pill bottles and my verbal history, never had an issue in the last 3 years
 
Cort

Cort

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Last place didnt even take my blood pressure. Had new script filled out before I finished the patient history form. They didnt look at me funny, but I looked at them.
 
fractal

fractal

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It is strange I've encountered that too, if you are a legit pain patient or something and not just average joe off the street complaining about hangnails or another common complaint they do a double take. I told the clinic one time I wanted the script to help me avoid taking opiates, before I had a script for them. . . Just had surgery where they dosed me good with fentanyl and dilaudid 3 months after I had managed to kick my oxy habit, I was really trying to not get back on opiates. And the dude was like "I don't know if I want to write you this cannabis script you have addiction issues" LOL. Sure man, do that I will just go down the street and get one there, dumbass. If I had just said nothing I would have sailed through with no bullshit, so much for honesty right.
 
Meowzor

Meowzor

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Get your card ... It is worth it's weight in gold, no joke man !
I told my doctor I have anxiety so I smoke, then when i smoke I get paranoid of the police. So the doctor said no more being scared and gave me the card. He was a 90 year old Jewish man with a lil hat XD ..
By all means this medication helps my life for the better.
Don't drink!
 
incognito

incognito

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Under Prop215/SB420, no provisions create or support any card/id as proof of being a recommendation(prescription) holder. Police DO NOT have to accept any third-party id card as proof, although departments may choose to do so. It is relative to the county in which you will be residing. Call your Sheriff's Department(no really call) and they will inform you on the counties enforcement policies. Remember, the state law grants 12 veg and 6 bloom for a total of 18 per recommendation holder. Counties have the right to increase the number of plants allowed. No county has the right to refuse the 12/6 law for personal cultivation. Where I reside, 18 plants total with no veg/bloom restrictions. No third party(not issued by the state) cards/id are accepted. Every verification is a call to the prescribing Doctor's office. This county verifies the legal authority of your Doctor, your current status as their patient and your expiration date. Recommendation holders have been found guilty when their Doctor was not legit. As of 2007, a Doctor must be authorized, or in the process thereof, by the California State Medical Board to be eligible to recommend cannabis treatment.
Since your moving this way, here is something else to be aware of. Prop215/SB420 DOES NOT give law enforcement "Probable Cause" to search. If they ever come to your door and ask to enter, tell them NO politely. If they ask "Why?", then ask them right back "Why do you want to know?". If they push you, ask them to leave politely and gently close your door. Never give permission to search your car either. Listen, if they had the right to come in, your door would already have been busted-in. Don't give them that right. Just give the officer your drivers license or STATE(meaning DMV) issued id card along with your original doctors recommendation. I have been investigated four times. What that means is calls to local law enforcement prompted a home visit. The same thing every time. I hand them my drivers license and recommendation. The officer walks out to the car. Spends up to 10 or 15 minutes waiting on the phone for your Doctor. Once verified, the officer returns to the door, hands my drivers license and paperwork back and leaves. None tried any bullshit, but you must be prepared to exercise your rights.
I would wait to move here prior to obtaining a legal recommendation. Your Doctor is LEGALLY REQUIRED to follow up with you at 6 months and 1 year on your first year. After that first year, the Doctor can write your recommendation for a full year. Just cover your tail and make sure you go to a qualified Doctor. Don't leave any loopholes for law enforcement. They will try to bust you one way or another.
Happy Smoking
 
Papa

Papa

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Remember, the state law grants 12 veg and 6 bloom for a total of 18 per recommendation holder. Counties have the right to increase the number of plants allowed. No county has the right to refuse the 12/6 law for personal cultivation. Where I reside, 18 plants total with no veg/bloom restrictions. No third party(not issued by the state) cards/id are accepted. . . . .
Your Doctor is LEGALLY REQUIRED to follow up with you at 6 months and 1 year on your first year. After that first year, the Doctor can write your recommendation for a full year. Just cover your tail and make sure you go to a qualified Doctor. . . . .
Happy Smoking


incognito, there are no established "plant limits" in CA state law. SB420 had a section in it establishing limits . . . and that portion of SB420 was struck down by people v. kelly.

here is a link to state laws regarding medical marijuana:
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=1498735859+0+0+0&WAISaction=retrieve

[i've had trouble with this link ^^, if you do, try: http://www.leginfo.ca.gov/
and search for "SECTION 11362.7-11362.83"
]

the people v. kelly opinion is here:
http://medicalmarijuana.procon.org/sourcefiles/PeoplevKelly_S164830.pdf

here is a link to the attorney general's (CA) guidelines regarding medical marijuana:
http://ag.ca.gov/cms_attachments/press/pdfs/n1601_medicalmarijuanaguidelines.pdf
note that these guidelines were issued before the people v. kelly opinion was handed down.

within california, there are also local ordinances and codes that address limits having to do with cultivation.

i have not seen any mention in a state law regarding "Your Doctor is LEGALLY REQUIRED to follow up with you at 6 months and 1 year on your first year. After that first year, the Doctor can write your recommendation for a full year." i have seen a script mill sell recommendations for various time "limits" . . . . . "3 months, 6 months, and 1 year". . . . . with increasing fee amounts. but this is merely a way for that business to get more $$ outta you. other doctors that i have visited only do the standard 1 year recommendation.

regarding the state card, section 11362.745 of the Health and Safety code stipulates "An identification card shall be valid for a period of one year."


now, all that said, although there is not a state law that they can charge you with if you are over aspecific plant count, they can still drag you into court and charge you with cultivation or possession and you will have to substantiate that what you have is consistent with your medical needs. the burden will be upon you.

many of us keep our plant numbers very low, even within the limits that SB420 prescribed, so that if we are ever forced to substantiate our numbers in court it will be an easy and inexpensive exercise. the alternative is a nightmare.


Papa
 
incognito

incognito

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Thank you Papa for correcting my erroneous legal facts. I should carefully read and follow each law so I fully understand what I am proclaiming. If someone else is like me and didn't read the laws thoroughly, you have to rely on someone else info. My legal facts may be wrong, but not my experience. I have handed my recommendation and drivers license to the law four times in a three year period, including getting a speeding ticket by a California State Trooper while having a plant seat-belted in the back. I was informed at my front door that they were investigating several calls complaining about the smell of Marijuana. They said they could smell it, and they want to see my Doctor's recommendation promptly. I don't know what they would say if they didn't smell it. At times, you would be knocked over from the smell emanating from my front door. (Even with super charcoal filtration, the smell overwhelms everything towards the end of bloom). If you didn't provide a recommendation when asked for it, I guess they come in. The police did not act like the assholes I've heard so much about. I have not experienced any nightmares. I admit that I was nervous as hell during every encounter, but my doctors recommendation has yet to fail me. Coincidentally, I haven't been visited since my neighbour’s house was forclosed. Maybe the neighbours got what they deserved for spending all of their time on the phone with the police department complaining about the smell instead of finding a job to pay their mortgage. Karma sucks! Again, call your Sheriffs Department and ask them directly what you have to do to prevent legal troubles. My county has an 18 plant limit. The deputy sheriff I consulted, I've known since highschool. He said something to the effect: "We(Sheriff's Department) are not an expert on the lifecycle of the cannabis plant, but we can count." The county in which I live does not recognize any medical cannabis cards, only a written statement signed by your Doctor including his and your information. A police officer can enter your premises if illegal activities are observed. Having a doctor's recommendation does not constitute illegal activity. Nor does the smell of cannabis, but it is probable cause. That requires a doctors recommendation.
I completely agree with you Papa for the most part. I personally don't think you have to worry about a nightmare if you keep minimal numbers. We must be aware, the authorities can get you if they want to, one way or another, even with a valid doctors recommendation. We just have to accept this fact. I just don't believe that I am going to have to justify less than 18 plants in the county I reside if I were to find myself in hot water.
Again, I did not read any laws outlining what requirements a Doctor must follow to recommend cannabis. I started seeing my doctor on December 2, 1996. I remember so well because this Man was able to identify a serious condition that may have gone undiagnosed for years. I believe that he significantly lengthened my life. I respect him. I listen to him. On September 24, 2004, after insisting for over a year, my "long-term" doctor finally agreed and recommended that I use cannabis. He told me that he was legally required to monitor my medical status. He could give me only a six month recommendation initially, then a year after that. He has written it for a year since. My medical status keeps me in his office regularly. He did not have to bring me in to charge me for another visit. I am going to stand by what my Doctor told me. Again, just ensure your Doc is legit and follow his recommendations. I find it insane that a person would go to a "script mill" Doctor for such an important document. If you are seeing some random doctor, or doctors, for your cannabis recommendation, then maybe you really don't need it in the first place. Some random Doctor just doesn't sound legitimate.
I will definitely have my facts straight before I post in the future Papa. I ASSUME'd that I knew more than I did.
 
Papa

Papa

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I will definitely have my facts straight before I post in the future Papa. I ASSUME'd that I knew more than I did.

no prob bro, it's not all that easy to understand . . . . especially with all the misinformation out there . . . . some of it coming from people who we want to trust, like doctors and attorneys etc.

The county in which I live does not recognize any medical cannabis cards, only a written statement signed by your Doctor including his and your information.

and this is a perfect example of how it is difficult to understand all the ins and outs of this . . . . the "card".

there are a number of outfits that review and confirm your "doctor's recommendation" and sell you a "medical marijuana card." Many dispensaries will accept these cards. typically, law enforcement will not.

however, SB420 established an "identification card" the section reads in part, ""Identification card" means a document issued by the State Department of Health Services that document identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any. . . . "

these cards are administered by the County Health Departments. In Los Angeles, the fee is (or was) $150.

here's the difference between the Department of Health Services card and all the other "cards" out there . . . .

Section 11362.78. A state or local law enforcement agency or officer shall not refuse to accept an identification card issued by the department unless the state or local law enforcement agency or officer has reasonable cause to believe that the information contained in the card is false or fraudulent, or the card is being used fraudulently.

so, the long and short of it is . . . . the state issued (through the county) card is the best way to protect yourself.

unfortunately, many folks aren't aware of this "official" card . . . and think that the one they got off the interweb is that one. i can't tell you how many times i've whipped out my card at a dispensary and been told, "Wow! I've never seen one of these!"

if you whip out one of these when the cop next knocks on your door, they won't even bother going back to their car and checking with the doc . . . they're required by state law to except it.
and if you're delivering some poundage to your collective and get pulled over . . . you would be extremely lucky to not be taken back to the station, or before a judge, if all you have is a doctor's recommendation with you. on the other hand, if you have the state "identification card," the law says you should be sent on your way.
 
incognito

incognito

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I see your point about the state card. It is a very attractive selling point that a state issued card would be universally accepted on the spot. A true "get out of jail free" card. I did know that the Health Dept here in my county issued cards. However, I was advised not to put my information on any state rosters unless required by law. That card is not required. It may have benefits, but it surely has some serious drawbacks. California has suspended drivers licenses because of such government held data being seized by the DA's office. History could repeat itself. You never know who will be be voted in next :( I get in the slow lane behind a truck. Of course, some drunk driver could run into me. I feel you Papa. Why can't they leave us alone!
 
incognito

incognito

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Papa, I think I know why you are a Moderator. I like the way you have your facts together. Nothing gets your point across better than proof. You sure have me rethinking the entire situation, but I probably wont change anything. Your writing is non-offensive. Thank you. I try not to polarize a conversation, but generally fail. Maybe things can get confusing when one justifies away great risk for something that we know to be beneficial. I wonder if Sticky016 understands what he is bringing upon himself by moving to Cali for this. Sticky016, there may be a better state. Washington, Oregon, or Colorado maybe? Just food for thought if options other than family are available to you. Good luck.
 
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