Cultivating Marijuana Still Illegal in Unincorporated Riverside County
With Limited Exemptions for Qualified Medical Marijuana Patients,
Allowances under Prop. 64
California voters legalized recreational use of marijuana on Nov. 8 by approving Prop. 64, called the Adult Use of Marijuana Act . Under Prop. 64 each county and city in California may place “reasonable” restrictions on marijuana cultivation for personal use but may not completely ban cultivation of up to six plants. Prop. 64 allows an adult, 21 years of age or older, to cultivate six plants inside a private residence or within a locked area on the grounds of the private residence in an area that is fully enclosed, locked, and not visible from a public place. Under Prop. 64, no more than six marijuana plants may be cultivated per private residence, no matter how many people live there.
More than a year before the Prop. 64 vote, the Board of Supervisors approved Riverside County Ordinance 925 . The ordinance prohibits marijuana cultivation in the unincorporated area, i.e., outside city boundaries. Ordinance 925 includes a limited exemption from enforcement for qualified medical marijuana patients and their primary caregivers. Because the prohibition under Ordinance 925 remains in effect today, cultivating marijuana in unincorporated Riverside County remains illegal, beyond the limited exemptions in Ordinance 925 and Prop. 64.
Under Ordinance 925, individual qualified patients and primary caregivers may cultivate up to 12 plants, for medical purposes only, on a parcel where the patient or caregiver resides. To qualify for the exemption, the qualified patient or primary caregiver must meet ALL the requirements listed in Section 12 of the ordinance.
Please review Ordinance 925 to ensure you understand the cultivation prohibitions in unincorporated Riverside County.
If an individual cannot meet ALL the requirements listed in Section 12 of Ordinance 925, then the provisions of Prop. 64 govern cultivation. In that case, a resident of a property who is at least 21 years old can cultivate only six marijuana plants indoors or in a fully enclosed locked area, and no other marijuana plants may be grown on the property.
Additionally, all marijuana dispensaries remain prohibited in unincorporated Riverside County under Sections 3.3 and 3.4 of Ordinance 348 .