Drug Crimes, Substance Abuse Ordinance

JD858 said:
What does this ordinance mean in regards to medicinal patients? Mainly the cultivation aspect.
Click to expand...

You seem to be asking us to read an eleven page PDF and explain it to you, which is ridiculously unreasonable. Have you read it? It's all written in rather plain English. Is there something in particular you don't understand?
 
Section 4 17.04.514 first paragraph

Does this mean that a qualified patient with an identification card is able to grow or not within Poway city limits?
 
Marijuana cultivation shall not include the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof by any "qualified patient," or "person with an identification card," as those terms are defined in California Health and Safety Code Section 11362.7

Your answer is right there. So long as the patient and ID card are as defined in HS 11362.7 the cultivation is allowed, however there may be other sections within the ordinance that limit the number of plants and the manner in which they are grown.
 
Thank you very much. The CUA allows you to grow 6 mature/12 immature or as many plants as your doctors feels is necessary

WHEREAS, the City Council is mindful of the needs of medical marijuana patients and has developed this Ordinance in a manner that does not interfere with a patient' s ability to produce his or her own medical marijuana or to obtain medical marijuana from a primary caregiver or as otherwise allowed under the Compassionate Use Act (CUA) and the Medical Marijuana Program ( MMP);
 
JD858 said:
Section 4 17.04.514 first paragraph

Does this mean that a qualified patient with an identification card is able to grow or not within Poway city limits?
Click to expand...

mightymoose said:
Marijuana cultivation shall not include the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof by any "qualified patient," or "person with an identification card," as those terms are defined in California Health and Safety Code Section 11362.7

Your answer is right there.
Click to expand...

No, your answer is not right there.

The linked document is an ordinance that amended certain sections of the Poway Municipal Code. The referenced section 17.04.514 is nothing but a bunch of definitions in Title 17 of the Municipal Code, which the portion of the Municipal Code relating to zoning.

Trying to deduce what is and isn't allowed based solely on a definitional section would be beyond foolish. Determining whether "a qualified patient with an identification card is [or is not legally permitted] to grow . . . within Poway city limits" will require reviewing all of the relevant portions of the Municipal Code (as well as applicable statue statutes), not merely a definitional section.
 
Just know that there are a lot of bogus ID cards out there that mean absolutely nothing. If in compliance with the HS code it should be good.
 
It's my understanding that Ordinance 808 was an extension of the previous Ordinance. All of the wording is the exact same as the previous Ordinance aside from the dates which it is in affect.
 
It is clear your local ordinance permits people with certain credentials to grow marijuana in the city. Again, if your credentials comply with the H&S code listed you will be ok, but you also need to be aware of other potential restrictions regarding the number of plants and the location and manner in which they are grown. Too many plants or other violations can make your otherwise legitimate grow operation an illegal one.
 

Share this page

Get a free case review from a lawyer
Back
Top