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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111638
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In the states of California and Colorado, what parameters

Customer Question

In the states of California and Colorado, what parameters are set for cultivating marijuana at home for resale?
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under CA law you can grow100 square feet of medical cannabis for a patient, and allow caregivers to grow 500 square feet for up to five patients, which the courts hold means 6 mature or 12 immature plants. California Health and Safety Code 11362.71 says that "no person or designated primary caregiver in possession of a valid identification card shall be subject to arrest for possession, transportation, delivery, or cultivation of medical marijuana in an amount established pursuant to this article, unless there is reasonable cause to believe that the information contained in the card is false or falsified, the card has been obtained by means of fraud, or the person is otherwise in violation of the provisions of this article." Under Prop. 215, patients are entitled to whatever amount of marijuana is necessary for their personal medical use. However, patients can be arrested if they exceed the SB 420 guidelines. SB420 sets a baseline statewide guideline of 6 mature or 12 immature plants, and 1/2 pound (8 oz.) processed cannabis per patient. Individual cities and counties are allowed to enact higher (but not lower) limits than the overall California statewide standard. The CA Supreme Court held in People v. Kelly (2010), that patients can NOT be prosecuted simply for exceeding the SB 420 limits; however, they can be arrested and forced to defend themselves as having had an amount consistent with their personal medical needs.
Under Colorado law you may grow no more than six plants and no more than three of those can be mature plants. See: Colo. Const. amend. 64. Colorado defines a mature plant as a flowering plant. Colorado law also requires that the plants be grown in an enclosed, locked space that is not “open” or “public.”
Customer: replied 11 months ago.
what exactly is a care giver and a patient?
and what are the requirements to obtain a license to cultivate for patients ?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply
For a patient, you need to be prescribed marijuana by a licensed doctor and apply to the state for a patient card. As a caregiver, you would need patients who have marijuana cards to prove you are growing for up to 5 patients to provide them their marijuana.
You cannot get a license to cultivate for patients, you would be a care giver by showing the cards of your patients you are growing for in the event the authorities visit.
Customer: replied 11 months ago.
I understand. just to further clarify.
what state would give me legal right to grow more in, if I only had one patient as a care giver?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
CA allows you to grow more than Colorado, but Colorado is a bit less complicated to do so as it is legal for anyone to buy or purchase in limited quantities.