Home Grower Question: How many plants can I grow in San Diego under Prop 215 grow laws?

Answer: Proposition 215 text states that “medical marijuana patients” are to have no more than 8 ounces of dried cannabis flower or cultivate “6 mature plants.” However, a Supreme Court ruling in 2010 has determined otherwise, in favor of the home-grower. The ruling states anyone with a California Physician’s Recommendation may legally cultivate or possess as much marijuana / cannabis as they need for their own personal medical use (and no more.) The sentiment of this case is that California should not be limiting how much people can grow, when they are growing for medical purposes. This historic cannabis case in California is a big win for the home-grower. 

 

Supreme Court Ruling on Prop 215

In a historic California cannabis case, People v. Kelly (2010), The California Supreme Court ruled a unanimous published decision striking down what it considered “unconstitutional legislative limits” on how much medical marijuana patients can possess and cultivate. Read the People vs. Kelly ruling.

If you grow cannabis at home and grow more than 6 mature plants and have your CA physician’s medical recommendation, you may also consider getting your MMIC (Medical Marijuana Identification Card) which further provides legal documentation should you ever need it.

Nevertheless, an important distinction to consider is that your landlord may legally disallow the growing of cannabis.

Please protect yourself and read your leases carefully. If your lease or future lessor explicitly forbids and disallows the growing of cannabis on the premises, even for medical reasons, they are within their legal right to do so. They would have the right to bring you to court. Would they? Maybe. If they did, could the case be dismissed? Yes, it certainly could. Landlords prohibit all sorts of things, from pets to smoking to anything they feel could harm their property. If you lease an apartment, let’s hope your landlord allows you to grow cannabis.

 

 

***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.