How much medical marijuana can a patient possess and cultivate according to California law?
SB420 establishes a baseline statewide limit per patient of 6 mature or 12 immature plants, plus 1/2 pound (8 oz.) processed cannabis. Patients can be exempted from these limits if their physician specifically states that they need more. In addition, individual cities and counties are allowed to enact higher, but not lower, limits than the state standard. For example, Sonoma County allows patients up to three pounds plus 99 plants in 100 square feet of growing area.
The legality of the limits in SB 420 have been disputed. Prior to SB 420, Prop 215 allowed patients whatever amount of marijuana they need for their medical purposes. Patients were not infrequently acquitted for personal use gardens of 100 plants or more. Some Prop. 215 advocates maintain that SB 420 cannot constitutionally limit the amount patients may legally have for personal use. This issue remains to be settled in the courts. To be safe, anyone exceeding the limits is advised to get a physician’s exemption.
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