GROWING MARIJUANA IN CALIFORNIA - THE NEW RULES 2018
What are you allowed to do with marijuana in California under the new lasw?
What am I legal to do now with cannabis in California?
• Possess, transport, obtain or give away to other adults 21 or older no more than one oz of cannabis or 8 grams of concentrated cannabis.
• Cultivate up to six plants per residence and possess the cannabis produced by these plants (subject to "reasonable regulations" by local governments).
How can I get a license to cultivate or sell cannabis now that Proposition 64 has passed?
Those won't be issued until 2018, until a bureau can be set up to issue regulations and applications. See general information about starting cannabis businesses.
We expect a reconciliation bill with the existing medical cannabis licensing bureau. You can contact them and get on their mailing list here. You should employ an lawyer and also start working on gaining local support, because locals will have to license retail shops and cultivators, or at least not ban them.
When and where can I cultivate my six plants, and how can I get clones or seeds to cultivate cannabis now that it's legal?
You can cultivate your six plants per parcel of land at your residence now, subject to "reasonable regulations" by local governments, which may also ban outdoor cultivation. A great many locals have already banned outdoor cannabis cultivation, and others are moving to ban or adopt regulations in the wake of Proposition 64.
We expect litigation over what a "reasonable regulation" is.
A legal mechanism for buying seeds or clones for recreational users won't be in place until licensing for commercial cannabis businesses happens in 2018. In the meantime, it's legal for people to give away under an oz. of cannabis, so a medical cannabis patient could give you some seeds or clones. Some giveaways might be arranged, as have happened in DC. In no case are seeds or clones legal to cross state lines.
How much cannabis can I cultivate for my personal use?
Everyone can cultivate 6 plants at their residence (the limit is per residence, not per person). Local may ban outdoor cultivation, and "reasonably regulate" indoor cultivation, which must be in a residence or secure location.
Medical patients can still cultivate whatever they need, provided local zoning regulations permit it.
American Canyon - NAPA
Anderson - SHASTA
Antioch - CONTRA COSTA
Arvin - KERN
Berkeley - ALAMEDA
Blue Lake - HUMBOLDT
Brea - ORANGE
Buena Park - ORANGE
Burlingame - SAN MATEO
Calistoga - NAPA
Camarillo - VENTURA
Campbell - SANTA CLARA
Canyon Lake - RIVERSIDE
Cathedral City - RIVERSIDE
City of Industry - LOS ANGELES
Clovis - FRESNO
Colton - SAN BERNARDINO
Compton - LOS ANGELES
Cupertino - SANTA CLARA
Davis - YOLO
El Cajon - SAN DIEGO
Fillmore - VENTURA
Foster City - SAN MATEO
Hayward - ALAMEDA
Healdsburg - SONOMA
Hemet - RIVERSIDE
Imperial Beach - SAN DIEGO
Kern County - KERN
Kings County - KINGS
Lemon Grove - SAN DIEGO
Los Banos - MERCED
Madera County - MADERA
Martinez - CONTRA COSTA
Marin County - MARIN
Montebello LOS ANGELES
National City SAN DIEGO
Novato - MARIN
Ontario - SAN BERNARDINO
Palo Alto - SANTA CLARA
Petaluma - SONOMA
Pismo - SAN LUIS OBISPO
Placerville - EL DORADO
Poway - SAN DIEGO
Redondo Beach - LOS ANGELES
Riverside (City) - RIVERSIDE
San Bruno - SAN MATEO
San Diego - SAN DIEGO
San Jacinto - RIVERSIDE
San Jose - SANTA CLARA
San Juan Capistrano - ORANGE
San Marcos - SAN DIEGO
San Mateo (City) - SAN MATEO
San Mateo (County) - SAN MATEO
Santa Barbara - SANTA BARBARA
Santa Cruz - SANTA CRUZ
Santee - SAN DIEGO
Shasta Lake - SHASTA
Sierra County - SIERRA
Simi Valley - VENTURA
Solano County - SOLANO
Sonoma (City) - SONOMA
South Pasadena - LOS ANGELES
Tehachapi - KERN
Tuolumne - TUOLUMNE
Walnut Creek - CONTRA COSTA
West Sacramento - YOLO
Windsor - SONOMA
Woodland - YOLO
NOT TAKING ACTION
Atascadero - SLO
Eureka - HUMBOLDT
Sac County - SACRAMENTO
Stanislaus County - STANISLAUS
Can I legally cultivate cannabis to sell?
Only if you have a license.
"Primary caregivers" are protected from criminal prosecution under state law for personal possession and cultivation of cannabis, but NOT for distribution or sale to others.
"cooperatives" or "collectives" to cultivate, distribute and/or sell medical cannabis on a non-profit basis to their members. It also allowed duly designated primary caregivers who consistently attend to patients' needs and collective members to charge for their labor and services in providing cannabis.
Rules and regulations MCRSA for commercial cultivators and support services for 2018
State licenses to cultivate cannabis for recreational wil be issued in 2018, contact is here.
How can I cultivate medical cannabis collectively with or for other patients, or open a patient cooperative or delivery service?
Is it OK to sell medical cannabis on Craigslist?
Do I need an ID card?
They are voluntary, but may protect you better from arrest if you cultivate more than 6 plants, provided that you can prove medically that you need that quantity, and there is are sizable tax breaks if you buy at a dispensary. Read more.
Can I take my home cultivating cannabis to another state?
No, but you are free to take it anywhere in California, up to 1 oz and 1/8 oz concentrate, Kief, hash, tincture or other.
If I make hashish from my home-cultivate, am I still legal?
Yes, but you are not allowed to make BHO or butane hash oil because the solvent is flammable.
The concentrate techniques cannot involve hazardous and toxic materials.
Can I cultivate cannabis while on probation or parole?
Yes, unless the judge specifies that you cannot under the terms of your probation, which you may appeal. You can request that the judge affirm your use of medical cannabis or modify the terms of your probation to allow medical cannabis use.
Can I cultivate or use cannabis with children in the house?
There is nothing in state law against this. However it's advised to keep your medical cannabis away from children. Make sure that you don't leave edibles around where kids can get them, and keep gardens away from where they play. Butane hash-making equipment and chemicals seem to be a red flag for authorities when it comes to children.
In weird cases Child Protective Services can become involved, mostly in cases with large plant numbers, evidence of sales, neglect, or messy divorce proceedings. CPS generally is not understanding about cannabis and can always allege child endangerment. Again, having a medical cannabis ID Card can help you look more responsible in the eyes of a Judge.
The new law states that CPS cannot use a parent's status as a medical cannabis patient as the sole reason to interfere with parental rights.
Can I own or buy a gun if I cultivate cannabis?
Cali law does not prohibit cannabis users and cultivators from having guns.
At the Federal level, this is an interesting and rapidly evolving question. The Federal Bureau of Alcohol, Tobacco and Firearms (what a stupid mix) require gun purchasers to answer the question; are you an unlawful user of, or addicted to, cannabis? Again, the phrase "addicted to cannabis" reflects the total disconnect of the Fed. Answering yes technically makes you ineligible to purchase; falsely answering no is in principle punishable as perjury. If you have a medical cannabis card, then that is evidence that your are a cannabis user and may not purchase a firearm, but if give up your medical cannabis card, and there is no evidence that you consume cannabis, then you may possess a firearm.
Can I get kicked out of my housing if I use or cultivate cannabis?
Yes. You want to make sure that your lease agreement does not prohibit cultivating cannabis and if you do cultivate, that the smells are not detectable to others. With that said, a smooth lawyer may find some small print in the agreement or common usage clause that get's you off the hook. In any event, you don't want to be fighting people over a few plants, so you should be discrete in areas where cannabis is not commonly used.
The US Dept of Housing and Urban Development has stated that local housing authorities can determine their own policies regarding medical cannabis use in HUD housing. We suggest contacting a local NORML lawyer about your housing rights. Landlords can make conditions on tenancy that exclude medical cannabis cultivation or use.
Oftentimes, landlords can be educated about the law; you can show them our Patient's Rights to Medical Marijuana pamphlet and tell that you are legal under state law. Vaping or using edibles can be a solution to issues of smells that annoy neighbors.
This is unlikely to change with the passage of Proposition 64 unless we can get legislation protecting tenants' rights in Sacramento. Please join Cali NORML and assist with this effort.
MMJDoctorOnline Notes: Any Californian adult is allowed to grow marijuana, but until 2018 they cannot purchase marijuana of any kind from a dispensary, delivery service, cannabis club or other access point without a 420 evaluation from a licensed medical doctor. Fortunately, this process can be completed online in minutes. An operator is standing by to process your request and forward it to a doctor who decides if your symptoms and conditions qualify or can be recommended (treated) with medical marijuana. We also provide cannabis ID and cultivation permits. Clients are never asked to pay until they are approved.