how many plants?

Here is a recent letter to DPH asking about Hardship Cultivation: I am a medical marijuana patient on disability. Due to the limitations of the dispensaries hardship programs I will be forced to have a hardship homegrow. I am looking for some clarification on this area of the law. How many adult female plants can I have? How many premature/vegetative plants can I have. Will cuttings/clones count towards my total number of plants. Will I be able to get the $100 yearly fee waived as I am below 100% of the FPL. I want to get my grow started as soon as possible as to facilitate my need. I look forward to your response.

Here is their response: The Regulations do not state the number of plants that you should have and in the various stages, it specifies that the amount you have should not exceed 10 ounces or a 60 day supply.
It takes some growing to determine what your yield will be and in the stages and that is understandable.
I’ve spoken to some Law Enforcement and they can determine what a grow house looks like and with that knowledge they are capable of ascertaining who is growing for themselves, themselves and a patient or who is violating the law.
You are not prevented from growing now until the dispensaries open.
The Hardship cultivation waiver application will be ready for submission when the medical marijuana system is fully operational in a few months.

This is the follow up questions I presented: I'd like to know a few other things about the Hardship Cultivation. It takes approximately 4-5 months to grow a plant from seed to harvest and drying/curing the medicine for use. How is a 2 month supply supposed to be enough when I legitimately need a 4-5 month supply to accommodate my illness. This needs to be addressed in the cultivation license. Letting law enforcement pick and choose who is legally growing and who is diverting medicine seems a bit risky and will put an unnecessary stress on patients. I really feel that a per patient quota of mature female plants needs to be stated to ensure proper regulatory procedures are followed at all times. Please forward these concerns to whomever will be in charge of the financial hardship cultivation program. As always I thank you for your time and consideration in this matter. I look forward to your response

reply to my additional questions, I think I upset someone: Law enforcement is not picking and choosing who is diverting medicine. The Regulations state that the supply cannot exceed the amount needed for 60 days. When the hardship cultivation waiver is available, patients will have the information they need to move forward.

We actually voted and won by a huge majority...but what did we really win ? I feel like they are not respecting the will of the people..the politicians are trying to figure a way to monopolize the game..either way in ma do my thing.. legal or not. The people have spoken..they did not listen so we will speak louder next vote 2016.

mrgemstone1 said:

We actually voted and won by a huge majority...but what did we really win ? I feel like they are not respecting the will of the people..the politicians are trying to figure a way to monopolize the game..either way in ma do my thing.. legal or not. The people have spoken..they did not listen so we will speak louder next vote 2016.

Click to expand...

AMEN BROTHA!

I haven't found the link but there was a Mass Superior Court case where in. A medicinal caregiver was growing 70 plants, had in possession at the time the search warrant was executed almost 2 pounds of dried cannabis, as well as over $3,000. Local PD got a tip that marijuana was being grown and got a search warrant to investigate. He lost everything and went to trial.

This went to court wherein the police claimed that the grower, even if doing so legally, had to use his medicinal status as an "affirmative defense" this is key because had the police won this case it would've set a precedent that they could raid a legally operating grow, completely ruining the entire product, and the patient would have to go to trial before he could be relieved of criminal liability. But it would be far too late for his medicinal crop to recover.

Thankfully, the judge saw thru this tactic which would effectively work to bar anyone from growing their medicine for what it was, a sham. He stated unequivocally that PD is required to enquire whether a grow is being operated under a medicinal umbrella and if it is, it is no longer their business. If they feel illegal activity is going on they are to channel through the department of health for an inspection of the premises but they are not allowed to obtain a search warrant in this state merely on the notion that marijuana is being grown. It is now the PD's burden to determine whether the grower is doing so legally before they can obtain a warrant.

This effectively means that if you are growing medicinally and being smart about it (i.e. not doing it in your front lawn on mainstreet) then the PD will basically defer to the DPH. Furthermore, because this case was dismissed in it's entirety it cemented the fact that there is no real plant limit.

I know many caregivers who are openly violating the single patient rule and are growing medicinally to supply their multiple patients. They are basically operating under the directive that the regulations are illegal and inhibit the implementation of the law as it was passed. I think that has yet to be adjudicated tho so there is a less clear answer.

So yea, no plant limit in MA which basically means 99 plants to avoid potential federal prosecution.