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Old 04-16-2010, 11:38 PM
 
Location: On the "Left Coast", somewhere in "the Land of Fruits & Nuts"
8,367 posts, read 8,591,960 times
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Dunno, still seems unclear, if not conflicting (11300a vs 11300ii).

So what does the"not more than 1 ounce" refer to (esp. when an "ounce" is spelled out)?

And where does it say specifically that you're allowed to have an unlimited amount in your possession without a license, in your home? Or are you just interpreting it that way because of the "25 square feet" part?
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Old 04-16-2010, 11:58 PM
 
Location: Minneapolis
146 posts, read 192,960 times
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Quote:
Originally Posted by mateo45 View Post
Dunno, still seems unclear, if not conflicting (11300a vs 11300ii).
No worries, I agree they could have been a lil bit more clear on the wording but that is a pretty typical opinion of mine regarding legislation jargon..

Quote:
Originally Posted by mateo45 View Post
So what does the"not more than 1 ounce" refer to (esp. when an "ounce" is spelled out)?
28.5 Grams..
Quote:
Section 11304: Effect of Act and Definitions
(ii) “One ounce” means 28.5 grams.
Quote:
Originally Posted by mateo45 View Post
And where does it say specifically that you're allowed to have an unlimited amount in your possession without a license, in your home? Or are you just interpreting it that way because of the "25 square feet" part?
In section 11300.a.iii
Quote:
Possess on the premises where grown the living and harvested plants and results of any harvest and processing of plants lawfully cultivated pursuant to section 11300(a)(ii), for personal consumption.
Assuming you stay within the guidelines established in 11300(a)(ii) basically meaning, you having the right to grow on the property and staying within the set limits of unlicensed cultivation for personal consumption; You can "Possess on the premises where grown the living and harvested plants and results of any harvest and processing of plants" meaning you would have no limit to amounts of possession resulting from your personal consumption harvests and processing.
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Old 04-17-2010, 08:45 AM
 
Location: On the "Left Coast", somewhere in "the Land of Fruits & Nuts"
8,367 posts, read 8,591,960 times
Reputation: 5919
Quote:
Originally Posted by keroppininja View Post
No worries, I agree they could have been a lil bit more clear on the wording but that is a pretty typical opinion of mine regarding legislation jargon..

28.5 Grams..In section 11300.a.iiiAssuming you stay within the guidelines established in 11300(a)(ii) basically meaning, you having the right to grow on the property and staying within the set limits of unlicensed cultivation for personal consumption; You can "Possess on the premises where grown the living and harvested plants and results of any harvest and processing of plants" meaning you would have no limit to amounts of possession resulting from your personal consumption harvests and processing.
I'm aware of what an "ounce" means, but when the wording is that specific about an ounce being the limit for personal possession (11300a, i), and it also specifically spells out the definition of an ounce, that seems like a pretty clear restriction to me, notwithsanding the typical vagaries of legislation.

On the other hand, if virtually unlimited personal possession ("lawfully cultivated") is permitted, then how do you reconcile that apparent contradiction?
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Old 04-17-2010, 11:36 AM
 
Location: Minneapolis
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In section 11300 part A

and if you look in section Section 11304: Effect of Act and Definitions
Quote:
(iv) In determining whether an amount of cannabis is or is not in excess of the amounts permitted by this Act, the following shall apply:
(a) only the active amount of the cannabis in an edible cannabis product shall be included;
(b) living and harvested cannabis plants shall be assessed by square footage, not by weight in determining the amounts set forth in section 11300(a);
(c) in a criminal proceeding a person accused of violating a limitation in this Act shall have the right to an affirmative defense that the cannabis was reasonably related to his or her personal consumption.
Actually emailed yesterday the people who are organizing the act and asked for a clarification on this subject because I had a feeling this was going to be a ongoing discussion, about the different between possession in a public space compared to possession your own home as a result from cultivation for the purpose of personal consumption. I'll post their reply when it comes back probably monday.

What you have to understand here is that allowing a resident/owner to grow in a 5'x5' space will by default always result in a harvest of more than an ounce if they are growing anywhere close to proper. They cannot expect people to grow in that size only to be unreasonably limited at harvest time, they know this as the people writing it are closely involved with knowledgable people and have accounted for that fact in the act. The people who want to change the laws for legalization don't want to trap people and do the opposite of what the act is meant to do, that being trapping people within the letter of the law and putting them in prison for no real reason.

Last edited by keroppininja; 04-17-2010 at 11:58 AM..
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Old 04-17-2010, 11:55 AM
 
Location: Santa Cruz, CA
2,903 posts, read 11,448,135 times
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.... a different lens to look through ... deoxy is a bit radical for C-D-F but what the heck ... a few may appreciate.

Partnership for Drug Freedom in America

(a few key pages)

What No One Wants to Know About Marijuana

Principles of Responsible Use

Life, Liberty, and the Pursuit of Cannabis

Last edited by coyoteskye; 04-17-2010 at 12:07 PM..
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Old 04-17-2010, 12:11 PM
 
Location: On the "Left Coast", somewhere in "the Land of Fruits & Nuts"
8,367 posts, read 8,591,960 times
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Quote:
Originally Posted by keroppininja View Post
In section 11300 part A

and if you look in section Section 11304: Effect of Act and Definitions
"living and harvested cannabis plants shall be assessed by square footage, not by weight".... understood, thanks. Although I'm still kinda unclear re: that point then of "not more than one ounce of cannabis" (11300 i), including as you noted, that issue of the typical yields of said "square footage". Thanks for checking on that.

But would frankly would prefer not to have to worry about "a criminal proceeding" anyway, re: quantities for personal possession (with or without "an affirmative defense"). As already mentioned, this is currently not an issue with possessing things like beer or wine.
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Old 04-17-2010, 01:47 PM
 
Location: Minneapolis
146 posts, read 192,960 times
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Quote:
Originally Posted by coyoteskye View Post
.... a different lens to look through ... deoxy is a bit radical for C-D-F but what the heck ... a few may appreciate.

Partnership for Drug Freedom in America

(a few key pages)

What No One Wants to Know About Marijuana

Principles of Responsible Use

Life, Liberty, and the Pursuit of Cannabis
Solid information links there, recommended read for sure

Quote:
Originally Posted by mateo45 View Post
"living and harvested cannabis plants shall be assessed by square footage, not by weight".... understood, thanks. Although I'm still kinda unclear re: that point then of "not more than one ounce of cannabis" (11300 i), including as you noted, that issue of the typical yields of said "square footage". Thanks for checking on that.

But would frankly would prefer not to have to worry about "a criminal proceeding" anyway, re: quantities for personal possession (with or without "an affirmative defense"). As already mentioned, this is currently not an issue with possessing things like beer or wine.
No worries, was going to email them anyways because I want to know why they are making a worded difference between minors below and above 14 years of age.

Well you would always have to worry about being accused of going beyond the limits of the law even in regards to producing alcohol, ie selling unlicensed products. Having an affirmative defense is important for the citizens to be able to defend themselves from false or unsubstantive accusations or charges. It is really the same with alcohol, there is a limit that you can brew in your home without a license. For example having so much beer or liquor at your place they could think you are running a speakeasy. Many many people wouldn't want to worry about being charged with anything in regards to production, but a bill written that way would never pass. They need that in there since one of the main goals is to create a regulated commercial market, with at least some defined lines between unlicensed personal cultivation and licensed commercial operations.
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Old 04-20-2010, 08:26 PM
 
Location: Minneapolis
146 posts, read 192,960 times
Reputation: 117
Happy 420 everyone!
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Old 04-26-2010, 10:34 PM
 
Location: Minneapolis
146 posts, read 192,960 times
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Here is the reply regarding people growing at home that I got from taxcannabis.org
Quote:
This bill requires that
every locality in California allow their residents at least one ounce of
marijuana (along with anything you've grown which exceeds the ounce
limit) and at least a 25 square foot growing space in Section 11300(a)
but mandates that every local government has the power to expand the
amount to be possessed or grown to whatever they want in 11301(L).
This is similar to California's medical marijuana laws which require
each county allow at least six mature plants but counties such as
Santa Cruz have expanded that limit to as high as 99 plants. So while
minimum guidelines mandated by the state are generally unwanted for
most issues, these minimum guidelines expand liberty which the
California government has unjustly taken (the California government
made marijuana illegal two decades before the Feds) from us and then
allows the local governments to go further but requires they allow at least some legal marijuana in their locality.
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Old 04-27-2010, 08:21 AM
 
Location: On the "Left Coast", somewhere in "the Land of Fruits & Nuts"
8,367 posts, read 8,591,960 times
Reputation: 5919
Quote:
Originally Posted by keroppininja View Post
Here is the reply regarding people growing at home that I got from taxcannabis.org

....requires that every locality in California allow their residents at least one ounce of marijuana (along with anything you've grown which exceeds the ounce limit) and at least a 25 square foot growing space in Section 11300(a) but mandates that every local government has the power to expand the amount to be possessed or grown to whatever they want in 11301(L).
Understood, and thanks alot for inquiring, and for helping clarify that!!
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