Proposition 64 states that adults in California age 21 and older may legally possess, plant, cultivate, harvest, dry, or process up to six marijuana plants as well as possess the marijuana produced from those plants. Though cities and counties can completely prohibit personal outdoor cultivation (and some already do), Prop 64 does not allow them to prohibit personal cultivation indoors or in an outside structure that is fully enclosed and secure.
However, Prop 64 does grant California cities and counties the authority to reasonably regulate these activities and requires that all persons cultivating cannabis for personal use comply with any local ordinances. In addition, Prop 64 limits personal cultivation to six marijuana plants per private residence (regardless of the number of adults living in the residence) and requires any marijuana produced from the plants that is over the legal possession limit of 28.5 grams be kept within the residence or in a locked, outdoor space not visible to the public.
Some California municipalities have already started passing local ordinances to regulate personal cultivation. Prop 64 allows cities and counties to enact and enforce reasonable regulations to reasonably regulate personal cannabis cultivation activities. So now the question is just how reasonable are these new regulations?
In December, the City of Indian Wells passed an ordinance that requires residents to register for a permit from City Hall to cultivate marijuana at home. To receive the permit, residents must allow home inspections by city employees and pay an annual fee of $141. According toErwin Chemerinsky, Dean of University of California, Irvine Law School and prominent constitutional law scholar, Indian Wells regulation goes significantly beyond what state law allows local governments to do. There is also concern that by requiring individuals to register to grow, the Citys regulation forces them to self-incriminate themselves under federal law and is thereforeunconstitutional.
Last week, the City of Los Banos also considered an ordinance requiring its residents to first register with the City to cultivate marijuana indoors for personal use. The stated reason for requiring residents to register was so authorities could educate them on how to safely grow marijuana and avoid fire hazards. However, one City Council member did not support the ordinance because he was concerned about creating a public registry that could potentially expose home growers to shaming, harassment or violence. The Los Banos City Council later amended the proposed ordinance to provide greater privacy for ...
