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?