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Samuel II
Samuel II, Attorney at Law
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Experience:  Handle criminal matters in both state and federal courts.
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What is the legal number of marijuana plants that a person

Resolved Question:

What is the legal number of marijuana plants that a person with a medical marijuana card (215) can grow in the State of California
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Samuel II replied 3 years ago.

Hi

 

Here is the CA law specific to you question under the Health and Safety Code 11362.77

 

(a) A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature marijuana plants per qualified patient.

 

(b) 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.

 

(c) Counties and cities may retain or enact medical marijuana guidelines allowing qualified patients or primary caregivers to exceed the state limits set forth in subdivision (a).

 

(d) Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of marijuana under this section.

 

(e) The Attorney General may recommend modifications to the possession or cultivation limits set forth in this section. These recommendations, if any, shall be made to the Legislature no later than December 1, 2005, and may be made only after public comment and consultation with interested organizations, including, but not limited to, patients, health care professionals, researchers, law enforcement, and local governments. Any recommended modification shall be consistent with the intent of this article and shall be based on currently available scientific research.

 

(f) A qualified patient or a person holding a valid identification card, or the designated primary caregiver of that qualified patient or person, may possess amounts of marijuana consistent with this article.

 

If you have further questions, you can post them here and I will continue to assist. Otherwise, please remember to accept as that is how I get credit for my time and information in this matter. Thank you

 



Edited by Samuel-II on 10/7/2010 at 5:35 AM EST
Customer: replied 3 years ago.
Samuel - II,

Thanks for the answer, but I believe that the California Supreme Court in People v. Kelly modified the six mature plants and 12 immature plants provision to be essentially a "reasonable" number of plants for the person, and the California Attorney General in 2008 recognized that a person can grow more plants if that person is a part of a "collective". This was also acknowledged in Butte v. Superior County.

I need to know if since People v. Kelly, have there been any other cases or interpretations of this statute that specify exceptions or expand the number of plants beyond six mature or twelve immature plants.

If you can review this and still don't see anything, please let me know and I will click "Accept Answer"

Thanks

Dennis Wells
Expert:  Samuel II replied 3 years ago.

Hi

 

 

I do not have access to case laws to do that research. However, while it is totally up to you to accept or not, I will note I did answer your original question.

 

If you have further questions, you can post them here and I will continue to assist. Otherwise, please remember to accept as that is how I get credit for my time and information in this matter. Thank you

 

 

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21719
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 5 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
Samuel - II,

Well, seeing that you don't have access to case law, that doesn't provide much of an answer, does it?

I will click "Accept Answer" after I send this email, but I don't think I will be utilizing this service in the future.

Dennis Wells

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