Posted on

can i grow my own weed in california

WHY ARE TAXES ON MARIJUANA SO HIGH?

California passed Revenue and Taxation Code 34010 et seq. in 2018, creating two state sales taxes applicable to both medical and adult-use cannabis. Basically, there is a 15% excise tax imposed on purchasers of cannabis products and a per ounce cultivation tax for the commercial market.

CAN STATE OR MUNICIPAL LAW PREVENT ME FROM GROWING MY OWN MARIJUANA FOR PERSONAL USE?

IS MARIJUANA STILL ILLEGAL UNDER FEDERAL LAW?

The AUMA also allows each municipality (city) to prohibit possession and ingestion in buildings owned by the city and to allow ether to maintain a drug-free workplace by allowing the prohibition of use, consumption, transfer, transportation, sale, display, or growth of marijuana in the workplace (H&S 11362.45(f-g))

Federal officials may enforce federal law notwithstanding a validly issued medical prescription. Federal law is implicated by the Commerce Clause, the Ninth and Tenth Amendments, and the Equal Protection clause.

In 2016, California passed Proposition 64, the Adult Use of Marijuana Act (AUMA). This law essentially legalized the nonmedical use of marijuana for persons over 21 years old, and all allowed the personal cultivation of up to six marijuana plants per household.

As of this date (February 2021), the Controlled Substances Act (CSA) 21 USC 801 et seq) possession, cultivation, and distribution of marijuana are illegal. There is no medical necessity defense available in the federal system.

Can i grow my own weed in california

For information on marijuana cultivation in Nevada and Colorado, please see our articles on:

After the legalization of marijuana in California in 2018, adults age 21 and over can possess:

Defenses

Felony penalties are punishable by:

For additional help…

This statute also says that it is a misdemeanor if:

Health and Safety Code 11358 HS is the California statute that defines the crime of illegal cultivation of marijuana. Although adults 21 and over are now permitted to grow up to 6 cannabis plants, the law makes it a misdemeanor offense to grow in excess of these limits. A conviction is punishable by up to 6 months in jail.

Note that a criminal law exception exists for:

8.2. Possession of hash with intent to sell – HS 11359

A person is eligible for DEJ if:

An expungement frees a defendant from many of the hardships associated with a criminal conviction. 8

Can i grow my own weed in california

Also, under Proposition 64, simple possession of concentrated cannabis for recreational use is legal–but a person may only possess up to 8 grams for personal use.

Under no condition, however, may they sell marijuana, or possess or cultivate more than is reasonably related to the patient’s medical use.

6. What are the laws for concentrated cannabis?

Recreational use of marijuana became legal in California on January 1, 2018. The legalization of cannabis regulation and adult-use cannabis is the result of voter passage of Proposition 64 in November 2016.

Sentences for violating California Health and Safety Code 11361 are served in California state prison, rather than county jail.

9. What is the federal law?

Additionally, people under 21 may use and cultivate medical marijuana with a doctor’s recommendation (and, if they are under 18, the consent of a parent).