What will this Proposition let me do?

I hear a lot of people expressing concerns and questions about what Proposition 19 has to say about growing your own marijuana. Can you grow it? Can you keep it? Can you consume it, transport it, sell it?

Can I grow my own?

Let's start with cultivation. Section 3 of Proposition 19 clearly states that, for anyone over 21, it shall be "lawful and shall not be a public offense" to

Cultivate, on private property by the owner, lawful occupant, or other lawful resident or guest of the private property owner or lawful occupant, cannabis plants for personal consumption only, in an area of not more than twenty-five square feet per private residence or, in the absence of any residence, the parcel. Cultivation on leased or rented property may be subject to approval from the owner of the property. Provided that, nothing in this section shall permit unlawful or unlicensed cultivation of cannabis on any public lands (Section 11300(a)(ii)).

In plain English: anyone over 21 can grow as much as they want in a 25-square-foot area for personal consumption, on your own private property, rented or owned, provided, if rented, it's okay with your landlord.

The next section adds that it is also legal to "Possess on the premises where grown the living and harvested plants and results of any harvest and processing of plants lawfully cultivated pursuant to section 11300(a)(ii), for personal consumption" (Section 11300(a)(iii)).

Now, some people ask, doesn't that conflict with Section 11300(a)(i), which says it is lawful to, "Personally possess, process, share, or transport not more than one ounce of cannabis, solely for that individual’s personal consumption, and not for sale"?

The answer is, no. Nowhere do any of the subsections of 11300(a) state activities which will now be illegal, only activities which will now be legal. Section (i) states that possession, processing, sharing, and/or transporting up to one ounce of cannabis for your personal consumption is legal. If there were no further clarification, it would be reasonable to assume that that were the limit, and, under normal circumstances, it would be. But Section (iii) further clarifies that if you grow your own, you are entitled to possess all the fruits of your harvest, provided it complies with Section (ii)'s provisions for growing, and, for those of you not conversant with marijuana cultivation, twenty-five square feet yields a hell of a lot more than a single ounce.

So, what can you do with all that cannabis? Sell it?

Well, that's up to your local government. Section 11301 lists a number of various ways the county, city, and municipal governments of California can regulate the commercial aspects of cannabis within their jurisdictions. They cannot override Section 11300-- that is, they can't make it illegal for you to possess up to an ounce, or for you to grow your own as just discussed. However, they can choose not to allow the sales or public consumption (such as hash bars) in their jurisdictions. They cannot prevent you from traveling outside their jurisdiction to obtain it legally elsewhere. You will have to obtain a license for commercial growing and selling, and comply with all local statutes concerning zoning and so forth.

What's to stop some big corporate interest from just taking the whole thing over?

Rumors are rampant concerning big business's secret long-term plans for cashing in on the end of cannabis prohibition. And no one ever accused Big Alcohol or Big Tobacco of being stupid, so I wouldn't be surprised if the rumors were true. However, Proposition 19 only ends prohibition in California; it has no effect on federal laws and agencies, which still list marijuana as a "Schedule I" drug with no medical benefits, contrary to the position of such groups as the American Medical Association. These companies may be greedy and without scruples, but they hardly wish to get busted by the DEA for massive marijuana cultivation operations. My expectation is that they will stay clear until the federal courts have ruled definitively, one way or another. And that will give the smaller, local growers a chance to get established. Come on, everyone, this is California; boutique stores that specialize in organic, locally-grown stuff flourish here. There is plenty of room for both.

Wait-- DEA? I thought it would be legal?

Unfortunately, as mentioned in the last paragraph, as a California state ballot initiative, Proposition 19 only has the power to end cannabis prohibition in California. State and local police will no longer enforce marijuana prohibition, but Proposition 19 has no authority or jurisdiction outside California, and no authority to change federal laws or agency policies concerning marijuana. So, yes, you can still be arrested under federal drug laws and sent to federal prison for growing, buying, selling, or possessing any amount of cannabis. However, the DEA and other federal agencies have limited budgets, and the entire country (and out of it) to police. The Obama administration has specifically directed federal agencies to cease raiding patients in states that permit medicinal marijuana use, and as far as I know, there have been no federal busts in the state of California since July of 2009. While this is certainly no indication of future policy should Californians vote Proposition 19 into law this November, it does show, I believe, that the Obama administration understands, at least to some degree, its limits in this regard. If you're making plans to rent a warehouse on November 3 and go to town, you may be target. But if you just want to grow enough to supply yourself, the DEA absolutely does not have the money or manpower to go after every single California resident who keeps a twenty-five-square foot marijuana garden in his backyard or spare bedroom, nor do they really have the motivation; you are not a dealer or distributor of any kind, let alone a major one; you represent no major victory to them.