Cannabis regulations have been a major issue of debate in California for more than a century. Cannabis was first produced for recreational purposes in California during the Gold Rush in the early 1850s. A 1913 modification to the Poison Act of 1907 was the first legislation in California to outlaw the use of cannabis. Proposition 19, the first effort to legalize cannabis usage in California, was defeated by voters and legislators in 1972.
Proposition 215, commonly known as the Compassionate Usage Act, made cannabis use for medical purposes lawful in California in 1996. As a result, California became the first state to allow the use of cannabis for medical purposes with a doctor’s prescription. Proposition 64, which was passed in 2016, completely legalized recreational cannabis usage for individuals over the age of 21 in California. Does this, however, imply that you are permitted to cultivate cannabis at home in the state of California?
Proposition 64 is a constitutional amendment
On November 8th, 2016, California voters approved Proposition 64. The Control, Regulate, and Tax Adult Use of Marijuana Act is the entire name. This initiative establishes the rules for all cannabis-related activities in the state of California.
Adults aged 21 and up are allowed to possess and even produce small amounts of marijuana for recreational purposes under Proposition 64. Proposition 64 stipulates that when it comes to marijuana cultivation a person can grow up to six plants for recreational use per home, not per individual residing in the household, if they are 21 years old or older.
The patient is permitted to cultivate up to six mature plants or twelve immature plants if the cannabis is grown for therapeutic purposes. The patient can, however, develop more in accordance with his or her reasonable demands.
Cannabis plants must be cultivated in one’s own home. All plants must be completely hidden from public view. All plants must be kept in a secure location. If plants are cultivated outside, they must be kept in a safe location that is hidden from view.
What happens if I break these ground rules?
The California legislation that outlines the offense of illicit marijuana growing is Health and Safety Code (HS) 11358. Depending on the age of the individual cultivating the cannabis, the number of plants they are growing, and their past criminal history, penalties for breaking HS 11358 can range from an infraction to a felony conviction. Except as expressly allowed by law, anybody who grows, cultivates, harvests, dries, or processes cannabis plants, or any portion thereof, is subject to the following penalties:
- Planting, cultivating, harvesting, drying, or processing less than six live cannabis plants between the ages of 18 and 20 is a violation punishable by a fine of not more than one hundred dollars ($100).
- Anyone over the age of 18 who plants, cultivates, harvests, dries, or processes more than six living cannabis plants is guilty of a misdemeanor punishable by up to six months in a county jail and/or a fine of up to $500.
- Each individual over the age of 21 who produces or cultivates more than six marijuana plants can be prosecuted with a misdemeanor and sentenced to no more than six months in prison and/or a fine of up to $500.
Violations of HS 11358 can result in more serious repercussions. If a person is convicted of a felony offense, they can face up to three years in county jail and a maximum fine of $10,000 if they:
- The cultivator is a convicted sexual offender.
- Any violent offenses or crimes have been committed by the cultivator in the past.
- While cultivating cannabis, the person has broken numerous California environmental laws or ordinances.
- The individual cultivating has been convicted of cultivating more than the authorized limit of six plants on two or more occasions.
If you or a loved one has been charged with any drug-related charge, including improperly cultivating marijuana, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
