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Can you still go to jail for growing marijuana in California?

On Behalf of | Jan 17, 2022 | Drug crimes

California may not have been the first state to fully legalize marijuana, but it still has a reputation for being a state with a liberal policy on this popular drug. Now that legalization has taken effect for all adult use, some people mistakenly believe that they cannot face criminal charges for marijuana possession or cultivation anymore.

However, there are still clear limitations on legal marijuana use in California. Specifically, there are rules that limit the legal cultivation of marijuana. Breaking them could still lead to arrest.

Adults can only grow up to six plants

Although those working for a licensed marijuana business and those involved in the medical marijuana program are subject to different rules, the average adult in California has to comply with the new adult cultivation laws. The state specifically limits adults to the cultivation of six plants at a time.

If the police discover more than six marijuana plants on someone’s property without the appropriate licensing, that individual could face criminal charges. Although marijuana enforcement is far from a top priority, the state is well aware of how much marijuana still flows through the unregulated market. If they catch someone with more plants than they should have, that person will face arrest and criminal charges.

If convicted, those accused of those cultivation offenses could face up to six months of incarceration. If you can’t afford retail marijuana prices and need more marijuana than six plants can supply, those with the right medical paperwork can sometimes legally grow up to 99 plants rather than just six.

Understanding how the drug laws in California have changed can help people avoid accidentally breaking them.