New Cali. Medical Law

Discussion in 'Medical Marijuana' started by Useless, Oct 29, 2003.

  1. Useless

    Useless Diogenes Reincarnate

    Well, this one has its upsides and downsides for all us medical patients. It will go into effect statewide...
    The good:
    Basically LEO can not arrest a med patient for cultivation if they keep under the guidlines set forth in SB420 (ironic name for an Mj bill huh? :lol: )
    The guidlines are for 6 mature plants, 12 immature plants and 1/2 LBS. of processed MJ. Transporting under these guidlines will be allowed. Smoking near schools, while driving etc. is still not allowed.
    The Bad:
    The original bill was slated with much broader guidelines. The original bill was set to use the Medical Marijuana Council's guidleines based on federal guidelines. The guidelines were originally 99 plants, up to 6 lbs. processed, and a growing area of 100 sq.ft. (measured at the canopy). Gray Davis caved in to pressure from a senator (sorry forget his name) to reduce the guidelines set forth by the States Medical Marijuana Council.
    Now the long and short of it:
    It does not mean that you cant grow more than 6 plants. It means that if you do, you face imprisonment, but you can still use medical neccesity defense. If your Dr. prescribes you say 10 grams a day, then you can grow more than 6 plants if your production meets the Dr.'s prescription of 10 grams per day. What it does do for us, is remove the fear of arrest for cultivation if growing within the guidlines. They can not arrest or detain you, and all of your gear/equip. will not be touched.
    It is a step in the right direction, but its a baby step, not the giant leap that needs to take place...
     
  2. trillions of atoms

    trillions of atoms Latae Sententiae Excommunication

    thank you useless... i want to make the move to cali soon... i will have about 25k to put down on a house and need help becoming a med user.... i a back operation to have a disk removed about a yr ago and am still in constant everyday pain, i dont not take pain meds due to their addictivness and there bad for you liver. do i meet requirements?
     
  3. Useless

    Useless Diogenes Reincarnate

    Trill, you'd have to ask a Dr. about that. But it sounds like you are a prime candidate.
     
  4. thank you once agian, i had a quiq Q if you dont mind. where is a nice area with reasonable real-estate prices?


    i dont even want a big fancy house... just a cozy place, even an apartment. just a place to set up my grow show.
     
  5. SecretiveVikki

    SecretiveVikki Germinated

    Useless.....say it isn't so [​IMG]


    I read it for myself, but still say it isn't so, help me along with my denial!


    I only grew 6 this year because of county statutes, which were reversed recently on a local level, only to be overturned by the state...grrrrr, enough already, if I wasn't allergic to subzero weather I'd be in the Yukon already....maybe Belize has a more liberating view? ;)
     
  6. Useless

    Useless Diogenes Reincarnate

    Trill, there are numerous areas that are nice, you'd have to check it out for yourself. If you like city life, So. Cal. if you want a nice rural woodland area, No. Cal. If you want both, Southern No. Cal. (Frisco/Sacramento areas). Look around. lots of beutiful areas here in Cal.


    Vikki, as much as I would like to help you, its true.


    But like I said, its got its good and bad points. Grow under 6 plants and there is no need to worry at all. More than that, and well its just like it was before they introduced SB420.


    I still think its an ironic # for an MJ bill! :roflmao:
     
  7. greenthumb420

    greenthumb420 Hash Engineer

    Hmmm does this mean the Useless' medical garden will be up and running in '04?
     
  8. Useless

    Useless Diogenes Reincarnate

    More than likely GT...its hard not having my favorite hobby anymore! :wink:
     
  9. rangerdanger

    rangerdanger ***Rest in Peace***

    Useless, do you know if that law usurps other current county guidelines?


    In Humboldt, Sonoma and some other counties the current limit is 99 plants.
     
  10. Useless

    Useless Diogenes Reincarnate

    Its actually more of a statewide "minimum". The counties can utilize their own guidelines. I know that Sonoma county is one that has already stuck to their guns for the 99 plant limit. It would really apply to those counties with no set guidelines. So, in say San Bernadino COunty, the statet couldn't arrest you for 6 plants. 7 plants and you're going to the pokey, and have to prove medical neccesity (sp) in a court of law. The SB420 is a statewide ID program, and all who choose to enroll will get a state ID card. Then if you get a visit from LEO, but are within the state's guidelines, no arrest, no ticket, no court appearance, nothing. You can check CalNorml webpage or Americans for Safe Access webpage for specific details ranger.
     
  11. rangerdanger

    rangerdanger ***Rest in Peace***

    CalNorml's web page:


    SACRAMENTO, Oct. 12, 2003. Gov. Davis signed Sen. Vasconcellos' medical marijuana task force bill, SB 420, which would establish state Prop. 215 enforcement guidelines.


    The bill was marred by a flurry of controversy over a last-minute amendment setting Prop. 215 cultivation guidelines of 6 mature or 12 immature plants plus one-half pound of processed cannabis per patient. The guidelines would not be legally binding limits for the purposes of determining guilt or innocence, but are intended to provide guidance for when police can make arrests.


    SB 420 would establish a voluntary identification card system to protect patients and caregivers from arrest throughout the state. The card, which is modeled on the San Francisco ID system in order to protect patient privacy, would protect against arrest for not only possession and cultivation, but also transportation and other related charges for persons adhering to specified guidelines.


    As originally proposed, SB 420 would have had the guidelines set by the State Dept. of Health Services pursuant to public hearings. However, this idea was opposed by the Davis administration on the grounds it would be too costly and burdensome on DHS. In order to save the bill, Sen. Vasconcellos negotiated a last-minute compromise with Attorney General Bill Lockyer, setting guidelines of 1/2 pound of marijuana and up to 6 mature or 12 immature plants.


    Medical marijauana advocates strongly opposed the guidelines as arbitrary and inadequate for many patients. Instead, they pushed for more liberal guidelines like those adopted in Sonoma County, which allow up to 3 pounds and 99 plants within 100 square feet.


    However supporters of SB 420 argue that the guidelines are not a ceiling on what patients can have, but rather a floor beneath which they will be protected from arrest. They point out that SB 420 does not and cannot limit the amount of medicine patients may legally have or grow, since Prop. 215 gives them the right to as much as they need for their personal medical use. Under SB 420, patients with state cards who adhered to the guidelines would be protected from arrest, which they are not under current law. On the other hand, patients who exceeded the guidelines would be subject to arrest, but would still retain their full Prop. 215 rights in court.


    As additional protections, SB 420 specifies that patients can exceed the guidelines if their physician says that is necessary, and permits local jurisdictions to enact more liberal guidelines if they wish.


    In other provisions, SB 420:


    Recognizes the right of patients to cultivate collectively or cooperatively, though not for profit.


    Does not allow marijuana smoking in no smoking zones, within 1000 feet of a school, on schoolbuses, in operating vehicles, or while steering a boat.


    Allows "primary caregivers" to have multiple patients within the same city or county, but just one patient outside.


    Allows reasonable compensation for caregivers.


    Allows prisoners and probationers to have medical marijuana cards and request its use in appropriate circumstances.


    SB 420 takes effect on Jan. 1, 2004.


    Although medical marijuana activists were sharply divided on SB 420, the bill was widely viewed as a test of support for medical marijuana by the state legislature. SB 420 passed the Assembly 42-32 and the State Senate 24-14, with medical marijuana supporters voting solidly in favor, and opponents against. The vote was largely on party lines, with just two Republicans, Sen. Bruce McPherson (Santa Cruz) and Sen. Tom McClintock (1000 Oaks) voting in favor of SB 420, while four Democrats opposed: Sen. Dean Florez (Fresno) and Assemblymembers Barbara Matthews (Tracy), Nicole Parra (Fresno) and Lou Correa (Santa Ana).


    ________________________________


    To members/guests who live in Fresno, Tracey and Santa Ana--I hope you take note of who voted AGAINST the bill, so you know who NOT to vote for (and I hope actively campaign for their opponents).
     
  12. Administrator

    Administrator Administrator

    GT asked my question. ;)
     

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