Laws On Clones

[hamptonharoldiii]

I use my own clones and need to know if there in the cloner and not in soil do they count towards the 12 plants I'm allowed to have?

[LongHairBri]

INTENT is going to be police policy. you intend for it to be a plant, it's a plant.

 

You don't want to be the test-case do you?

[ozzrokk]

Just remember that even if it doesnt have a root YET it soon will.

[Budz-4-U]

Seeds are not an issue. Stems are not an issue. Clones are already living and breathing. They are alive, and should sprout roots.

 

Safest way to look at it: A clone is a plant. Need more plants ? Get another Patient..... or two.

 

I understand. If you have some mother plants, some clones, clones that have roots, and some at different stages of veg, and some at different stages of flowering, you need more numbers.

[The Digital Nomad]

Also - Michigan views drugs as possession, manufacturing, and delivery.

If you take a cutting and place it in a cube, and place it in a humidity dome - you have committed the overt acts to 'manufacturing marijuana' - you intend to create a plant.

 

If that same cutting was laying in the trash, in the refrigerator (could be trim!), laying on the floor - those are all varying degrees of possession. Like Budz4u said - the MMMAct allows for Stems and Seeds (like it was waste material and it is!) - it will not count toward useable material or manufacturing. BTW - take those same seeds, and plant one each in a cup, place in a humidity dome under light - thats one count of manufacturing of marijuana.

 

So - cloner or soil - you are 'manufacturing' marijuana - each cutting is one count of the crime. You are protected for up to 12 plants, or 12 intents to manufacture only.

DN

[lawyercaregiver]

Guess what happens if you have 13 plants?

 

That is right! You get 1 count of felony manufacturing.....Go to the head of the class and pick up your get out of jail free card.

 

I am not sure if I agree with the whole intent thing- if you intend it to be a plant it is a plant. What? This issue has not been decided in Michigan but under federal law anything with roots is a plant.

 

I have read of cases where LEO actually left the clones in place for a few days after the bust just so they would grow roots....be safe...

[+Green Cross]

Guess what happens if you have 13 plants?

 

Well, if you only have one card you're over-limit, sir, so bring me your spare... pt-2-pt-noncomp of course... teehee.

[Croppled1]

Note to self ! New rule 11 plants is my limit . Pray my law enforcment is reasonable incase of a mistake like raising seed and a few fall and germinate when I am to sick to get to my room for a few days . It happens can't see how that should be a felony for someone . Patients should have a further buffer from felony arrest . We really need the non interupted supply and quanitities which are difficult for many to obtain and impossible to afford . We have to grow our own . I still am amazed people think their is profit in this with 60% + of MIchigan patients either total and permenently disabled or unemployed .

 

California is more liberal in their participants , income demographics , and they have 1 million plus legal medical patients there not 100,000 . Plus a more ltolerent political environment . Though a few people that were not born there might not agree with that last statement in certain counties . One patient claimed here they called his trim clones . Allot of Leo's wouldnt know the difference seriously . Usually everyone doubts patients figuring they must of done something wrong . It is sad we really do need more protections the stakes are so high for some who can not tolerate arrest . There are people out there with bad spines that hurt just being in and traveling in cars or planes . They look fine but if they walk more then a few blocks a day they have to lay in a chair with back and neck support for hours to calm down their nervous systems and be normal . There are things worse then death which will get all of us in time .I am sure there are allot of horrendus conditons I have never heard of which cannabis also helps relieve some of the physical or mental suffering .

[nexplosion]

Leave no room for doubt 12 and under only. I like the idea of being even a few under, its a nice buffer.

[lawyercaregiver]

Note to self ! New rule 11 plants is my limit . Pray my law enforcment is reasonable incase of a mistake like raising seed and a few fall and germinate when I am to sick to get to my room for a few days . It happens can't see how that should be a felony for someone . Patients should have a further buffer from felony arrest . We really need the non interupted supply and quanitities which are difficult for many to obtain and impossible to afford . We have to grow our own . I still am amazed people think their is profit in this with 60% + of MIchigan patients either total and permenently disabled or unemployed .

 

California is more liberal in their participants , income demographics , and they have 1 million plus legal medical patients there not 100,000 . Plus a more ltolerent political environment . Though a few people that were not born there might not agree with that last statement in certain counties . One patient claimed here they called his trim clones . Allot of Leo's wouldnt know the difference seriously . Usually everyone doubts patients figuring they must of done something wrong . It is sad we really do need more protections the stakes are so high for some who can not tolerate arrest . There are people out there with bad spines that hurt just being in and traveling in cars or planes . They look fine but if they walk more then a few blocks a day they have to lay in a chair with back and neck support for hours to calm down their nervous systems and be normal . There are things worse then death which will get all of us in time .I am sure there are allot of horrendus conditons I have never heard of which cannabis also helps relieve some of the physical or mental suffering .

 

Actually this was written into the law but the COA has ignored this also. Section 8 clearly was written for some of the hypotheticals here. If your 1 plant over, or 2, then you should be able to use the affirmative defense:

 

"2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition....."

 

Of course the COA has ruled somewhere that you have to have met the requirements for section 4 to use section 8. Really incredible.

[mibrains]

sorry to bust your bubble, but from what i have observed.. if you have 13 plants its not 1 felony... its going to be 13. if you are found to not be in compliance with the act. it strikes the act as a legal defense. so all counts are inacted.

 

do not go over.

 

keep them locked up.

 

be safe.

 

the affirmative defense as it is written to use the amount of cannabis u need to sustain health, is as deep of a grey area as there is, and you had better have perfect records with doctors backing the use if u think for one second your gonna be able to raise that as a defense in court.

 

your honor i am allowed 13 plants because?

 

bottom line. if you intend to make a clone and start that process.... whether its clipped, air layered, or seed it is all about what they say you were doing. not even what you may have been intending, but the minute your outside the limits then the act is not allowed as a defense.. then you are facing the criminal courts with nothing but honor. good luck.

 

i am always 4-5 plants under my counts.

i always count the clone the minute i put the cube into the water to soak...

 

the thing is the act is a defense from prosecution. if your disallowed to use it because of a overage, then your in real definable, and tangible trouble....

if you can't to the time don't do the crime.

and it is a crime

a very politically charged crime that carries a huge message

 

good luck everyone

 

please be safe, and error on the side of caution.

 

PEACE

 

 

[Medcnman]

I agree on the "Intent" comments. However, when the State Police showed up at a friends door, they found he was allowed to posess 60 plants. He had 59 in bloom and 50 in his clone dome. To me that equals 109 plants. The State Trooper pulled one of the clones out of the dome, found there were no roots on it and actually stuck it back in the rockwool. The second Trooper , a young guy, said "we have over a hundred plants here Sarge". The Sargent said "No, we have 59 plants and 50 stems, he is within his legal limits on plants, and the stems represent the uninterrupted supply". My friend said he about fell over because he thought for sure he was goin to jail. And so did I. I personally would not gamble on the chance that an officer will interpret your clones that way. Mind you, this was 4 months after the inception of the law in 2008. If your allowed a certain number of plants, I would definantly include any clones in that number. Especially these days!!!! Medcnman.

[chi_guy]

Also important to note that harvested plants that are hanging are also still considered part of your plant count by some leo