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California Lawyer
California Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 1043
Experience:  Licensed to practice law in California
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Marijuana cultivation or possession - not sure which lawyer

Customer Question

Marijuana cultivation or possession - not sure which lawyer would respond. California state, San Benito County.
1. Are the online cards sufficient to possess or grow 6 outdoor plants?
2. If I have 4 family members - are we allowed to grow 6 outdoor plants each?
3. Or is the only LEGAL card issued through the state itself.
Submitted: 1 month ago.
Category: Criminal Law
Expert:  California Lawyer replied 1 month ago.

Hello,

I will try and help. Can you tell me more about what you are trying to do? Keep in mind, after the passage of proposition 64, you can now use, possess and grow marijuana at home (subject to certain restrictions). Under prop 64 you can use or possess up to an ounce. The law does no affect your rights under the Compassionate Use Act or the Medical Marijuana Program Act. Both require your use/possession/cultivation to be associated with your medical need. The average outdoor grown plant will produce, at minimum, a pound of bud. If you and three family members plant 24 plant (6 x 4) you are probably going to get a visit from law enforcement.

I hope this helps.

DCG

Customer: replied 1 month ago.
If we each have a card - are we legally able to grow 6 plants each? I am not sure if the online cards are "legal" or if we each need a California issued card. Basically it would be a co-op.
Expert:  California Lawyer replied 1 month ago.

Hello,

Are you talking about a medical marijuana card or a recommendation to use marijuana under proposition 215?

DCG

Customer: replied 1 month ago.
I got one last year online and I had to answer all the medical questions, so I would imagine it was a medical card. And yes, medical is what I need. To control pain from a fall injury. For the other family members it is also medical. PTSD throuh menstral pain and about 10 other serious medical issues that pot does help alleviate pain or anxiety. It is so difficult to understand what is written in the props.
Expert:  California Lawyer replied 1 month ago.

Ok...

Under proposition 64, you (and each person) can have up to an ounce (that's a lot) and 6 indoor plants. As for outdoor plants, if you have 24 plants, you will probably gain the attention of law enforcement. The average outdoor plant will produce between 1 and 4 pounds of bud. If you smoked one marijuana cigarette every two hours 16 hours a day every day, you will consume about 3.5 pounds of MJ a year [this is the math the police will use]. So if you have 24 plants with 2 pounds each hanging on them (48 pounds) when you could reasonably use at most 14, then you may have a problem.

The short answer is that yes, if you have a card, then you can plant. The other question you asked involved an on-line card. These are not likely valid. You either need a 215 recommendation through a doctor (the better way to go) or a card issued through the state/county.

I hope this helps.

DCG