Here are answers to common questions about what’s legal and how to protect yourself now that Proposition 64 has passed.
Q: Is it legal to buy seeds or clones? Otherwise, how can I legally start growing six plants at home?
A: It’s never been illegal to purchase any controlled substances. The laws have targeted possession, transportation and sale, but not purchase.
It’s legal for you to possess seeds and clones (up to 6), if you are over 21. You may be able to justify having more if you have medical.
As far as buying them, though you yourself would not be in any legal jeopardy, a non-medical seller would be. So, unless there is a dispensary near you that is flouting the current state of the law and selling to recreational users in advance of it becoming legal to do so next year, you will need a medical card to purchase those and any other marijuana products at a storefront.
Q: Prop. 64 says plants have to be kept in a “locked space.” Does that mean I can just keep my house locked? Or do I need separate locks for the actual room where I’m growing my plants?
A: Prop. 64 restricts the cultivation of marijuana and the storage of the resulting harvest, in excess of one ounce, to “a locked space.” However, it provides no penalty for not doing so.
Whether “a locked space” includes a locked house will be a matter for the courts to interpret. A strong argument could be made that as long as it requires getting past at least one lock to access the space, it is a locked space. However, as always, the courts will have the last say on this.
David Pullman is a criminal defense attorney in the Bay Area city of San Rafael who specializes in representing people accused of drug crimes.
To submit questions for Pullman to answer in a future column, email firstname.lastname@example.org.