How many plants can you grow in San Diego?

Since we teach people to grow cannabis plants at home, this is a common question we receive. Let’s review cannabis plant count numbers in San Diego. The answer is 6 plants. The answer is also “as much as you need according to your condition.” How can there be two rules? Two answers: Prop 215 and Prop 64. Prop 215 speaks to medical patients 18 + (people with a CA physician’s recommendation), whereas Prop 64 addresses everyone 21 + in the state of California.

If you are a renter, your landlord however, does have the legal right to forbid cannabis cultivation, as well as smoking. People have always done things to protect their property, even if the prohibited behavior is not illegal. Landlords prohibit smoking, pets, and yes, cannabis, even medical cannabis.

Prop 64: Recreational Marijuana Cultivation Rights

Under Prop. 64, anyone in California over the age of 21 may grow 6 plants — per parcel of land. This means that if you live alone OR with a few people, there should only be 6 plants on the premise. (Please note: Prop 64 does NOT say 6 plants per person.)  With your homegrown cannabis, you are able to use it personally, or gift it to your friends and family. You may not sell it for profit.

Prop 215: Medical Marijuana Patients Cultivation Rights

As per the CA Supreme Court’s People vs. Kelly ruling in 2010, regarding Prop 215, medical marijuana patients are entitled to have and cultivate whatever amount of marijuana / cannabis is necessary for their personal medical use. According to Proposition 215, residents of the state of California who become medical marijuana patients are legally allowed to cultivate and possess marijuana for medicinal purposes.

We don’t see anything for Prop 64 to negate from Prop 215.

In order to be considered a MMJ patient, you must obtain a valid CA Physician’s Recommendation from a California licensed physician. You may also get an optional MMIC card from the city of San Diego, as well as the State. Typically, if you need to grow more than 6 plants or have more than 8 ounces, you would first get your CA Physician Recommendation, and then get your MMIC card from the city of San Diego.

If you need to travel with your cannabis across the state of California, then one would be encouraged to get the optional state issued MMIC.

 

 

***This content was written to inform you of Green Carpet Growing’s understanding of cannabis laws that affect home-growers and does not constitute any legal advice in any form. We are not lawyers or attorneys. However as citizens, we study the laws to the best of our ability, that affect the legal rights of home growers. Please contact us if you feel there are any errors in our content as we would be happy to correct any misinformation.