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Hello - How many marijuana plants can I legally grow in San

Resolved Question:

Hello - How many marijuana plants can I legally grow in San Diego California for medical purposes? I have my medical marijuana card.
Submitted: 12 months ago.
Category: Criminal Law
Expert:  MyraB replied 12 months ago.
Hello and thank you for your question.

The City of San Diego allows up to one pound of marijuana, a maximum of 24 plants growing in an area of no more than 64 square feet indoors and no outdoors growing except in "a fully enclosed yard with a minimum six foot fence perimeter or a greenhouse or structure that must be locked and contained."

The regulations from the San Diego Municipal Code can be found here http://docs.sandiego.gov/municode/MuniCodeChapter04/Ch04Art02Division13.pdf

Please let me know if you need any further information.
Customer: replied 12 months ago.

Thank you - just a couple clarifications...it appears that if my physician recommends more than one pound, than this is acceptable?


 


Also - what happens if I have less than 24 plants, but they produce more than 1lb? Am I supposed to throw away the overage?

Expert:  MyraB replied 12 months ago.
Thank you for your response.

Under the San Diego municipal code the maximum amount of processed marijuana you can possess at any given time is one pound regardless of the amount prescribed. Specifically, the code provides: "An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed one pound, or an amount consistent with the physician’s recommendation, whichever is less."

The one pound limit is for processed marijuana, so if you don't process more than one pound at any given time you would be within the code. You can leave any excess on the plants, destroy it, or you may want to consider joining a collective/cooperative so that you can supply any overage to other patients who are unable to grow their own.
Customer: replied 12 months ago.

Ahh! Got it. So, one more question...I could technically have 24 1lb plants growing as long as I only had 1lb of processed on me at any given time?

Expert:  MyraB replied 12 months ago.
Exactly. It is not the weight of the plants that matters, but the weight of processed marijuana.
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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