Posted on

can i grow marijuana in california legally

The Cannifornian website has a great tool for quick reference to the ordinances in all California cities: Local Cannabis Laws Database. County information can be found at the California State Association of Counties and the CanniBusinessLaw website.

You can grow your own, up to six plants under state law. Cities and counties may imposes specific requirements on growing plants such as ventilation, limits on wattage used, and the like. Landlords may prohibit cultivation in your lease, as noted above. Some cities, including Galt, Rancho Cordova, and Citrus Heights, require express written permission from the landlord.

Patients with a medical recommendation can still grow plants as needed and purchase products for their own medicinal use. A medical marijuana ID card entitles you to purchase without paying tax. Note that not all dispensaries sell to people under 21, even with a doctor’s recommendation.

Local rules on dispensaries and businesses

Unlicensed adults can give cannabis products as a gift, but unlicensed marijuana sale is still illegal even between individuals.

City of Sacramento No more than 6 marijuana plants, regardless of number of occupants; must be in a single, locked room or structure (Sacramento City Code § 8.132.040) Sacramento County No more than 6 marijuana plants, regardless of number of occupants; must be in a single, locked room or structure (Sacramento County Code § 6.88.050) Citrus Heights Medicinal: limited to 50 square feet and 300 cubic feet inside a residence, 100 square feet and 600 cubic feet in a secure structure on residential property (Citrus Heights Code of Ordinances § 50-702) Recreational: up to 6 marijuana plants (Citrus Heights Code of Ordinances § 50-802) Elk Grove No more than 6 marijuana plants (Elk Grove Municipal Code § 23.83) Folsom No more than 6 marijuana plants, limited to 50 square feet and 10 feet in height (Folsom Municipal Code § 17.114.040) Permit required (Folsom Municipal Code § 17.114.050) Galt No more than 6 marijuana plants (Galt Municipal Code § 18.58.030) Rancho Cordova No more than 6 marijuana plants; city imposes registration requirement and tax (Rancho Cordova Municipal Code §§ 6.90.030, 3.85)

All cities in Sacramento County, as well as unincorporated areas, ban outdoor growing of marijuana. Growing indoors for personal use is restricted to personal residences, with different limits and regulations in different areas. Here’s a quick summary of the quantities permitted in different cities as of May 2021:

Local rules on cultivation for personal use

Marijuana use, possession, and distribution is still illegal under federal law. 21 U.S.C. § 801 et seq. This complicates many aspects of the business, including leasing property, banking and complying with tax law, in addition to the potential for prosecution.

You can also order delivery service. Technically, local governments may forbid delivery in their jurisdiction, although that is under dispute and you may find services willing to deliver in your area even if it’s nominally banned.

Can i grow marijuana in california legally

What may medical marijuana patients and primary caregivers legally do?

Adults who exceed these amounts of recreational cannabis can be charged with a misdemeanor and punished by up to 6 months in county jail and/or a fine of up to $500.

You are a “primary caregiver” if you are:

8. What are the medical marijuana laws?

Penalties under federal law

Marijuana is still illegal under federal law

1. Is marijuana possession for personal use legal in California?

Medical marijuana dispensaries

We do not anticipate federal prosecutors in California going after people who use or possess marijuana in accordance with California and local government regulations. We do, however, caution people to understand and comply with those laws, including restrictions on the use of marijuana at work.

Can i grow marijuana in california legally

The crime is punishable by:

For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group for a free consultation. Our law office creates attorney-client relationships throughout the state, including Los Angeles, Santa Ana, Orange County, Long Beach, San Bernardino, Beverly Hills, Riverside, Pasadena, Glendale, and more.

5. Are there defenses to accusations of unlawful cultivation?

Examples

Felony penalties are punishable by:

For additional help…

any marijuana or any part thereof. 4