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Local Medical Marijuana Cultivation & Possession Guidelines Under California State Law SB 420
Updated 6/22/2010
NOTE: On May 22, 2008, the Second District of California Court of Appeals ruled that the state limits on medical marijuana possession and cultivation established under SB 420 are unconstitutional. The court's reasoning would seem to apply only when the SB 420 numbers are used to limit patients' rights, but has been interpreted otherwise by police who would prefer to ignore them. On January 21, 2010, the California Supreme Court in essence affirmed the ruling.
California NORML strongly advises Prop 215 patients to continue following the SB 420 guidelines – six mature or 12 immature plants and 8 ounces of processed marijuana except where local guidelines specify more. The Supreme Court’s recent Kelly decision has been widely misinterpreted to imply that the limits no longer apply, and that patients can therefore grow as much as they want. In fact, the Court’s decision lets the police arrest anyone who exceeds the guidelines, The only thing it disallows is for the guidelines to be used as a basis for conviction in criminal trials.
So, unless you don’t mind being arrested and dragged into court for a felony trial, where you will have to show that the amount of marijuana you had was consistent with your medical needs, the best rule of thumb is to follow the guidelines. The Kelly decision simply re-affirms the original intent of SB 420, which was to establish reasonable guidelines for arrest - not automatic limits for guilt.
Explanation of SB420 Guidelines
Arcata
City Council passed an ordinance 11/08 allowing no more than 50 square feet for cultivation. In addition, dispensaries will be prohibited from using more than 25% of their property for cultivation and patients must grow in their own homes, which must be mainly residential space. Those with special needs may request more grow space. The new standards apply only to areas of Arcata outside the Coastal Zone, which rings Humboldt Bay. A separate but identical ordinance covers those areas, but will not go into effect until approved by the Coastal Commission.
Berkeley
Measure JJ, passed by the voters in 2008, repealed Berkeley's plant and possession limits. Outdoor gardens that are observable are limited to 10 plants.
Butte Co.
County guidelines : 6 mature or 12 immature plants, 1 pound processed material. Official Butte County policy regarding caregivers, collectives, and coops.
Calaveras Co.
In 2006 Calaveras dropped their pre-SB420 2 lb. guideline to 8 oz, and 6 mature/12 immature plants per patient.
Del Norte Co.
County adopted Sonoma cultivation guidelines with maximum 100 square feet cultivation area and 99 plants or fewer; one pound possession limit (approved by Board of Supervisors 4/22/02). However, as of August 8, 2008 those limits were thrown out, per People v. Kelly and a BOS action that began with the intent of reverting to state default guidelines.
El Dorado Co.
Sheriff & DA policy: Indoors - 10 flowering plants + 10 vegging + 1 mother; Outdoors: 20 starters or 10 mature plants, 1 - 2 lb processed marijuana depending on season of year.
Ft. Bragg
Cultivation Ordinance
Dispensary ordinance
Humboldt Co.
County guidelines allow patients 100 square feet and 3 lbs w/ no plant number limit. Cities of Eureka and Fortuna PDs and CHP enforce SB 420 limits (6 mature/12 immature plants, 1/2 lb).
Lakeport
Cultivation Ordinance
Mendocino Co.
On March 23, 2010, the county enacted an ordinance that would allow gardens of up to 99 plants with proper licensing. Otherwise, it allows 25 plants per parcel. More at: Mendocino Medical Marijuana Advisory Board site.
Nevada Co.
Cultivation: 6 mature female plants or 75 square feet of plant canopy (previously 10 plants not to yield more than 2 lbs). Possession: 2 lbs processed marijuana - consistent with patient's recommendation.
Oakland
Indoors - 72 plants in maximum 32 sq. ft growing area. Outdoors - 20 plants, no area limit. Weight limit 3 lbs dried marijuana per patient. Collective gardens limited to 3 patients. Dispensaries serving four or more patients are allowed max. 6 mature and 12 immature plants and 1/2 pound per patient.
Redding
An ordinance passed in 2010 restricts medical marijuana gardens to a maximum of 100 square feet of canopy or 10% of home or garden area. Also see: Local Ordinances Attack Patients’ Right to Grow
San Diego
City Council guidelines allow up to 1 lb of marijuana, 24 plants in 64 square feet indoors; no outdoors growing allowed except in enclosed greenhouses.
San Francisco
Patients allowed up to 24 plants or 25 square feet of canopy; dispensary gardens capped at 99 plants in 100 square feet. Possession limit 8 oz. dried cannabis per patient.
Santa Cruz
100 sq.ft. canopy and up to 99 plants is allowable under county guidelines, for a patient or a bone fide caregiver. The City of Santa Cruz is awaiting a ruling in the Kelly decision before adopting guidelines.
Shasta Lake
Shasta Lake is considering a proposal that would require patients to file a zoning permit for all medical marijuana gardens. Indoor cultivation would be restricted to legally established residences; outdoor grows would be limited to 60 square feet on lots less than an acre, or 240 square feet elsewhere, and would have to be surrounded by six-foot fences. (3/17/2010) Also see: Local Ordinances Attack Patients’ Right to Grow
Sonoma Co.
Guidelines permit 3 lbs for possession; maximum 100 square feet cultivation area with 30 plants or fewer (approved Sept 2006)
Tehama Co.
Tehama County Board of Supervisors is set to vote on April 6, 2010, on an ordinance that would declare it a public nuisance for anyone cultivate over 12 mature or 24 immature plants on parcels of less than 20 acres. The Tehama proposal would ban any cultivation whatsoever within 1,000 ft of a school, and require every landlord to register any Prop 215 garden with the city. The ordinance was amended at a March 16 meeting to allow hardship exemptions to a requirement that gardens be 100' from property lines. Also see: Local Ordinances Attack Patients’ Right to Grow
Trinity Co.
On October 28, 2008, the Trinity Board of Supervisors repealed their medical marijuana ordinance, reverting them to the state guidelines (see below).
State Guidelines Under SB 420 (Health & Safety Code 11362.7)
H&SC 11362.77(a). A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature marijuana plants per qualified patient.
H &SC 11362.77 (b) If a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meet the qualified patient's medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs.
H&SC 11362.77 (c) Counties and cities may retain or enact medical marijuana guidelines allowing qualified patients or primary caregivers to exceed the state limits set forth in subdivision (a).
H&SC 11362.77 (d) Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of marijuana under this section.
State law, SB 420 (Health & Safety Code 11362.7), which took effect on Jan. 1, 2004, protects Prop. 215 patients from arrest provided they cultivate no more than 6 mature or 12 immature plants and possess no more than 8 ounces of dried marijuana (H&SC
11362.77(a)).
Counties and cities are authorized to establish higher (but not lower) limits if they wish (H&SC 11362.77(c)). Listed above are those localities that have adopted limits above the state limit.
Patients who need more marijuana can be exempted from these limits if they obtain a physician's statement specifying that they need more (H&SC
11362.77(b)). While police are often reluctant to recognize such exemptions, they are helpful in court.
Despite supposed protections of SB 420 and Prop 215, patients may still be arrested if law enforcement suspects they are outside the law, for example, by being involved in illegal sales or distribution, or growing plants with excessive yields.
In general, the state Attorney General has given local authorities discretion in how they enforce Prop. 215, as explained in a letter to local law enforcement officials.