Proposition 64 allows adults 21+ to grow up to 6 plants per residence for personal use, statewide. In unincorporated San Joaquin County, cultivation must be indoors or within a fully enclosed and locked accessory structure โ outdoor personal cultivation is prohibited. Plants cannot be visible from public view. Landlords may prohibit cultivation in rentals.
California Proposition 64 (the Adult Use of Marijuana Act, Health & Safety Code ยง11362.1) permits adults 21 and older to possess and cultivate up to 6 cannabis plants per private residence for personal non-commercial use. Local jurisdictions may regulate cultivation but cannot ban personal indoor cultivation. San Joaquin County has exercised its regulatory authority through Development Title and County Code Chapter 9-1080 (Cannabis Cultivation): all personal cultivation in unincorporated areas must occur inside the primary residence or within a fully enclosed, locked, opaque accessory structure (detached garage, permitted shed meeting building code); outdoor cultivation โ even within a yard โ is prohibited for personal use. Plants and grow lights must not be visible from any public right-of-way or adjoining property. Cultivation accessory structures must meet setback and electrical-permit requirements and have adequate ventilation/odor control (carbon filtration recommended); odor that causes a nuisance (HSC ยง11362.1(f)) is actionable. The cannabis count is per residence, not per adult โ a household of 4 adults over 21 still has a 6-plant cap. Commercial cultivation is separately regulated under county Cannabis Business Ordinance and is allowed only in specific zones with Use Permit. Landlords may prohibit cannabis cultivation in lease agreements.
Outdoor personal cultivation: $100 first, $500 second, $1,000 third. Exceeding 6-plant cap: HSC ยง11358 infraction (up to $100 for adults 21+) + county enforcement. Visible grow / odor nuisance: abatement + fine $250โ$1,000.
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