Prevent Marijuana Diversion To Illegal Market

The bill places a cap on the number of plants that can be possessed or grown on a residential property at 16 plants unless a local jurisdiction permits possessing or growing more than 16 plants. The criminal penalties for violating the cultivation limit are:

• A level 1 drug petty offense for a first offense if the offense involves more than twelve plants, punishable by a fine of up to one thousand dollars;
• A level 4 drug felony for a second or subsequent offense if the offense involves more than twelve but not more than thirty plants; or
• A level 3 drug felony for a second or subsequent offense if the offense involves more than thirty plants.

A medical marijuana patient or primary caregiver who cultivates more than 16 plants must cultivate the plants in compliance with applicable city, county, or city and county law.

The bill requires a patient or primary caregiver cultivating medical marijuana to comply with all local laws, regulations, and zoning requirements.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)