Now that recreational marijuana is legal in California, what are the rules for growing and using it? The answers are changing, and they depend on where you live or partake.
Buying, using, and distributing medicinal marijuana has been legal in California since 1996 (see our article “Medicinal Marijuana Laws” for more).In 2015, a set of new California laws created a licensing and regulatory structure for medicinal marijuana production and distribution, but those regulations were still under development when Prop 64 legalized recreational marijuana in California.
Prop 64 also requires a licensing and regulatory structure, this time for the recreational marijuana business. Faced with the possibility of two parallel regulatory schemes, in July 2017 California merged the medicinal and recreational requirements. The new law is called the “Medical and Adult-Use Cannabis Regulation and Safety Act” (“MAUCRSA”). (Read NORML’s summary here: www.canorml.org/Cal_NORML_Guide_to_AUMA.)
Emergency regulations were issued in December 2017, and temporary licenses began to be available in December 2017. Local cities and counties continue to regulate medicinal and recreational marijuana growth and distribution as well, and unlicensed marijuana businesses are illegal.
Personal use and cultivation
What does this mean for individuals who want to enjoy their new recreational options? Right now it is legal for adults (over 21) to:
- Smoke or otherwise consume marijuana/cannabis
- Possess up to 28.5 grams (1 ounce) of marijuana and 8 grams of concentrated marijuana.
- Grow up to six plants within a private home as long as the area is locked and not visible from a public place. Cities and counties may regulate growth conditions.
Licenses are beginning to be issued to recreational marijuana retailers, including a number in Sacramento. You can check licenses at the Bureau of Cannabis Control website. Unlicensed adults can give cannabis products as a gift but selling marijuana is still a misdemeanor.
Patients with a medical recommendation can still grow plants and purchase products for their own medicinal use. Some dispensaries have ended medical distribution in favor of recreational, meaning even patients under 21 cannot purchase there, so if you a patient but under 21, check before visiting.
Smoking or ingesting marijuana is prohibited in public places; smoking is prohibited anywhere smoking tobacco is illegal, and near schools, day care center, and youth centers when children are present.
Local rules on cultivation for personal use
All cities in Sacramento County, as well as unincorporated areas, ban outdoor growing of marijuana. Growing indoors for personal use is restricted to personal residences, with different limits and regulations in different areas. Here’s a quick summary of the quantities permitted in different cities as of August 2017:
|City of Sacramento||Medicinal: up to 400 sq. ft. of medical marijuana (Sacramento City Code § 8.132.030)
Recreational: up to 6 mature or 12 immature marijuana plants
|Sacramento County||Both medicinal and recreational: up to 9 marijuana plants (Sacramento County Code § 6.88.050)|
|Citrus Heights||Medicinal: limited to 50 square feet and 300 cubic feet inside a residence, 100 square feet and 600 cubic feet in a secure structure on residential property (Citrus Heights Code of Ordinances § 50-702 50)
Recreational: up to 6 marijuana plants (Citrus Heights Code of Ordinances § 50-802 50)
|Elk Grove||Both medicinal and recreational: up to 6 marijuana plants (Elk Grove Municipal Code § 23.83)|
|Folsom||Both medicinal and recreational: up to 6 marijuana plants, limited to 50 square feet and 10 feet in height (Folsom Municipal Code § 17.114.040)|
|Galt||Both medicinal and recreational: up to 6 marijuana plants (Galt Municipal Code § 18.58.030)|
|Rancho Cordova||Both medicinal and recreational: limited to 25 square feet, and requires a permit and payment of a tax (Rancho Cordova Municipal Code §§ 6.90.040, 3.85.010)|
Local rules on dispensaries and businesses
Most Sacramento-area cities, as well as the county, prohibit dispensaries and all commercial marijuana activity.
The City of Sacramento currently allows dispensaries, cultivation, nonvolatile manufacturing and testing in specific zones within the city, and is planning to issue permits for commercial marijuana businesses beginning in 2018, once state regulations are finalized. More information is available on the website of the Department of Finance’s Office of Cannabis Policy & Enforcement (www.cityofsacramento.org/Finance/Revenue/Sacramento-Marijuana-Information).
These rules are still changing. To check on the most current ordinances, visit the website or contact the city clerk of your municipality.
Marijuana use, possession, and distribution is still illegal under federal law. 21 U.S.C. § 801 et seq. In January 2018 the Trump administration reversed the Obama Department of Justice’s hands-off policy. Individual U.S. attorneys are free to pursue marijuana violations as they see fit. This change means the future of the marijuana industry in California is uncertain.
The state of California has a “Cannabis Portal” on the web, as “a one-stop shop for all things related to the state’s effort to regulate the cannabis industry.”
You can also keep up with developments in cannabis law by following websites such as CaNORML’s page on “Local Medical Marijuana Cultivation & Possession Guidelines in California” (bit.ly/1g10noy) or Cannabusiness Law (cannabusinesslaw.com/california-cannabis-laws-by-county/).
Other good sources of current information include:
- CEB’s Marijuana Law: An Educational Hub for California Attorneys(ceb.com/)
- The Cannifornian tracks developments in local regulations affecting the cannabis (thecannifornian.com/cannabis-business/)
- CannaLaw Blog (cannalawblog.com/)
- Marijuana Lawyer Blog (marijuanalawyerblog.com/).
- Marijuana Law, Policy & Reform (typepad.com/marijuana_law/).
August 24, 2017 (updated Jan. 8, 2018)