Judge says constitution protects right to grow tomato plants, why not cannabis?

[DNAprotection]

The poll question got cut off, here is the entire question:
Do humans naturally hold the 'right' to plant seeds and grow plants in general for their own needs such as food, medicine, clothing etc?

This is an excerpt from a recent California judges ruling in a case challenging a local ordinance to restrict the number of outdoor plants a legally qualified patient can grow:

“Additionally, I want to address the analogy of growing tomatoes. Obviously an ordinance which declares growing more than X number of tomato plants outdoors in plain view to be a nuisance would be unconstitutional, That’s certain.
But I’ve never heard of a tomato gardener growing tomatoes for his or her own consumption being killed during a tomato robbery. Or of a tomato robber being killed in the act of stealing tomatoes.
Cultivation of marijuana is a crime, to begin with, just like cultivating cocoa plants or opium poppies.
However, unlike those offenses, and unlike growing tomatoes, or like growing tomatoes, rather, the people of this state have decided that there needs to be an exemption to this criminal statute to protect legitimate medical marijuana users.”

How does the judge reach this constitutional conclusion about tomato growing?

Why wouldn't the same consideration apply to growing cannabis or any other plant?

 

[Katzndogz]

I have definitely heard of the EPA cracking down on tomato growers who were selling or giving away tomatoes.

Try it with lemonade stands. You have this nice lemon tree and decide to sell lemonade at a lemonade stand in your own front yard. What result? We all know. It's done all the time.

Start growing some beautiful foxglove plants, or belladonna. No limit on those. But you harvest the leaves process them and sell them. Now what happens? Clue, it's the death penalty.

 

[DNAprotection]

I have definitely heard of the EPA cracking down on tomato growers who were selling or giving away tomatoes.

Try it with lemonade stands. You have this nice lemon tree and decide to sell lemonade at a lemonade stand in your own front yard. What result? We all know. It's done all the time.

Start growing some beautiful foxglove plants, or belladonna. No limit on those. But you harvest the leaves process them and sell them. Now what happens? Clue, it's the death penalty.

Maybe you missed the question...this question goes to your own use outside of commerce.

 

[slackjawed]

The unintended consequences of trying to legalize marijuana through the "backdoor" medical marijuana laws, instead of working for the more honest outright legalization created this situation.

 

[Katzndogz]

I have definitely heard of the EPA cracking down on tomato growers who were selling or giving away tomatoes.

Try it with lemonade stands. You have this nice lemon tree and decide to sell lemonade at a lemonade stand in your own front yard. What result? We all know. It's done all the time.

Start growing some beautiful foxglove plants, or belladonna. No limit on those. But you harvest the leaves process them and sell them. Now what happens? Clue, it's the death penalty.

Maybe you missed the question...this question goes to your own use outside of commerce.

That might be because there is no such thing as having 200 pot plants for individual use. If you think about it, you can see the fallacy of someone being allowed to grow marijuana for their own use. Suppose pot was taxed, heavily taxed, the state needs the money. Every pot plant grown in someone's back yard is a count of tax evasion. If you share, its tax evasion. I know how it works in California where medical marijuana is legal. Home grown pot has to be given to (given understand what that means) a dispensary. It's illegal to sell or give it away. The dispensary sells it and collects the tax. Incidentally making a profit off the sales that they don't have to share back. That's why so many legitimate dispensaries are now cartel owned.

Home grown pot really won't keep people out of prison. It won't even reduce a sentence. It just won't be breaking marijuana laws, it will be for breaking tax laws.

 

[Skull Pilot]

I have definitely heard of the EPA cracking down on tomato growers who were selling or giving away tomatoes.

Try it with lemonade stands. You have this nice lemon tree and decide to sell lemonade at a lemonade stand in your own front yard. What result? We all know. It's done all the time.

Start growing some beautiful foxglove plants, or belladonna. No limit on those. But you harvest the leaves process them and sell them. Now what happens? Clue, it's the death penalty.

Maybe you missed the question...this question goes to your own use outside of commerce.

That might be because there is no such thing as having 200 pot plants for individual use. If you think about it, you can see the fallacy of someone being allowed to grow marijuana for their own use. Suppose pot was taxed, heavily taxed, the state needs the money. Every pot plant grown in someone's back yard is a count of tax evasion. If you share, its tax evasion. I know how it works in California where medical marijuana is legal. Home grown pot has to be given to (given understand what that means) a dispensary. It's illegal to sell or give it away. The dispensary sells it and collects the tax. Incidentally making a profit off the sales that they don't have to share back. That's why so many legitimate dispensaries are now cartel owned.

Home grown pot really won't keep people out of prison. It won't even reduce a sentence. It just won't be breaking marijuana laws, it will be for breaking tax laws.

The tax issue is not really true.

Alcohol is taxed yet people can and do make beer , wine and spirits for personal consumption because there is an exemption.

 

[slackjawed]

If I had 200 plants for my own use I would never smoke anything but the hash I made from the 200 plants.

 

[Katzndogz]

Maybe you missed the question...this question goes to your own use outside of commerce.

That might be because there is no such thing as having 200 pot plants for individual use. If you think about it, you can see the fallacy of someone being allowed to grow marijuana for their own use. Suppose pot was taxed, heavily taxed, the state needs the money. Every pot plant grown in someone's back yard is a count of tax evasion. If you share, its tax evasion. I know how it works in California where medical marijuana is legal. Home grown pot has to be given to (given understand what that means) a dispensary. It's illegal to sell or give it away. The dispensary sells it and collects the tax. Incidentally making a profit off the sales that they don't have to share back. That's why so many legitimate dispensaries are now cartel owned.

Home grown pot really won't keep people out of prison. It won't even reduce a sentence. It just won't be breaking marijuana laws, it will be for breaking tax laws.

The tax issue is not really true.

Alcohol is taxed yet people can and do make beer , wine and spirits for personal consumption because there is an exemption.

So you really think that people will be able to grow backyards of pot plants? Making beer, wine and spirits isn't easy, and making good alcohol products is even harder yet. It's also expensive. There is no comparison to pot growing.

 

[Skull Pilot]

That might be because there is no such thing as having 200 pot plants for individual use. If you think about it, you can see the fallacy of someone being allowed to grow marijuana for their own use. Suppose pot was taxed, heavily taxed, the state needs the money. Every pot plant grown in someone's back yard is a count of tax evasion. If you share, its tax evasion. I know how it works in California where medical marijuana is legal. Home grown pot has to be given to (given understand what that means) a dispensary. It's illegal to sell or give it away. The dispensary sells it and collects the tax. Incidentally making a profit off the sales that they don't have to share back. That's why so many legitimate dispensaries are now cartel owned.

Home grown pot really won't keep people out of prison. It won't even reduce a sentence. It just won't be breaking marijuana laws, it will be for breaking tax laws.

The tax issue is not really true.

Alcohol is taxed yet people can and do make beer , wine and spirits for personal consumption because there is an exemption.

So you really think that people will be able to grow backyards of pot plants? Making beer, wine and spirits isn't easy, and making good alcohol products is even harder yet. It's also expensive. There is no comparison to pot growing.

Actually it is pretty easy to make a good beer or wine at home. I've been doing it for years.

And if people want to grow pot I have no problem with it. I don't smoke pot but I don't really care if people do. it's one of the most benign drugs around.

 

[DNAprotection]

I have definitely heard of the EPA cracking down on tomato growers who were selling or giving away tomatoes.

Try it with lemonade stands. You have this nice lemon tree and decide to sell lemonade at a lemonade stand in your own front yard. What result? We all know. It's done all the time.

Start growing some beautiful foxglove plants, or belladonna. No limit on those. But you harvest the leaves process them and sell them. Now what happens? Clue, it's the death penalty.

Maybe you missed the question...this question goes to your own use outside of commerce.

That might be because there is no such thing as having 200 pot plants for individual use. If you think about it, you can see the fallacy of someone being allowed to grow marijuana for their own use. Suppose pot was taxed, heavily taxed, the state needs the money. Every pot plant grown in someone's back yard is a count of tax evasion. If you share, its tax evasion. I know how it works in California where medical marijuana is legal. Home grown pot has to be given to (given understand what that means) a dispensary. It's illegal to sell or give it away. The dispensary sells it and collects the tax. Incidentally making a profit off the sales that they don't have to share back. That's why so many legitimate dispensaries are now cartel owned.

Home grown pot really won't keep people out of prison. It won't even reduce a sentence. It just won't be breaking marijuana laws, it will be for breaking tax laws.

You are quite wrong and when I return with more time I will give you a first hand explanation

 

[DNAprotection]

The unintended consequences of trying to legalize marijuana through the "backdoor" medical marijuana laws, instead of working for the more honest outright legalization created this situation.

You are exactly correct imo and I can give you a first hand history of how that path came to be when I get back here with more time...but I can tell you first hand that some of us were fighting for the fundamental rights back in those days and some of us weren't and still aren't and the consequences (that were predicted by some) will eventually be felt by all people, not just those who would grow cannabis.

 

[OKTexas]

I have definitely heard of the EPA cracking down on tomato growers who were selling or giving away tomatoes.

Try it with lemonade stands. You have this nice lemon tree and decide to sell lemonade at a lemonade stand in your own front yard. What result? We all know. It's done all the time.

Start growing some beautiful foxglove plants, or belladonna. No limit on those. But you harvest the leaves process them and sell them. Now what happens? Clue, it's the death penalty.

Maybe you missed the question...this question goes to your own use outside of commerce.

Even though I disagree with the decision, SCOTUS has already ruled on the subject and stated you do not have the right to grow an illegal plant for your own consumption.

http://en.wikipedia.org/wiki/Gonzales_v._Raich

 

[bucs90]

I've said this a thouand times.

I've never smoked weed once in my life. I spent many years working in law enforcement.

AND THERE IS ABSOLUTELY NO LOGICAL REASON FOR WEED TO BE ILLEGAL.

Not one. In years of my job, I never once remember someone fighting because they were too high. Drunks? Daily. I did go to murders over illegal weed sales. But never once over illegal alcohol sales. I never saw one cop get shot trying to shut down an illegal alcohol operation (Though during prohibition it happened all the time). I did see a cop get shot trying to shut down an illegal weed operation.

It is fucking insane to have the right to buy all the booze you want, all the cigarettes you want, all the guns you want, all the knives and ammo and porn and junk food you want........but not a joint of weed.

It is insane to say a person does not have the right to grow a weed plant in their house for self use. BUT, to be willing to "fight to the death" over the right to keep and use an AK47 at home. BOTH should be legal to have at home.

In most states, it is legal to drive around with a fully loaded shotgun or .45 cal pistol in your front center console. But not a rolled up plant.

If weed were legalized, I wouldnt smoke it. For the same reason I dont smoke tobacco, or drink liquor. Its just not for me.

But cops are being shot trying to enforce a stupid law. Innocent people are being killed in fights over a stupid law. People's lives are being ruined or seriously damaged because of a stupid law. When I worked patrol, like many of my peers, we treated weed in practice just like alcohol. If you are smoking while driving, you go to jail. If you smoke on your front porch, and are not a dickhead to us, we ignore it. I told people to flush it or toss it 10X more than I took it, and the ones who got charged almost always got charged from being a rude asshole when someone was trying to cut them a break.

Any politicians, or person in general, who argues weed should be illegal is just plain wrong.

 

[Luissa]

That might be because there is no such thing as having 200 pot plants for individual use. If you think about it, you can see the fallacy of someone being allowed to grow marijuana for their own use. Suppose pot was taxed, heavily taxed, the state needs the money. Every pot plant grown in someone's back yard is a count of tax evasion. If you share, its tax evasion. I know how it works in California where medical marijuana is legal. Home grown pot has to be given to (given understand what that means) a dispensary. It's illegal to sell or give it away. The dispensary sells it and collects the tax. Incidentally making a profit off the sales that they don't have to share back. That's why so many legitimate dispensaries are now cartel owned.

Home grown pot really won't keep people out of prison. It won't even reduce a sentence. It just won't be breaking marijuana laws, it will be for breaking tax laws.

The tax issue is not really true.

Alcohol is taxed yet people can and do make beer , wine and spirits for personal consumption because there is an exemption.

So you really think that people will be able to grow backyards of pot plants? Making beer, wine and spirits isn't easy, and making good alcohol products is even harder yet. It's also expensive. There is no comparison to pot growing.

In many areas you can't grow pot in your backyard, and it is quite expensive to grow in doors if you want to do it right. Either way why does cost matter?

 

[Skull Pilot]

I've said this a thouand times.

I've never smoked weed once in my life. I spent many years working in law enforcement.

AND THERE IS ABSOLUTELY NO LOGICAL REASON FOR WEED TO BE ILLEGAL.

It's called federal money and equipment for the "war" on drugs.

 

[BlindBoo]

I believe it is a natural right. Unfortunantly, the nanny statist have taken it upon themselves to try and curb that right. They have succeeded in ruining the lives of a lot of otherwise law biding citizens. But the prison industry is booming as is the Drug testing business. Police departments are profiteers of the drug war and the drug lords...well....."Say Hello to my little friend"!

[ame=http://www.youtube.com/watch?v=TVKPzmR1gds]SCARFACE -- "LITTLE FRIEND" - YouTube[/ame]

 

[g5000]

I have definitely heard of the EPA cracking down on tomato growers who were selling or giving away tomatoes.

Try it with lemonade stands. You have this nice lemon tree and decide to sell lemonade at a lemonade stand in your own front yard. What result? We all know. It's done all the time.

Start growing some beautiful foxglove plants, or belladonna. No limit on those. But you harvest the leaves process them and sell them. Now what happens? Clue, it's the death penalty.

Maybe you missed the question...this question goes to your own use outside of commerce.

Even though I disagree with the decision, SCOTUS has already ruled on the subject and stated you do not have the right to grow an illegal plant for your own consumption.

http://en.wikipedia.org/wiki/Gonzales_v._Raich

The Supreme Court used the commerce clause to justify this decision, claiming personal consumption magically affects interstate commerce and therefore all marijuana everywhere in the US falls under federal jurisdiction.

So how come growing tomatoes for your own consumption doesn't?

 

[C_Clayton_Jones]

Maybe you missed the question...this question goes to your own use outside of commerce.

Even though I disagree with the decision, SCOTUS has already ruled on the subject and stated you do not have the right to grow an illegal plant for your own consumption.

http://en.wikipedia.org/wiki/Gonzales_v._Raich

The Supreme Court used the commerce clause to justify this decision, claiming personal consumption magically affects interstate commerce and therefore all marijuana everywhere in the US falls under federal jurisdiction.

So how come growing tomatoes for your own consumption doesn't?

Well, if someone like the OP would provide a link to the ruling, we’d find out.

 

[Katzndogz]

Maybe you missed the question...this question goes to your own use outside of commerce.

Even though I disagree with the decision, SCOTUS has already ruled on the subject and stated you do not have the right to grow an illegal plant for your own consumption.

http://en.wikipedia.org/wiki/Gonzales_v._Raich

The Supreme Court used the commerce clause to justify this decision, claiming personal consumption magically affects interstate commerce and therefore all marijuana everywhere in the US falls under federal jurisdiction.

So how come growing tomatoes for your own consumption doesn't?

No one has decided to go after tomato growers. They can easily enough.

 

[g5000]

Even though I disagree with the decision, SCOTUS has already ruled on the subject and stated you do not have the right to grow an illegal plant for your own consumption.

http://en.wikipedia.org/wiki/Gonzales_v._Raich

The Supreme Court used the commerce clause to justify this decision, claiming personal consumption magically affects interstate commerce and therefore all marijuana everywhere in the US falls under federal jurisdiction.

So how come growing tomatoes for your own consumption doesn't?

Well, if someone like the OP would provide a link to the ruling, we’d find out.

Hm.

When I search on the quoted parts in the OP, Google just returns this topic.