MartinezTree
Active Member
Dude this happen in Northern California...wow, they were way out of line, find yourself a good lawyer who deals with this kind of stuff, start researching, i hope you got there names, and so on...good luck man
I was raided by the local police!
- Thread starter robertav3
- Start date
xxnerdzillaxx
Member
Get a hightimes magazine they have a lawyer directory! Dude Eff those cops up set the precedent! Good luck man
robertav3
Well-Known Member
I said three because I included myself as part of the party since the garden was at my house, BUT one of the recommendations were up to 30 plant and the other is 6-12. So yeah i guess your right, I'll make sure not to mix my words up when it comes down to it...Anyways if the cops would have let me call the patients to let them know that their plants were going to be ripped out then all of the details couldv'e been explained. They took the plants and chopped some up and then they left. no arrest and no charges. Oh my plants were all mature at the recommendation of the doc.
greenearth5
Well-Known Member
katwoman2012
Well-Known Member
Let me get this straight. You are growing 30 plants in your backyard with no prescription for yourself? You must be associated with a co-op (real one, not one you made up with prescriptions and friends) or be a patient yourself. The limit in Shasta County is 6 mature OR 12 immature per patient along with up to 1/2 pound processed. That's it for that county. No prescription can determine a limit only a recommendation for dosage. County law applies overall. So as I see it you are already 18 plants over for two patients limits unless they didn't flower yet and in that case, still 6 over. With no prescription ... hmmm. I'd say get your ass to a doctor, get a script, clean out every pipe and ashtray until you get one, get a defense attorney for when the Redding jail can book you (which will be when hell freezes over) and be damn grateful. The reason they say you have to live or care for them is because YOU don't have a script to do that. If they lived with you, you'd be covered.
I'm really sorry this happened to you. It happened to me in the 70's ~ took the baby plants and came back two months later with a warrant for a felony (dismissed to diversion). Really though, if you think about it ... every person in this state could grow for people they know with scripts if what you were doing was legal. Sorry it ain't and not sure ASA will consider something like this. Clean it up around there before they come back.
I'm really sorry this happened to you. It happened to me in the 70's ~ took the baby plants and came back two months later with a warrant for a felony (dismissed to diversion). Really though, if you think about it ... every person in this state could grow for people they know with scripts if what you were doing was legal. Sorry it ain't and not sure ASA will consider something like this. Clean it up around there before they come back.
robertav3
Well-Known Member
Dude I have talke to asa about it and they told me that they were in the wrong and that i have a civil lawsuit in my hands because of this. Doctors can exceed the 420 limit if the patient needs it, which in this case they do. Talk to your doctor and they'll tell you they can write whatever they want on a recommendation doesn't matter what county if that was the case I probably wouldv'e been arrest or sited. Get informed buddy. As for the "co-op" we have a signed collective agreement, which you can get off of ASA website and if you read it it's pretty self explanatory when it comes t forming a collective cultivation.
The first thing you need to do is write down everything that was said, where it was said, who said it and how it was said. It must be extremely detailed.
There is a huge difference between being a "primary caregiver" and the "operator / owner" of a collective who grows on behalf of "qualified patients." I like how those cops took rules from one side of the coin and used them to enforce(?) the other side.
You should know these differences like the back of your hand. This is why it's so important for you to write down everything that was said ASAP while it's still fresh in your mind.
Primary Caregiver: A primary caregiver is a person who is designated by a
qualified patient and “has consistently assumed responsibility for the housing, health, or
safety” of the patient. (§ 11362.5(e).) California courts have emphasized the consistency
element of the patient-caregiver relationship. Although a “primary caregiver who
consistently grows and supplies . . . medicinal marijuana for a section 11362.5 patient is
serving a health need of the patient,” someone who merely maintains a source of
marijuana does not automatically become the party “who has consistently assumed
responsibility for the housing, health, or safety” of that purchaser. (People ex rel. Lungren
v. Peron (1997) 59 Cal.App.4th 1383, 1390, 1400.) A person may serve as primary
caregiver to “more than one” patient, provided that the patients and caregiver all reside in
the same city or county. (§ 11362.7(d)(2).) Primary caregivers also may receive certain
compensation for their services. (§ 11362.765(c) [“A primary caregiver who receives
compensation for actual expenses, including reasonable compensation incurred for
services provided . . . to enable [a patient] to use marijuana under this article, or for
payment for out-of-pocket expenses incurred in providing those services, or both, . . . shall
not, on the sole basis of that fact, be subject to prosecution” for possessing or transporting
marijuana].)
Qualified Patient: A qualified patient is a person whose physician has
recommended the use of marijuana to treat a serious illness, including cancer, anorexia,
AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which
marijuana provides relief. (§ 11362.5(b)(1)(A).)
Possession Guidelines:
a) MMP:2 Qualified patients and primary caregivers who possess a state issued
identification card may possess 8 oz. of dried marijuana, and may
maintain no more than 6 mature or 12 immature plants per qualified patient.
(§ 11362.77(a).) But, if “a qualified patient or primary caregiver has a
doctor’s recommendation that this quantity does not meet the qualified
patient’s medical needs, the qualified patient or primary caregiver may
possess an amount of marijuana consistent with the patient’s needs.”
(§ 11362.77(b).) Only the dried mature processed flowers or buds of the
female cannabis plant should be considered when determining allowable
quantities of medical marijuana for purposes of the MMP. (§ 11362.77(d).)
Possession and Cultivation Guidelines: If a person is acting as primary
caregiver to more than one patient under section 11362.7(d)(2), he or she may
aggregate the possession and cultivation limits for each patient. For example,
applying the MMP’s basic possession guidelines, if a caregiver is responsible for
three patients, he or she may possess up to 24 oz. of marijuana (8 oz. per patient)
and may grow 18 mature or 36 immature plants. Similarly, collectives and
cooperatives may cultivate and transport marijuana in aggregate amounts tied to its
membership numbers. Any patient or primary caregiver exceeding individual
possession guidelines should have supporting records readily available when:
a) Operating a location for cultivation;
b) Transporting the group’s medical marijuana; and
c) Operating a location for distribution to members of the collective or
cooperative.
Step One: Memorize this.
Step Two: Never answer the door when the cops are knocking on your door.
Step Three: Keep your mouth shut.
http://ag.ca.gov/cms_attachments/press/pdfs/n1601_medicalmarijuanaguidelines.pdf
headbandrocker
Well-Known Member
First get your MMC theres no reason NOT to have it,better safe than sorry.
Stay within your local limit space/plants etc,and if thats not possibe move your collective garden to an area with a larger limit to suit your collectives needs,good luck sorry to hear the bad news
Stay within your local limit space/plants etc,and if thats not possibe move your collective garden to an area with a larger limit to suit your collectives needs,good luck sorry to hear the bad news
robertav3
Well-Known Member
the whole point is that i was growing legally with a brother and a friend as a collective cultivation and going by the scripts that were next to the ladies. I was just being cooperative with the danm cops so they will leave me alone and then they just used wrongfully unproffesional tactics against me that violated my rights and the states laws that protect medical marijuana patients and people that grow for patients. They said they were just going by their pc for this county and sounds like they didn't know about the collective cultivation that protects situations like mine. If they would of have gave me a chance to call one of my patients to come over and help me explained about the collective agreement.
katwoman2012
Well-Known Member
I'm not going to read that quote of the law with the ... throughout where I'd have to bring up my own to finish the thing in context which I really don't care enough to do. Robert what you just spouted above is so much bullshit I can't believe you posted it. ASA either did not understand your story or they put you off. Let me know when one of their attorneys contacts you.
It's people like you who abuse this system which ruins it for people that are ill and really can't afford to buy medicine. You don't know what you're doing, you do not have any kind of lawsuit except where you'll be a felony defendant and you are so misguided about the law, you're delusional. If you tried to spout to the cops that gibberish you were typing here it's no wonder they pulled your plants. YOU ARE OVER LIMIT, DUDE. Guilty as charged. Get a script or take the medicine (and I ain't talking pot).
Member ASA 5 Years
It's people like you who abuse this system which ruins it for people that are ill and really can't afford to buy medicine. You don't know what you're doing, you do not have any kind of lawsuit except where you'll be a felony defendant and you are so misguided about the law, you're delusional. If you tried to spout to the cops that gibberish you were typing here it's no wonder they pulled your plants. YOU ARE OVER LIMIT, DUDE. Guilty as charged. Get a script or take the medicine (and I ain't talking pot).
Member ASA 5 Years
This is why you shouldn't post when your high; you'll make an ass out of yourself. Let this be a lesson to all of you. Don't embarrass yourself like Fatwoman just did.
robertav3
Well-Known Member
exactly.............!
newb19547
Well-Known Member
katwoman......what a b*tch! Accusing who roberta grows for as not really being ill. How the f*ck do yo know? Best of luck to ya roberta
katwoman2012
Well-Known Member
Sorry I'm the only one on here that knows the local law. I am trying to help you. I am sorry for you. I'm scared for you, too. If you read the paper you know that Shasta Co. jail is overflowed and they are not taking small crimes. The over-crowded jail is what saved your ass, dude.
Think of this: I could go out tomorrow and buy about 600 prescriptions in nor cal in a couple days and a few hundred miles if I wanted to. Takes nothing if you have a malady that's verifiable. Totally legal. I could also join about 1500 dispensaries where each one would add my script to their stack with just one of those scripts. Totally legal. I could also make 30 copies of each of those scripts and hand them to growers to grow for me and they can add them to their stacks. Totally legal on my end. That's how unimportant they are. UNLESS YOU DON'T HAVE ONE DURING COP TIME. If you'd have had a script and only 18 mature plants with no more than 1 1/2 pounds processed, you'd have been fine. Wouldn't matter at all where the other patients were. Your patient with a higher limit may have gotten a script or mmj card from another county and is legal to use in SC and possess that limit, but you, my friend, are the one residing and growing in Shasta County and you were over their limits. They're not going to take some fly-by-night doc's (and I know plenty
) crap and let everyone in Shasta County grow any amount they want if your rules applied. YOU live there and YOU grow there and it's your responsibility to follow local laws.
I'd like to know who called on you or whether you were seen from above. It sucks this happened and I really hope they took the pot, smoked the shit out of it, didn't get high and burned it in their bar-b-que. IOW, I hope they didn't keep it as evidence. Stay aware, best of luck.
Think of this: I could go out tomorrow and buy about 600 prescriptions in nor cal in a couple days and a few hundred miles if I wanted to. Takes nothing if you have a malady that's verifiable. Totally legal. I could also join about 1500 dispensaries where each one would add my script to their stack with just one of those scripts. Totally legal. I could also make 30 copies of each of those scripts and hand them to growers to grow for me and they can add them to their stacks. Totally legal on my end. That's how unimportant they are. UNLESS YOU DON'T HAVE ONE DURING COP TIME. If you'd have had a script and only 18 mature plants with no more than 1 1/2 pounds processed, you'd have been fine. Wouldn't matter at all where the other patients were. Your patient with a higher limit may have gotten a script or mmj card from another county and is legal to use in SC and possess that limit, but you, my friend, are the one residing and growing in Shasta County and you were over their limits. They're not going to take some fly-by-night doc's (and I know plenty
) crap and let everyone in Shasta County grow any amount they want if your rules applied. YOU live there and YOU grow there and it's your responsibility to follow local laws. I'd like to know who called on you or whether you were seen from above. It sucks this happened and I really hope they took the pot, smoked the shit out of it, didn't get high and burned it in their bar-b-que. IOW, I hope they didn't keep it as evidence. Stay aware, best of luck.
pastafarian81
Well-Known Member
check out norml they have a legal/lawyer section i'm pretty sure. good luck, and nail them porkers to the wall man.
southernsmoke23
Active Member
Thats ridiculous! Fuck the police!
robertav3
Well-Known Member
the limit thing wasn't the point, it was that they are saying I don't have the right to grow for anybody because of shasta county p.c. says that i had to provide them housing, food, and care so there goes the plants or get a felony charge for growing. For everyone that lives in different countys, call a medical doc and asked them if they can provide more if the patient needs it wether the county's limit says and our docs here in our county say they can. State laws backed them up on that.