The U.S. is moving closer and closer to a nationwide acceptance of marijuana. Even though multiple states are still against the idea of using a controlled substance to any degree, most states have realized the benefits of the legal use of cannabis. This realization has led to the state-wide legalization of marijuana in controlled degrees across more than 30 states. While some states like Arkansas, Florida, and Oklahoma only allow the use of cannabis for medical purposes, states like California, Illinois, and Massachusetts, allow the use of marijuana for both recreational and medical use.
However, legislation allowing states and particularly consumers, to grow their own cannabis is a completely different case.
Different states allow it to different degrees, even in cultivation laws. For example, while some only allow the cultivation of medical marijuana by MMJ cardholders, others only allow licensed cultivators to take such a charge.
California, however, is one of the few U.S. states that has legalized the cultivation of marijuana for both medical and recreational purposes.
California Marijuana Cultivation and Manufacturing
California allows citizens above the age of 21 to plant, cultivate and harvest marijuana at their residence. With the legalization of marijuana in the state in 2016, the citizens got the right to possess, grow, consume, and transport (locally) marijuana for personal use.
However, even with the changes in the legislation, there are still limitations binding the citizens from going overboard in their cultivation or indulging in the act before they reach legal age.
As per the Adult Use of Marijuana Act (Proposition 64), here are some details that every cannabis enthusiast wanting to grow their own weed should be aware of.
- Citizens must be at least 21 years old to grow cannabis at their residence.
- Minor patients cannot take charge of growing their own cannabis. In this case, the caregivers can grow cannabis for them.
- A consumer can grow six mature cannabis plants, but the state penalizes anything more than that.
- The growing limit is exceeded for medical marijuana patients who have applied for 420 evaluations online. While only allowed to grow six mature plants, patients or caregivers can grow up to 12 immature plants.
- If the need of the medical marijuana patient exceeds the legal growing limit of 6 mature and 12 immature plants, they can grow the required amount as long as they have a doctor’s recommendation. A patient can get that after applying for a medical marijuana card online.
- Unlike some other states that allow a larger recreational limit for multiple marijuana users in a family, a couple in a California residence can only grow up to 6 plants.
- Cultivators must grow and cultivate their harvest away from the public eye and have easy access to minors. This means that the plants should be grown indoors and in a locked space.
- Only a patient of legal age, their caregivers, or members of the medical marijuana collective can legally grow more than six mature plants.
- Even with the legal right to grow your own cannabis, it is still illegal to indulge in its sales without a state license. As per the Health and Safety code 11360 HS, growers cannot sell, give away, import into the state, or transport any amount of weed for sale.
Proposition 64 has opened new gateways for marijuana users, allowing them the freedom to grow their own required doses of weed. However, the present laws aren’t to be bargained with, and the inability of users to follow through with them can lead to some legal charges.
Penalties for Going Beyond Legal Limit
As per the Health and Safety Code 11358 HS, the penalties for growing more than what is legally justified or growing as a minor have been clearly stated to avoid confusion.
- Those under the age of 18, in other words, minors, who plant, cultivate, harvest, dry, or process marijuana, are required to attend counseling and perform community service.
- Any person between 18 and 21 who grows or cultivates six or fewer cannabis plants is guilty of an infraction and is subjected to a maximum fine of $100.
- Any person above the age of 18 who grows, cultivates, dries, or processes more than six mature plants shall be imprisoned for a maximum of five months or pay a fine of $500 or both.
- Following the previous penalty, if a person (18 or above) has been previously convicted of other crimes specified in Section 667, an offense requiring registration under Section 290, has two or more prior convictions or has violated Water, Fish, and Game and Penal Codes.
The laws are in place to help cannabis users navigate their journey better. However, the current setup allows all legal citizens to grow and consume marijuana at their own discretion, with some limitations. These restrictions are necessary to ensure that no consumer goes overboard in their consumption or indulges in transactions that aren’t justified.