How to Grow Pot Legally in California
Following Prop 64, growing pot became legal in California. But there are laws in place to limit and manage cultivation of cannabis products. The regulations are designed to ensure that people are growing responsibly and not harming the environment.
Here are some key facts to know about growing marijuana:
- You cannot grow pot under the age of 21. Being caught growing under the age of 21 can result in a fine up to $100 or drug counseling and community service for those under 18.
- You cannot grow more than six cannabis plants at one time. According to CA Health and Safety Code section 11358, growing more than six plants can result in six months of jail time, a fine of $500, or both.
- Growing more than six plants, being a repeat offender, or violating certain environmental standards is a felony, rather than a misdemeanor. If you are caught more than twice, or violate environmental codes listed in California Heal and Safety Code section 11358 (illegal diversion of water, harm to public lands, etc.), the punishment is more severe.
- Possession laws apply when transporting the plant away from your home, you may not carry more than an ounce.
California citizens now have a right to grow marijuana. But there are laws in place to limit its cultivation, namely the cap at six plants. Six plants, however, can yield a lot of pot, much more than the legal possession limit, and growers must be careful to limit the amount carried at any time to one ounce. You may have more than an ounce at your home (where you grow it), but nowhere else. So while marijuana may now be grown legally, it should also be done responsibly and growers should know the limits.
About Pat Ford
Pat Ford is a criminal defense lawyer in San Diego who works on appeals in some of the most difficult cases around the state. He has a great record for success and integrity. Pat has also published a criminal case law digest since 1984 that's used by judges and lawyers around the state. He also speaks and writes articles for criminal lawyers as well as consumers interested in the law. The consumer-related articles are intended to be informative but do not constitute legal advice.
Case of the Day
The case of the day summarizes a current case and is viewed by lawyers and judges around the state every day.
Geofence search warrants were impermissibly overbroad and violated the particularity requirement of the Fourth Amendment but the good faith exception applied and suppression was not required.Defendants were identified as murder suspects after a geofence search warrant directed to Google revealed cell phones signed in to Google accounts connected to them were in several of the same locations as the victim on the day of the murder. The geofence warrants complied with the California Electronic Communications Privacy Act of 2016 (Cal ECPA) but they violated the particularity requirement of the Fourth Amendment and were impermissibly overbroad as the warrants placed no meaningful restrictions on the police search. However, suppression of the evidence was not required where the officers reasonably relied on the new geofence warrant in good faith.id: 27850