After Proposition 64, adults aged 21 and above can grow up to 6 plants for personal use. Six plants is the limit, regardless of their stage of growth or whether or not they are flowering. Plants need to be kept on your own property and should be kept out of sight from passersby. Growing marijuana could be further restricted by local ordinance, with some localities restricting cultivation to indoors only.
California became the first state to provide for medical marijuana exceptions for patients and their primary caregivers. The Medical Marijuana Program Act allowed patients and primary caregivers to legally use, possess, and cultivate cannabis for medical purposes. Now with the legalization of recreational marijuana, the laws surrounding recreational and medical marijuana may be more confusing.
Cultivation of Marijuana
Anyone who plants, cultivates, harvests, dries or processes more than 6 living plants shall be punished by imprisonment in a county jail for up to 6 months, and face a fine of up to $500. Anyone under the age of 21 but over 18 who plants, cultivates, harvest, dries or processes not more than 6 living plants shall be punished by imprisonment in a county jail for up to 6 months, and face a fine of up to $500.
Medical Marijuana Cultivation
Prop. 215, which legalized medical marijuana, has a different plant limit than the recommended Senate Bill guidelines. Even these limits can vary by city or county. Under Prop. 215, patients are entitled to whatever amount of marijuana is necessary for their personal use. However, the police may still arrest someone for exceeding the state guidelines. Patients can’t be prosecuted simply for exceeding the limits, however, they may still be arrested and have to defend themselves.
Adults age 21 and older may now possess up to one (1) ounce of dried marijuana or eight (8) grams of concentrated cannabis under California law. They may also grow up to six (6) plants for their personal use, subject to certain restrictions.
1. Is marijuana possession for personal use legal in California?
Sentences for violating California Health and Safety Code 11361 are served in California state prison, rather than county jail.
6. What are the laws for concentrated cannabis?
The U.S. Department of Housing and Urban Development (“HUD”) allows local housing authorities to set their own policies on marijuana use. 29
California law says that some criminal convictions will cause a defendant to lose:
Since Proposition 64, it has been legal to grow marijuana for recreational use. This is provided that both of the following are true:
An expungement frees a defendant from many of the hardships associated with a criminal conviction. 8
5.3. Unlawful search and seizure
The following restrictions also apply:
After the legalization of marijuana in California in 2018, adults age 21 and over can possess:
2.3. Re sentencing under Proposition 64
Under the CUA, the following people can legally grow hash for medicinal use:
A defendant can beat a charge under this statute with a legal defense. Common defenses include: