With the passing of Proposition 64, California now permits individuals over the age of 21 to grow up to 6 cannabis plants for personal use. Additionally, cities and counties have the right to impose reasonable regulations on homegrown marijuana plants. These provisions somewhat conflict with each other, however, as has become evident in several cities. The word “reasonable” is subjective and many of the implemented regulations test its boundaries.
Many cities prohibit outdoor marijuana gardens, claiming that it is in the interest of safety. Others imposed steep permit costs for those who would like to grow cannabis, while some banned it altogether.
Just outside of Los Angeles, in the city of Montebello, individuals who grow cannabis for their own personal use are allowed this privilege only if they do not owe taxes. They must also submit to occasional inspections from city workers. The city of Indian Wells requires individuals to pay for and pass a background check to prove that they have not been convicted of any felony-related drug offenses, including marijuana, within the last 5 years.
These are just a couple examples of how aggressively marijuana is being regulated in the state of California. Unfortunately, Proposition 64’s language is incredibly vague and subjective, allowing local governments to regulate the plant as they see fit. While this was meant to mitigate some of the objections legalization of the drug faced, it also crippled the freedom residents were hoping to have when they voted for Proposition 64 last year.
The San Francisco cannabis lawyers at Hallinan and Hallinan, PC know that the law can be difficult to interpret. We will help you comply with all relevant regulations to ensure that you are in compliance when the laws change. If you are an entrepreneur or caregiver involved in the production, manufacturing, or distribution of marijuana, contact our San Francisco dispensary attorneys today by calling (415) 941-4206.