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A physician's recommendation for an exemption from the state's standard limit on the number of cannabis plants you can grow for personal medical use. It's crucial to differentiate between a formal certification and an exemption from California’s recommended limits for personal medical cannabis use.
According to Health and Safety Code 11362.77:
(a) A qualified patient or caregiver is limited to possessing no more than eight ounces of dried cannabis and cultivating no more than six mature or 12 immature cannabis plants per patient.
(b) However, if a physician recommends that these amounts do not meet a patient’s medical needs, the patient or caregiver may possess and cultivate cannabis in quantities consistent with the patient's requirements.
Essentially, a grower’s recommendation suggests the need for more cannabis than the state's established limits. However, it's not a free pass to cultivate a large-scale cannabis farm, like 99 plants. This recommendation doesn’t prevent possible arrest by law enforcement. It primarily offers an affirmative defense for cultivating and possessing cannabis amounts exceeding state guidelines, tailored to your medical needs.
Origin and Limitations of the Affirmative Defense
This affirmative defense originates partly from case law, like The People v. Trippet (1997), which recognized an implied defense for transporting medical marijuana in amounts reasonably related to the patient's current medical needs.
However, it was SB420, not Prop 215, that offered more concrete protection from arrest. Passed in 2004, SB420 introduced the MMIC program, providing legal shields for those who adhere to its guidelines.
SB420, also known as the Medical Marijuana Program, established possession guidelines for cardholders and acknowledged a qualified right to collective and cooperative cultivation of medical marijuana. This right, however, remains subject to legal challenges. Notably, the “sunset clause” set for January 9, 2019, aims to phase out cannabis collectives in California, which could impact collective cultivation rights in the near future.
Cannabis grower's licenses offer numerous advantages, but there are specific medical criteria that must be met under California law to qualify for one. These include:
If you suffer from any of these conditions, you are eligible to apply for a 99-plant grower's license in California for the year 2024
The primary purpose of a grower's license in California is to enable individuals requiring medicinal marijuana to cultivate their own cannabis at home. Under the state's standard regulations, patients are allowed to grow up to six mature and twelve immature plants. This quantity, however, may not suffice for some patients dealing with severe health conditions. Recognizing this need, California law extends the provision for a special certification to cultivate up to 99 marijuana plants. This significantly aids patients who require a higher dosage for their treatment.
Possessing a 99-plant grower's cert in California for 2021 ensures that patients have a consistent and private supply of medical marijuana. This autonomy eliminates their dependence on dispensaries, which may face occasional shortages or may not always stock the specific strains needed by the patient.
Acquiring a grower's license in California not only allows legal access to a larger quantity of medical marijuana but also brings several other benefits:
Convenience and Accessibility: Patients can avoid the hassle of traveling to dispensaries to procure their medicine.
Assurance of Supply: A personal grow certification mitigates the risk of facing a shortage of cannabis in dispensaries.
Diverse Cultivation Options: certification holders have the freedom to grow various cannabis strains, including Indica and Sativa, according to their medical needs.
Quality Control: Growing marijuana at home enables patients to maintain and ensure the quality of their cannabis, without having to compromise due to the limitations of store-bought varieties.
Cost-Effectiveness: Cultivating cannabis at home can be more economical than purchasing it from commercial outlets.
To qualify for a grower's license in CA, patients must meet certain criteria:
Age Requirement: Applicants must be at least 18 years old.
Residency: Individuals must be residents of CA and provide valid proof of residency.
Medical Eligibility: A patient must have at least one of the qualifying medical conditions as defined by the CA medical marijuana program. This ensures that the grower's recommendation is granted for legitimate medicinal purposes.
It's essential to understand that a cultivation recommendation, often referred to as a 99-plant recommendation, is not a permit for commercial sales. Prop 215, the law in question, does not authorize collective cultivation or the sale of cannabis grown personally. It solely permits cultivation by a primary caregiver for their direct qualified patients. For those interested in collective cultivation, it's important to note that this aspect of the law was set to be repealed on January 9, 2019.
If you're seeking a 99-plant recommendation to grow and sell cannabis or distribute it to patients, you're misunderstanding its purpose. This recommendation merely indicates that your personal medical use requires more cannabis than the state's standard limits.
Suppose your medical needs (or those of your qualified patient) genuinely require the cultivation of 99 plants. In such cases, as established by The People v. Kelley and other case law, what you have is an affirmative defense. This means you can argue in court that the standard cultivation limits are insufficient for your specific medical situation. However, remember, an affirmative defense is only applicable after an arrest for suspected violation of state cannabis laws.
Let's break it down further. Assume each of your outdoor plants produces one pound of cannabis, which equates to about 45,144 grams for 99 plants. Given that a gram of cannabis flower contains about 100 to 300 mg of THC, even with one harvest per year, the total THC amount could be immense. For instance, at a low potency of 10% THC, this would total over 4.5 million mg of THC per year, or about 12,368 mg of THC daily. While some patients with high tolerance may need thousands of milligrams of THC per day, for most, this amount is excessively high and challenging to justify medically.
However, there are legitimate cases where patients use cannabis in different forms, like juicing for THCA or incorporating leaves into their cooking. Yet, for most individuals, cultivating 99 plants is excessive and raises suspicion of non-medical use. Law enforcement may continue to investigate for signs of sales activity, and any evidence found can be used against you.
It's also important to note that many patients genuinely need more than six mature plants. Issues like pests or diseases could jeopardize their entire medical supply. In such cases, having an exemption from standard limits is crucial.
In California, the legality of growing 99 cannabis plants is complex and varies based on several factors, including local ordinances, state laws, and individual licensing.
State Law: Under California state law, recreational cannabis users are allowed to grow up to six plants per residence, regardless of the number of adults living there. This limit is set by Proposition 64, which legalized recreational marijuana in the state.
Medical Marijuana: Patients with a valid medical marijuana card and their primary caregivers can grow more than the recreational limit. However, the exact number is not specified in state law and is subject to local ordinances. The idea of growing 99 plants often stems from earlier medical marijuana guidelines, but it's not a blanket allowance under current laws.
Local Ordinances: Cities and counties in California have the authority to set their own rules regarding the cultivation of cannabis. Some may allow more than six plants for medical patients, but it's uncommon for any jurisdiction to permit as many as 99 plants without a commercial license.
Commercial Licensing: To legally grow cannabis on a scale that includes 99 plants, you would typically need a commercial growing license. Obtaining such a license involves meeting stringent state and local requirements, including zoning laws, security measures, and business regulations.
Legal Risks: Growing more than the legal limit without proper licensing can lead to significant legal consequences, including fines and criminal charges. It's important for individuals to adhere to both state and local regulations.
In summary, while the idea of legally growing 99 cannabis plants in California seems confusing, in reality, it's always good to review your county's regulations. It's always advised to connect with a medical cannabis lawyer to check the most current local and state laws and consult with legal experts when considering growing cannabis plants in any capacity.
Most exemptions are capped at "up to 99" plants because federal penalties escalate significantly at 100 plants or more. However, it's important to recognize that your recommendation doesn't explicitly authorize you to grow 99 plants. It suggests you may cultivate as many plants as needed, up to this limit. This distinction is critical, and you must be prepared to prove that your cultivation is strictly for the necessary medical use.
Grower's license to Grow 99 Marijuana Plants in California: CA legalized the growing and use of medical marijuana 20 years ago. Up to today, it still remains to be one of the places where cannabis is largely grown. Other states have also followed the same and are legalizing its use. Cannabis is also one of the most lucrative businesses in the world with its stock exchange market rising over the past few years. Very many people get money from its sale and distribution and everybody is turning their eyes on that cannabis business. Sometimes ago, cannabis use was illegal and this has led to strict regulations in its growth. The processes are long in some states with various checks and verification activities being undertaken before anyone can grow.
In the state of CA, regulations have been made less strict and nowadays, people can even grow medical marijuana and distribute it but every activity controlled by certain regulations. Very many people are thus opting for growing cannabis in CA as you can grow and distribute if you meet the requirements. Some states have higher fees for obtaining recs but it is a bit easy here in CA. First, before involving yourself in the activities of growing medical marijuana, it is important to understand how the legal requirements for its growth.
If you live in California, then you can obtain a license at any time of the day. You can get a certificate from any city in The Golden State. You can even apply it online for a medical marijuana evaluations near me in less than thirty minutes since there is less or no paper work at times. After you obtain your certification, then you can grow cannabis according to your license. You will have to qualify in order to grow cannabis. It first starts with age. If you are 18 years and over then you can obtain a license to grow cannabis. You should also suffer from one of the disease and conditions that medical marijuana cures. Now that Prop 64 has passed, many people are asking whether they still need a medical marijuana card? There are very many diseases and when your doctor diagnoses one in you, then you can seek to grow cannabis. However, the doctor has to be qualified so you should ascertain their qualification and level of experience. There are very many people that depend on medical marijuana. Buying it from the dispensaries is quite expensive and that’s why people sought to grow their own cannabis. And the government of CA did not let people down and went ahead to legalize its growth.
Prop 215 allows medical marijuana patients at the age of 18 years and above to grow up to six mature plants. Or else, they can grow up to 12 immature medical marijuana plants per residency. Though, marijuana cultivation law differs from county to city. Those who are 21 years and over can grow up to 6 recreational marijuana plants per residency. If you surpass the limit for the growing, then you are eligible to face a criminal prosecution. It’s important to understand all this so you don’t make a mistake and end up in the jail. However, the law protects anyone prosecuted as long as they did not break it. You can grow the marijuana plants in a confined and closed place but not outside your home. Regardless of where you stay in CA, the county cannot ban you from growing medical marijuana at your home place. This means that anyone can obtain a license to grow cannabis for medical use.
The California grower's license cost also differs. It sometimes changes over the years or depending on any changes made within the law. It’s also crucial to make sure that before you start growing cannabis, you understand the cost for the license so you also don’t end up spending unnecessary. You can also renew the license annually depending on the type of cultivation license that you own. Since the cost of medical marijuana is high, a qualified patient might find it quite hard to survive with the minimum of six plants stated by the law. Patients suffering from diseases like cancer will need more medical marijuana to offer a strong effect to them. The 6 marijuana plants under prop 215 are sometimes not enough and need to grow more than that. CA has well taken care of this to its residents.
You can obtain a license to grow up to 99 plants of medical marijuana in California. The 99 plant grow license California allows one to grow more than the initial 6 or 12 immature plants. With this type of license, then you can grow not more than that figure or else, you will face the law. In order to grow more than this, then you will need a permit to have it at your home. A permit can be obtained through a qualified doctor. Under California SB 420, individual cannabis dispensaries can group to grow together as a non-profit entity collective, that they can raise up to 99 plants.
There are several qualified doctor in California that can recommend you a permit to grow up to 99 plants from your home. Once you visit the medical marijuana doctor, then they will access you and if 6 plants are not enough for you, then they will recommend for the 99 plant grow. After you get the grower's recommendation, then you cannot go ahead and purchase the seedlings for marijuana plants. You will have to go ahead and obtain a license for that. Since January 2018, the process has been simplified and it’s now easy to obtain a license. However, you might undergo several verifications. Your criminal records will be checked and if you are good, then you can right away get the license and start growing it. You will also need certain facilities for the growth of cannabis. There are several strains of cannabis and it’s important to know the one that you will have to grow. You can get all that information from the internet. Sometimes, residents with the 99 plants grow license usually combine efforts to grow more than 99 plants. However, this is not yet legal and one can face the law. You can thus obtain the commercial growers license in CA. There are very many types of license that one can obtain in order to grow cannabis. It all depends on the purpose that you are intending to do with the cannabis. With the California grower's license, then you are only allowed to grow cannabis for medical use only. Not for retail or selling.
There are licenses that allow the distribution of cannabis. Most people only grow the cannabis and harvest it for use to treat their conditions. This way, you will have reduced the costs for obtaining cannabis from the dispensaries. Only the legal dispensaries have the certification to distribute the medical marijuana. The commercial grower’s license allows you to grow medical marijuana for distribution for those who have marijuana dispensaries. If a qualified doctor recommends you to legally purchase medical marijuana, then you can go for the license to grow. However, not everyone will be eligible to grow 99 plants of medical marijuana. Only those who are suffer from the serious diseases and conditions might be allowed to grow this. Others can only be allowed to grow the maximum of 6 or to grow the recreational marijuana.
To acquire a medical marijuana recommendation, then you can find the marijuana evaluation near you. This will also give you the chance to compare prices and distances from your home. However, you don’t need an ID to grow marijuana. Though, some people prefer carrying a medical marijuana card to show physical proof that they should use or buy medical marijuana. A doctor’s recommendation will allow you to grow as many plants depending on your medical condition. An official physician’s recommendation can get you all that. The surplus that you get after you have processed your marijuana is not allowed to be sold. It’s also important to understand some types of license especially if you do the cultivation for distribution. You cannot move cannabis from your home to another area without a license. The type 12 license California allows one to move cannabis within the state of CA. It only allows one to move from one licensed place to another licensed area. You can also acquire this license if you have a cannabis grower's license. This mostly applies to commercial growers. However, the cost of the license changes with time. It’s important to make sure that you are familiar with any new changes just before you purchase it. Some certifications will be granted after you have certain licenses.
For those who have been wondering of where to get grower's licenses to grow up to 99 plants, then nowadays, a doctor’s recommendation will take you there. It’s imperative to note that, you cannot obtain a 99 plant grow license without a recommendation from a qualified doctor. Again also, you will have to suffer from the diseases that require to be treated with a lot of medicinal cannabis. A doctor can permit you to have a medical marijuana card. This card will always be used to buy marijuana products form the dispensaries. You must not have it to buy medical marijuana but having it is a good prove and you can carry it from anywhere. Otherwise, a recommendation letter form a doctor is still enough.
The CalCannabis Cultivation certification, a division of the California Department of Food and Agriculture, published a set of proposed regulations that list 14 different grower's licenses depending on the size and activity of the growing operation. Your license can also be banned anytime if you break the law. Operating outside what your license allows you to do is quite dangerous. When you are found, the license can be confiscated and also banned. You should also make sure to renew your license in time. There are different costs for renewing the different licenses that you should make sure that you are familiar with. If you meet all the requirements, then you will always grow your medical marijuana without any problems. For the marijuana plant, it’s important to make sure that you grow the allowed number of plants according to cannabis regulation. Even when you are recommended by the doctor to grow the 99 plants, then make sure to obtain a license for this purpose. You should also make sure to plant your cannabis within a confined space or according to county ordinance. Growing it outside, for example, in a farm can be quite dangerous. Cannabis cultivation license is only for those that want to grow cannabis for medical use at home.
Anyone diagnosed with a condition whose cure is medical marijuana will need a medical marijuana card. This card is required in any state to purchase the medicine. There are different regulations when it comes to acquiring a medical marijuana card which also depends on the state. In California, you will have to use the same route as growing cannabis. Once you have been discovered with those diseases, then your doctor will recommend you for the use medical marijuana. They will also recommend you to get a card. Without the card, then you cannot buy any product from the dispensaries. The doctors can send you an official mail as a proof that you can buy medical marijuana. Then you can go ahead and get a mmj card. With the card, then you can produce it as a proof that you should use medical marijuana. No one can question you for buying marijuana with this card. The card can also protect you when you are caught using medical marijuana products. Acquiring the card is not expensive and once you have it, then you can it to buy for as long as you wish. The mmj card also gives certain privileges & can show to law enforcement or buy a cannabis product. You can freely buy medical marijuana from the online dispensaries. There are very many online dispensaries and if you do not wish to visit the dispensary physically, then one great way is to use your card for online purchase. This also ensures privacy.
Some marijuana users prefer keeping it a secret to themselves. When you purchase this way, then you get to ensure that not even your family members will know. The medical marijuana is delivered directly in your doorstep. Therefore, anyone that wishes to grow 99 plants of marijuana should make sure to obtain a grower's license. The certification can be got from any city. Other certifications can even be applied through the internet. Getting the certification will only take you less than twenty minutes.
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