What Does California’s Prop 64 Say About Home Marijuana Cultivation?

After our fist book, The Urban Homestead, came out we visited a big-box bookstore to see what category it ended up in. This was before bookstores created separate shelves for urban homesteading. Unsurprisingly, we found it in the gardening section. What did surprise me was the other books in the garden category. The overwhelming majority were about growing marijuana. There were lavish coffee table books of bud porn, detailed encyclopedias edited by huge teams of experts and countless tomes covering the technical details indoor lights, fertilizers and growing mediums.

Marijuana is the elephant in the gardening bedroom. I strongly suspect that the majority of money spent on fertilizers and gardening related products are for growing pot not petunias. This November, Californians will vote on Proposition 64 which will legalize marijuana for adults over 21. I thought I’d take a look at the text of the law to see what it says about home cultivation.

Currently, qualified patients can use and grow marijuana for medical purposes. In practice anyone can “qualify” by handing over some cash to a storefront doctor and claiming some vague symptoms. This is an exact repeat of what happened during prohibition when a shady doctor could write you a prescription for a shot of whiskey. Under the present law, according to NORML,

Qualified patients are exempt from the state permit program if cultivating less than 100 square feet for personal medical use.  Primary caregivers with five or fewer patients are allowed up to 500 square feet (AB 243, 11362.777(g) and SB 643, 19319). Exemption under this section does not prevent a local government from further restricting or banning the cultivation, provision, etc. of medical cannabis by individual patients or caregivers in accordance with its constitutional police powers under Section 7, Article XI of the CA Constitution (11362.777(g))

In other words, right now there’s a confusing patchwork of regulation when it comes to personal cultivation.

Here’s the text of Proposition 64 relating to home cultivation:

11362.2. (a) Personal cultivation of marijuana under paragraph (3) of subdivision (a) a/Section 11362.1 is subject to the following restrictions:
(1) A person shall plant, cultivate, harvest, dry, or process plants in accordance with local ordinances, if any, adopted in accordance with subdivision (b) of this section.
(2) The living plants and any marijuana produced by the plants in excess of 28.5 grams are kept within the person’s private residence, or upon the grounds of that private residence (e.g., in an outdoor garden area), are in a locked space, and are not visible by normal unaided vision from a public place.
(3) Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time. (b)(l) A city, county, or city and county may enact and enforce reasonable regulations to reasonably regulate the actions and conduct in paragraph (3) of subdivision (a) of Section 11362.1. (2) Notwithstanding paragraph (1), no city, county, or city and county may completely prohibit persons engaging in the actions and conduct under paragraph (3) of subdivision (a) of Section 11362.1 inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure. (3) Notwithstanding paragraph (3) of subdivision (a) of Section 113 62.1, a city, county, or city and county may completely prohibit persons from engaging in actions and conduct under paragraph (3) of subdivision (a) of Section 11362.1 outdoors upon the grounds of a private residence.
(4) Paragraph (3) of this subdivision shall become inoperable upon a determination by the California Attorney General that nonmedical use of marijuana is lawful in the State of California under federal law, and an act taken by a city, county, or city and county under paragraph (3) shall be deemed repealed upon the date of such determination by the California Attorney General.
(5) For purposes of this section, ”private residence” means a house, an apartment unit, a mobile home, or other similar dwelling.

In short, the proposition will prevent municipalities from forbidding indoor growing while allowing the regulation of outdoor growing. I’m not going to address what the proposition says about larger growing operations since this involves a complex maze of yet to evolve state and local laws that are hugely controversial.


In my perfect world marijuana is just another plant, no more or less exciting that a grape vine. As a consequence of marijuana prohibition, illegal outdoor growing operations have been the cause of a lot of environmental damage and violence. Indoor growing is energy intensive and inefficient. It’s my hope that Proposition 64 will improve the current situation by legalizing personal growing (though I wish that municipalities did not have so much control over outdoor growing). Enacting laws against plants seems arrogant, and reminds me of King Canute’s demonstration of the futility of willing the tide not to come in. I have no interest in growing pot, but I think it should be legal to do so.

That said, I realize this proposition is hugely controversial and depends a lot on what will happen when the legislature and local municipalities start building up a regulatory structure surrounding the use, taxation and production of marijuana. I’m interested in hearing your opinions. To those of you who already live where pot is legal–Alaska, Colorado, Oregon and Washington: what has legalization meant in terms of home growing operations? If you’re in California, will you be voting for or against Prop 64? If you’re not in California do you think is should be legal to grow pot? Why or why not?


Polyphagous Shot Hole Borer and Avocados

Multiple entry holes on avocado trunk. Photo credit: Eskalen Lab, UC Riverside.

Multiple entry holes on avocado trunk. Photo credit: Eskalen Lab, UC Riverside.

Of all the plants in our yard the one I care most about is our avocado tree. I’d be despondent if anything happened to it. Which is why I panicked when I first heard about the Polyphagous Shot Hole Borer (PSHB), a beetle that spreads a fungus Fusarium euwallacea. First noticed in 2003 here in Southern California, the PSHB seems to damage some trees more than others.

Concerned about losing my avocado tree I wrote Akif Eskalen, a plant pathologist at the University of California, Riverside. Dr/ Eskalen’s lab has done a lot of work on the PSHB and what to do about it. I asked him specifically about avocados and here’s what he had to say in an email,

My lab has been conducting a continuous survey on PSHB on infested and non-infested avocados in California since 2012. Based on the preliminary results from our survey the beetle PSHB seems to be attacking and causing damages on primary and secondary branches of avocado only. We have also seen attacks on the trunk of the trees but somehow the beetle is not successful establishing galleries there which could cause of quick death of the tree. I believe with a proper orchard sanitation you can reduce the damage of the beetle and also keep the beetle population down in the orchard . . . we are still continuing experiments with different insecticide and fungicides on avocado against this beetle and their fungi. An insecticide (Hero) has already registered under Section 18 that could be used by growers in CA.

He provided a link to a short publication his lab put out on orchard sanitation best practices as well as a link to information for avocado growers on the use of Hero. Hero is a pyrethroid-based pesticide.

For my own backyard tree I’m going to:

  • Make sure pruning tools are disinfected before use. This is one of the main reasons we use a qualified arborist.
  • Avoid moving firewood around. I’m going to have to think carefully about the wood I import for my pizza oven.
  • Use mulch that has been chipped to less than 1 inch.

I’d sure hate to lose a tree that provides six months worth of free and delicious Fuerte avocados.

Attractive Ornamental Flowering Trees

As I mentioned yesterday, I attended a class a tree identification class at the Arboretum taught by LA County plant pathologist Dr. Jerrold Turney. During the course of the lecture Dr. Turney recommended a number of striking, flowering ornamental trees. I thought I’d list a few of those remarkable trees in case you’re considering planting one. While this list is Southern California-centric, many of these trees can be grown in other climates. All images are courtesy of Wikimedia.

800px-magnolia_stellata_in_the_jardin_de_plantes_de_paris_001Magnolia stellata (Star Magnolia)
Small trees go with small houses like gin goes with tonic water. Small trees are also easy to maintain and don’t break the bank when it comes time to call an arborist. This tree is from Japan and will grow all over North America and Europe.

754px-cornus_florida_02_by_line1Cornus florida (flowering dogwood)
One catch with this pretty tree is that it’s susceptible to anthracnose.

800px-ipe%cc%82_roxo_ype-tabebuia_impetiginosa_cemiterio_sa%cc%83o_paulo_brazilTabebuia impetiginosa (pink trumpet tree)
A tough and beautiful tree that’s great for urban locations.


Tabebuia chrysotricha
Of all the trees Dr. Turney showed, I think this one was my favorite. The yellow flowers really pop out against a blue sky.


Brachychiton acerifolius (Australian Flame Tree)
Speaking of popping out, red flowers are also really dramatic.

chionanthus_retusus_-_chinese_fringetree_-_3Chionanthus retusus
Another good urban tree.

To these suggestions I’d add one of my own that also produces a tasty fruit:

redbaronRed Baron Peach
Plant one of these as a bare root tree this spring and you’ll have an attractive small tree and peaches!

Thanks to Dr. Turney for a great lecture. If you’d like to attend the other three parts of his tree identification class you can sign up here.

Trees Susceptible to the Polyphagous Shot Hole Borer

A beetle introduced beetle, the Polyphagous shot hole borer (PSHB), is causing the loss of many trees in Southern California. Kelly has blogged about this bug before but it’s worth repeating. It’s on my mind since attending a lecture this weekend by LA County plant pathologist Dr. Jerrold Turney.

I’ve learned, as a gardener, that there are certain plants in every bio-region that simply aren’t worth planting due to pest pressures. When it comes to trees it can be frustrating, expensive and downright dangerous to have a tree attacked by an incurable infection or pest. PSHB attacks hundreds of different tree species but is hosted on a more limited number. The list of PSHB host trees is growing as scientists study the problem. When Kelly blogged about the problem in 2015 the list of known host trees was 37. The list is now at 44. Here’s that list, via UC Riverside’s Eskalen Lab:

1. Box elder (Acer negundo)*
2. Big leaf maple (Acer macrophyllum)*
3. Evergreen Maple (Acer paxii)
4. Trident maple (Acer buergerianum)
5. Japanese maple (Acer palmatum)
6. Castorbean (Ricinus communis)
7. California Sycamore (Platanus racemosa)*
8. Mexican sycamore (Platanus mexicana)
9. Red Willow (Salix laevigata)*
10. Avocado (Persea americana)
11. Mimosa (Albizia julibrissin)
12. English Oak (Quercus robur)
13. Coast live oak (Quercus agrifolia)*
14. London plane (Platanus x acerifolia)
15.Cottonwood (Populus fremontii)*
16. Black cottonwood (Populus trichocarpa)*
17. White Alder (Alnus rhombifolia)*
18.Titoki (Alectryon excelsus)
19. Engelmann Oak (Quercus engelmannii)*
20. Cork Oak (Quercus suber)
21. Valley oak (Quercus lobata)*
22. Coral tree (Erythrina corallodendon)
23. Blue palo verde (Parkinsonia floridum)*
24. Palo verde (Parkinsonia aculeata)*
25. Moreton Bay Chestnut (Castanospermum australe)
26. Brea (Cercidium sonorae)
27. Mesquite (Prosopis articulata)*
28. Weeping willow (Salix babylonica)
29. Chinese holly (Ilex cornuta)
30. Camelia (Camellia semiserrata)
31. Acacia (Acacia spp.)
32. Liquidambar (Liquidambar styraciflua)
33. Red Flowering Gum (Eucalyptus ficifolia)
34. Japanese wisteria (Wisteria floribunda)
35. Goodding’s black willow (Salix gooddingii)*
36. Tree of heaven (Ailanthus altissima)
37. Kurrajong (Brachychiton populneus)
38. Black mission fig (Ficus carica)
39. Japanese beech (Fagus crenata)
40. Dense logwood (Xylosma congestum)
41. Mule Fat (Baccharis salicifolia)*
42. Carrotwood (Cupaniopsis anacardioides)
43. California buckeye (Aesculus californica)*
44. Canyon Live oak (Quercus chrysolepis)*

If you have any of these trees here are UC Davis’ shot hole borer management suggestions:

Protect your trees and local habitat from a variety of pest species by avoiding moving infected wood around – use firewood locally.

PSHB has been found to attack healthy trees, but as always a good defense against disease is to keep trees in optimal health. Healthy trees are also more likely to recover more quickly from an attack. Choose trees that are appropriate for the site and don’t require a lot of additional water. Provide appropriate soils and access for roots to grow and expand. Avoid excessive pruning, over- or under-watering, and planting inappropriate companion plants within the dripline. If trees are infected, systemic insecticides generally are poor for treating ambrosia beetles. Prophylactic spraying of the bark could be used to protect uninfected trees in some situations. Sterilize pruning tools between uses to avoid spreading the fungus. This handout can guide you through deciding when to remove an infested tree, and how to handle the wood waste.

Chipping and solarizing/tarping infested wood can help to limit the spread of the beetle/fungus complex. Wood should be chipped to pieces smaller than 1″.

Misguided water conservation efforts have, in my opinion, contributed to the problem by stressing our landscape trees. You should keep your trees appropriately watered. And it appears that with many of these trees, including avocados, prophylactic spraying with a pyrethroid-based pesticide every three to four months will be necessary.

Dr. Turney is doing three more tree identification lectures at the LA Arboretum. More information here.

What’s the Most Squirrel-Proof Fruit?


Depending on my mood I see our yard either as a sort of groovy, permacultural exercise in “abundance” or as an overpriced rodent feeder. It occurred to me this morning that we’ve been, inadvertently, running an experimental squirrel fruit buffet for ten years.

Perhaps it would be informative to see what trays in the buffet have any fruit left for the resident hominids. Towards that end, I’ve created an annoying, animated emoticon scale ranging from one to five squirrels with five being the most favored fruits and one being the least favored.

In the give up all hope category:

Figs: Squirrel Icon by AlephronSquirrel Icon by AlephronSquirrel Icon by AlephronSquirrel Icon by AlephronSquirrel Icon by Alephron
Everyone loves figs. Raccoons, squirrels, rats and even Roman emperors. I’ve even seen raccoons, in the middle of the day, feasting on our delicious Mission fig. It’s easy to see why. There’s nothing like a fresh fig. And fig season is so frustratingly short. Kind of like our youth!

Apples: Squirrel Icon by AlephronSquirrel Icon by AlephronSquirrel Icon by AlephronSquirrel Icon by AlephronSquirrel Icon by Alephron
We have two trees, a Winter Banana and a Fuji. The squirrels are welcome to the mealy Winter Banana apples. But those Fujis are just about the tastiest apple I’ve ever eaten. The squirrels usually manage to get them all.

Persimmons: Squirrel Icon by AlephronSquirrel Icon by AlephronSquirrel Icon by AlephronSquirrel Icon by AlephronSquirrel Icon by Alephron
We have both the non-astringent and astringent types of persimmons. The squirrels like to take a bite out of them before they are ripe, thus leaving them to rot on the tree. Persimmons take so long to mature that I doubt I’m going to get any this year before the squirrels get to them.

Peaches: Squirrel Icon by AlephronSquirrel Icon by AlephronSquirrel Icon by AlephronSquirrel Icon by Alephron
I managed to harvest a few thanks to throwing some netting over the tree. But I was so stressed out by the prospect of finding the tree stripped of fruit that I became unpleasant to live with.

On the more hopeful side:

Avocados: Squirrel Icon by AlephronSquirrel Icon by Alephron
The damage here is more from rats than squirrels, I think. Typically, I’ll find an avocado with one bite near the stem on the ground. The good news is that those partially chewed avocados are, usually, still edible.

Pomegranates: Squirrel Icon by Alephron
I think this is the real winner in the squirrel/human fruit buffet fight. I’ve found squirrels trying to eat them but they have to chew through the thick and unappetizing skin. Plus the tree has hidden, wicked thorns. The downside is that these two qualities also make them difficult to harvest and eat. I use what we call the pomegranate spanking method to release the seeds. Squirrels have not yet figured this out.

What fruits do you manage to wrestle from the squirrels? What have you noticed in your garden?