Wednesday, July 11, 2018

How Much Marijuana Can I Legally Grow in California?

Marijuana is now legal in California for medical and recreational use, but there are still plenty of ways to get into trouble if you don't understand the rules.  Police continue to make arrests, and prosecutors continue to file criminal charges when they catch people growing or possessing excessive amounts of cannabis.  The amount that may be considered "excessive" depends on the circumstances, though.

Since voters approved Prop. 64, individuals may grow up to 6 marijuana plants on a parcel of land.  The 6-plant rule applies to each piece of land, not to each adult who lives on the land.  For example, if 4 adults live together in one house, they may cultivate a total of 6 plants in the yard, not 24 plants.  They may give away small amounts to other adults, but they may not sell their crop or trade it for anything of value.

Local cities have specific rules about personal cultivation that may be more restrictive than the statewide rules.  Some cities, for instance, prohibit outdoor cultivation, or require that growers employ certain security measures.

If you are a qualified medical marijuana patient (you have a valid doctor's recommendation to use cannabis), then you may grow and possess as much as your doctor says you need to treat your condition.  Be very wary, though, of quack doctors who sell "99-plant recommendations" for an additional fee.  If you get caught growing 99 marijuana plants, you will be arrested.  If you plan to assert a medical defense, the doctor who wrote the recommendation must convincingly explain to the judge that he actually performed a good faith medical examination, and that he sincerely believes that you need 99 marijuana plants as medicine.  More likely, that doctor will simply testify that he has no recollection of meeting you (if he appears in court at all).

To cultivate marijuana commercially (for sale, or more than 6 plants on one piece of property), you must hold a license from the Bureau of Cannabis Control.  The BCC issues various types of cultivation licenses, depending on the size of the growing space and whether natural or artificial lights are used.

If you're interested in applying for a commercial cannabis license, or if you've been arrested for cultivating marijuana, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.

Thanks for reading.

Fullerton Marijuana Lawyer

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