Legal Question in Criminal Law in California

right to grow medicinal marijuana

greetings,per prop 215,have doctor's letter for marijuana use. have grow certificate for the oakland canabis byers coop. live in san jaoquin county. have heard different district attorney's have different ideas on limits on plants. have been told not to directly contact the local d.a.? still question of federal law, but feds are not interested under a certain plant count? sure could use some guide lines to go (grow) by.my wife also has certificates, please help.


Asked on 2/07/01, 8:14 pm

2 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: right to grow medicinal marijuana

The problem is that tomorrow the Feds or the local District Attorney could change their guidelines. And what is a prudent small amount of plants today suddenly isn't tomorrow.

The person you need to ask is the District Attorney. There should be a way of approaching that problem without identifying yourself. Possibly a reporter at the local newspaper, etc.

If the guidlines come back per household, then I'd split that with your wife and not grow anymore.

I'd be comfortable sticking with enough plants for personal use, especially if you have a medical reason to use it. It's when you've gotten into the business of growing for outside sales, that's going to get you noticed.

However, there's no guarantee that the policy of the Feds or the D. A. will not change.

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Answered on 3/20/01, 10:20 am
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: right to grow medicinal marijuana

There are no clear guidelines on how much "medicinal marijuana" a person can grow. Different counties approach the issue with varying degrees of agressiveness. Certainly large amounts of marijuana that some might consider greater than for personal use pose a serious risk of running afoul of state and federal law enforcement. Until this matter is cleared up you run the risk of arrest even if you have a prescription.

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Answered on 3/22/01, 3:42 am


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