El Cajon prohibits all outdoor cannabis cultivation. Indoor cultivation of up to six plants per residence is protected under Proposition 64 (CA Health & Safety Code Section 11362.2) but must not be visible or detectable from outside. The city banned all cultivation in January 2016.
The City of El Cajon specifically voted in January 2016 to prohibit any type of marijuana cultivation, distribution, and delivery services. Outdoor cultivation of any amount is banned within city limits. However, under California Proposition 64 (Adult Use of Marijuana Act), adults 21 and older may cultivate up to six plants indoors per residence for personal use. This state law preempts local bans on indoor personal cultivation. The plants must be in a locked space not visible from a public place. Landlords may prohibit cultivation in rental properties through lease terms. Medical marijuana patients retain their rights under the Compassionate Use Act to cultivate for personal medical use.
Outdoor cultivation violates the El Cajon municipal ban and is subject to code enforcement. Cultivating more than six plants without a license is a misdemeanor under California Health and Safety Code. Indoor cultivation violating visibility or security requirements may be cited under both city and state law.
El Cajon, CA
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