New laws are governing the cultivation, use, and sale of marijuana in California. Proposition 64/Adult Use of Marijuana Act was approved by voters on November 8, 2016. The act legalized the possession and use of small amounts of marijuana for adults who are 21 years or older as of January 1, 2018. The act also allows licensed businesses to sell marijuana. Proposition 64 has opened a new chapter of marijuana laws in California. Defendants who were sentenced under the previous regulations for marijuana-related offenses can now seek re-sentencing under the new law. Proposition 64 lightens the penalties for marijuana-related crimes.

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What is in the new law?

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Under the new California recreational marijuana law, people aged 21 and above are permitted to cultivate up to six plants of marijuana. The marijuana must be for personal use. The plants should be grown in secured areas indoors. They can also be grown in secured areas outdoors where it is legally permissible. Cultivating more than six plants of marijuana is a crime under Health and Safety Code 11357.

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Penalties for unlawful cultivation of marijuana under Health and Safety Code 11357

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Unlawful cultivation of marijuana is treated as a misdemeanor that carries a penalty of up to 6 months in a county jail, a fine of up to $500, or both. However, it will be treated as a felony marijuana charges for the following groups.

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  • Registered sex offenders

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  • People who have committed severe violent felonies in the past

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  • People who have twice or more been convicted of growing more than six marijuana plants

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  • People who violate specific California environmental laws due to marijuana cultivation

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On top of that, it is an infraction for people below the age of 21 to grow marijuana plants.

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A drug rehabilitation program may be prescribed in lieu of a jail term if:

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  • The defendant is a non-violent first-time or second-time offender

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  • If the charges brought against the defendant are limited to cultivation of marijuana for personal use

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Cultivation of medical marijuana in California

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California medical marijuana laws have different regulations for people growing marijuana for medicinal purposes. The Compassionate Use Act of 1996 exempts certain groups of people from the laws governing the possession and use of marijuana in California. These groups of people include

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  • People who use marijuana with a doctor‘s approval to treat serious conditions

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  • Members of marijuana dispensaries

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  • People who are the primary caregivers of patients with a doctor’s approval to use marijuana to treat serious conditions.

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Persons growing marijuana for medical purposes in California are allowed to:

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