Health and Safety Code section 11362.2 grants every adult 21 or older the statewide right to cultivate up to six cannabis plants indoors, and bars local governments from completely prohibiting indoor personal cultivation.
Health and Safety Code 11362.2 authorizes adults 21 or older to plant, cultivate, harvest, dry, or process up to six living cannabis plants per private residence. Subsection (b) lets cities and counties enact reasonable regulations on indoor cultivation but expressly forbids them from completely prohibiting it inside a private residence or accessory structure that is fully enclosed and secure. Local jurisdictions may ban outdoor cultivation, but indoor cultivation of six plants is a statewide right. Section 11362.1 separately permits adults to possess up to 28.5 grams of cannabis flower and 8 grams of concentrate.
Cultivating more than six plants without a commercial license is an infraction or misdemeanor under Health and Safety Code 11358 with fines starting at $500 and possible jail time. Local agencies that fully ban indoor personal cultivation face declaratory and injunctive challenges.
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