Adults 21 and older in Berkeley may cultivate up to six cannabis plants indoors at a private residence under Proposition 64 and BMC Chapter 12.27, with additional rules for security and odor control.
Under California Proposition 64 (Health and Safety Code 11362.1 et seq.) any adult 21 or older may grow up to six cannabis plants at their primary residence for personal use. Berkeley implements this allowance through BMC Chapter 12.27 and zoning rules. Cultivation must occur indoors or in a fully enclosed accessory structure; outdoor personal cultivation is generally prohibited or heavily restricted. Plants must not be visible from public places. Cultivation areas must comply with building, electrical, and fire codes, use residential-grade equipment, and not produce off-property odor, noise, or light nuisances. Sales are prohibited without a state and City commercial license. Landlords may lawfully prohibit cultivation in rental agreements. Medical patients with a valid recommendation may exceed six plants only up to the amount needed for their medical condition per state guidelines.
Contact your local code enforcement office for specific penalty information.
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Side-by-side rule comparisons with other cities in Alameda County.
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