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The following article was published in our article directory on March 12, 2013.
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Marijuana Cultivation Laws in California

Article Category: Gardening

Author Name: Mr Gator

The marijuana cultivation laws California passed date all the way back to more than a decade ago in 1996. On November 5, 1996 Proposition 215 was approved by 56% of voters, which changed the Golden State's laws on the possession, cultivation and use of marijuana.

The state law abolished state-level criminal penalties on the possession, cultivation and use of marijuana. This state law affects patients who have a recommendation "writer or oral" from a physician who indicates that a patient "would benefit from medical cannabis."

The current marijuana cultivation laws California have in place allows people to grow their own marijuana. No registration or license is required although this right is only reserved for people who require marijuana for medicinal purposes. The law extends to the primary caregivers of these patients.

On an individual level, patients and primary caregivers are people who are allowed to possess eight ounces of marijuana and/or 12 immature or 6 mature plants of cannabis.

The appropriately named Senate Bill 420, 420 being a nod towards the number in cannabis culture used to identify oneself, was passed. S.B. 420 allows patients and their primary caregivers to possess or cultivate marijuana in larger amounts under the recommendation of a physician. S.B. 420 also gives an implied protection to dispensaries when it comes to the cultivation of marijuana.

Local counties and municipalities also have tremendous power when it comes to the tinkering of the marijuana cultivation laws California observes.

Local counties and municipalities are afforded the privilege of adjusting local ordinance with regard to the amount of marijuana a patient or primary caregiver may possess or cultivate. The privilege also extends to where marijuana can be cultivated.

Whether or not a dispensary requires registration or a license in order to dispense and grow marijuana depends largely on local ordinance.

Local counties and municipalities that do not have their own local ordinance regarding the possession, cultivation or use of marijuana defer to statewide laws and regulations passed in the state of California.

Numerous counties and cities across the Golden State established zoning regulations for the cultivation of cannabis. More often than not, these zoning regulations were put into place by complaints made by citizens who did not like the sight or odor of marijuana. In some cases public officials with a very disciplinarian outlook put these ordinances into place.

The California Supreme Court's decision in People v. Kelly is misconstrued as a decision that shows that the limits no longer apply. People have this egregious belief that they can grow as much marijuana as they please.

The truth is that the California Supreme Court still allows police authorities to arrest people who exceed limits. What does hold true is that the guidelines cannot be used to convict a person crime during trial, people who have no desire to face arrest and go through court to face a trial for felony will definitely want to stay within the boundaries of the guidelines.

Keywords: marijuana cultivation

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