What Is The Proposal For Calif Rec. 6 Plants Household?

[monstacropn]

Does anyone know what their proposal for recreational use in california? I've herd it was 4 plant and 6 plants per property?

 

[Seamaiden]

6 plants per household, indoors cannot be banned but some cities are looking at permitting as another way to get some $$ without having to actually 'allow' recreational cannabis. Here's a handy graphic breakdown that helps us contrast and compare what the current status is vs what AUMA proposes.

 

[Bill22]

Does anyone know what their proposal for recreational use in california? I've herd it was 4 plant and 6 plants per property?

The "safe harbor" is six mature plants or 12 immature plants with MMJ card.

 

[Seamaiden]

That is if you're a card-carrying medical patient, current laws, and it's not guaranteed. Many munis have banned all cultivation altogether, again currently. :)

 

[Bill22]

Many munis have banned all cultivation altogether, again currently. :)

My understanding is that while the state of California did grant municipalities and unincorporated areas ultimate power to ban commercial cannabis activities, e.g. cultivation, dispensaries, manufacturing, etc., they granted all California residents the right to cultivate up to six plants for medicinal purposes, provided one has an MMJ card. For example, in Los Angeles there is a ban on all commercial activity, but it is 100% legal to use the six-plant safe harbor for medicinal purposes. I do not believe that Prop. 64 will change this safe harbor.

(As an aside, I have read that in LA some law enforcement officers do not accept MMJ cards from "script mills," as they call them, but if you have a card from the county health services dept they must accept it.)

 

[Seamaiden]

The state has not granted that, in fact, the MCRSA set of laws allows full bans to continue. Initially the bans were engendered by court decisions, but now it's been codified in our legislature. Having a card does not protect one from these cultivation bans in any event, unless Prop 64 passes, in which case both patient and recreational user will enjoy protections.

Prop 64 grants all residents, not just 'patients', full immunity from complete bans, but limits the plant count on a household basis and does allow outdoor cultivation bans, which is what many of us have right now.

It is true that LEO don't have to accept ID cards. Doesn't matter which entity issued them.

 

[Bill22]

Seamaiden
SB420 instituted the six-plant safe harbor. However, since then, NORML states on its site: "those limits have been thrown out by the CA Supreme Court; the standard is actually what a patient needs (but we recommend staying within those guidelines if possible)." This Court ruling I was unaware of, but it seems to expand the limit to "what may be necessary to treat a patient's condition."

Regarding the difference between County-issued cards and non-County issued ones, LA Weekly says: "If a police officer detains a cardholder for having weed, the cop must, under the law, call the phone number on the Los Angeles County–issued Medical Marijuana Identification card and recite its ID number. If the card is real, the officer must release the cardholder." CA Health & Safety Code 11362.71 (a) corroborates this. According to what I have read, some police officers will not accept non-County issued cards. They must accept the County ones.

Monstacropn
Polls indicate CA voters will approve Prop. 64 on Nov. 8 by about 60% to 40%. According to NORML: it will "allow adults 21 years and older to possess up to one ounce of marijuana and cultivate up to six plants for personal use."

So it looks like in 23 days' time there will exist a six-plant safe harbor.

 

[monstacropn]

Where can I get actual file of laws? Someone was telling me today that you can have 6 flowering and up to 12 in veg. Here's a bud I had to cut because of wind damage from storm---------

 

[Seamaiden]

SB420 instituted the six-plant safe harbor. However, since then, NORML states on its site: "those limits have been thrown out by the CA Supreme Court; the standard is actually what a patient needs (but we recommend staying within those guidelines if possible)." This Court ruling I was unaware of, but it seems to expand the limit to "what may be necessary to treat a patient's condition."

It did, in a manner of speaking, put in place a few measures that were intended to protect patients. In my experience, they didn't offer much protection.

In any event, while the state had nothing codified with regard to plant limits, that all changed this year. Welcome to MCRSA, where you are allowed (IF your locals decide you can, irrespective of patient status) up to 100'sq canopy. Where I moved from, they went with that canopy limit, further limited to two patients per parcel, irrespective of parcel size, AND limited that 100'sq canopy to no more than 12 plants at any time. Whereas the next county over, Calaveras, embraced MCRSA and has at least 1,000 commercial scale cultivators, along with the people cultivating for themselves (also permitted, as in they have to identify themselves and pay a fee in order to legally cultivate for *any* reason in that county). Whereas in Fresno it's all still 100% banned, no personal cultivation, no delivery services, no access whatsoever.

You may want to join some groups to get a better handle on what's happening, because a lot is happening and it's happening fast.

Polls indicate CA voters will approve Prop. 64 on Nov. 8 by about 60% to 40%. According to NORML: it will "allow adults 21 years and older to possess up to one ounce of marijuana and cultivate up to six plants for personal use."

So it looks like in 23 days' time there will exist a six-plant safe harbor.

This is what I'm counting on. However, I'm hearing of local munis putting in place permitting requirements for anyone who wishes to cultivate. The issue will be where they place those permitting laws, who enforces and what the penalties for breaking them will be.

 

[Bill22]

Calaveras, embraced MCRSA and has at least 1,000 commercial scale cultivators,

You may want to join some groups to get a better handle on what's happening, because a lot is happening and it's happening fast.

Int'g that Calaveras has at least 1,000 commercial cultivators when a survey showed only about 500 or so people int'd in applying for a c.c. license in LA (I don't recall if that was city or city/county). When you say "you may want to join some groups," do you have any you can recommend?

 

[Seamaiden]

California City & County Ban Watch on FB, which is where I'm getting most of my information at this point in time. There are a few attorneys in the group, which helps keep things... verifiable? Truthful? Seems to be a better caliber of information.

I recently read an article, can't recall where, that mentioned those numbers (commercial cultivators). L.A. Co would swallow up Calaveras, Amador and El Dorado, easily, just by size. It's kind of a trip that all 58 (? IIRC) counties in the state have five supervisors, including my new county of residence, San Bernardino, aka the geographically largest county in the U.S.

 

[Bill22]

my new county of residence, San Bernardino, aka the geographically largest county in the U.S.

San Berdoo is attractive, imo, b/c it has warehouse space already built.
Thx for the information!

 

[Bill22]

You may want to join some groups to get a better handle on what's happening, because a lot is happening and it's happening fast.

A few weeks ago, I attended a two-day seminar on the cannabis business in San Diego put on by 420College. Best $300 I ever spent. Learned a ton.

 

[Seamaiden]

There are quite a few outfits doing seminars on all sorts of aspects now, it's really kind of mindboggling to see that it's all cannabis-focused. I LOVE IT.

 

[Minitiger]

I don't like the wording of prop 64 at all. What I've gotten from it, more than anything else, is that a larger number of people will be going to jail or otherwise put in "the system" if this prop gets passed, not fewer. Prop 64 sounds great for people who just wanna buy a little weed and smoke a joint, but for those of us who are slightly more invested, aka small-time growers (or shit, man, even large-scale growers), 64 reads like a,"Yeah, you can forget about doing what you've been doing under the current law unless you have a bunch of money to become a heavily taxed and scrutinized grower " proposition.

In other words, it sounds like I'm about to get fucked. How much is it again to grow more than six plants? $7500? Or am I getting that number from my foggy mid-afternoon brain?

@Seamaiden I know we'be discussed this before and I know I said that, ultimately, I'm gonna vote yes on this prop, if for no other reason than CA should've been the first state to totally legalize. But the more I think about it and the more I hear and read and the closer November 8th comes, the more I feel like..... I dunno.... I feel like they're fucking us over again.

I LIKE the way it is now. I realize that people living in counties that're not as, uh, lenient (read: chaotic haha) as Los Angeles county are already having to deal with a bunch of bullshit, but prop 64 sounds like waaaaaaaayyyyyy more bullshit. But that's just me.

I dunno....

 

[Bill22]

I LIKE the way it is now. prop 64 sounds like waaaaaaaayyyyyy more bullshit.

The future involves a bigger grow due to the expected higher taxes that must be overcome, e.g. cultivators @ $9.25/oz. (close to $150 per lb.) and $2.75/oz for leaves. That's just for Cali. Then the city or county tax on top of that, in some cases surprisingly hefty. And fed'l/state income taxes if you go that route.

Now, compared to pre-CAMP Humboldt maybe it's not that great. But everything is different now. 64 is much better than anything in decades.

 

[Minitiger]

The future involves a bigger grow due to the expected higher taxes that must be overcome, e.g. cultivators @ $9.25/oz. (close to $150 per lb.) and $2.75/oz for leaves. That's just for Cali. Then the city or county tax on top of that, in some cases surprisingly hefty. And fed'l/state income taxes if you go that route.

Now, compared to pre-CAMP Humboldt maybe it's not that great. But everything is different now. 64 is much better than anything in decades.

And those taxes are in addition to the $7500 it'll cost yearly just to be a licensed grower, right? That's friggin' ridiculous.

 

[Bill22]

And those taxes are in addition to the $7500 it'll cost yearly just to be a licensed grower, right? That's friggin' ridiculous.

It is steep. But one takes a lemon and makes lemonade.

 

[robomont]

as a texan,thats bullshit you folks have to put up with.
wouldnt it be easier and cheaper to just vote the bums out.

 

[Bill22]

And those taxes are in addition to the $7500 it'll cost yearly just to be a licensed grower, right? That's friggin' ridiculous.

I don't know about the $7500. I do know that the state tax on licensed cultivation will be $9.25/ounce, or about $148/lb. Then there is either the city or county tax. For this, I have seen some up to $25/sq. ft.