Different Types of Cannabis
The common ground between marijuana and hemp is that they’re both cannabis plants that share the same botanical name, Cannabis sativa. The difference is that they’re simply two varieties of cannabis. Because both hemp and marijuana are members of the same plant family, they share botanical similarities, but because they’re two distinct plants within the same species, they also have distinct differences.
The two plants look so similar that the untrained eye may not be able to discern the difference. Beyond their physical similarities, however, they have different phytochemical attributes. Phytochemicals are the unique chemical compounds that different types of plants naturally produce. And it’s the primary chemical compounds produced by these two varieties of cannabis plants, called phytocannabinoids, which determine the legality of growing each of them.
Hemp plants chiefly produce cannabidiol, commonly known as CBD, and marijuana plants mainly produce Delta-9-tetrahydrocannabinol, commonly known as THC. Although both plants produce both of these chemicals, marijuana plants produce a much higher level of THC, which is classified as a psychoactive substance. Because the CBD produced by hemp plants is not classified as a psychoactive substance, hemp cultivation is not under the same legal mandates as marijuana cultivation.
California Personal vs. Commercial Cultivation
Cannabis cultivation is legal in
Cultivation, as defined by California Business and Professions Code Section 26001, includes planting, growing, harvesting, drying and curing cannabis plants.
California Medicinal Cannabis Cultivation
In 1996, the passage of Proposition 215 resulted in the Compassionate Use Law (California Health and Safety Code Section 11362.5), which legalized the cultivation of marijuana for medicinal use. This law made it possible for many patients with critical medical conditions, including cancer, AIDS and glaucoma, to receive physician-approved marijuana treatment. At a physician’s recommendation, even patients who are 18 years of age or younger may use medical marijuana with a parent’s consent.
Medicinal cannabis cultivation specifics allow patients and their primary caregivers to grow marijuana for physician-recommended medical treatment. A primary caregiver, as defined in Health and Safety Code Section 11362.5 is someone designated by the patient who has consistently assumed responsibility for the housing, health or safety of that person.
Read More: California Marijuana Cultivation and Manufacturing Laws: Overview
California Commercial Cannabis Cultivation
Regulations for commercial cannabis cultivation are delineated in California Business and Professional Code Sections 26000 through 26250. These guidelines mandate all facets of the commercial cannabis industry, including selling, cultivating, possessing, manufacturing, distributing, processing, storing, laboratory testing, packaging, labeling, transporting and delivering cannabis and cannabis products. Delivery of cannabis includes making commercial transfers to customers, as well as fulfilling technology platform deliveries.
All commercial manufacturers must be licensed by a state-credentialed and state-authorized agency. These state agencies have the power to issue, renew and reinstate licenses for eligible licensees, and they can also take disciplinary action against offenders.
California Commercial Cannabis Licensing Law
Prior to the adoption of the California Department of Food and Agriculture’s final licensing regulations for the commercial cannabis industry with the passage of the
With a testing laboratory license, the licensee can offer or perform tests on cannabis and cannabis products for commercial activity. A testing laboratory must be licensed and accredited by a third-party independent agency outside the commercial cannabis industry. Testing laboratories include laboratories, facilities or other state agencies.
Personal-Use Cannabis Cultivation
Individuals who cultivate marijuana plants must be at least 21 years old, and the personal-use cultivation limit is six plants. This six-plant maximum is for each individual private residence, regardless of how many people live at the residence. For example, spouses who live at the same address can only grow a collective number of six plants, not six plants each.
Unless local laws mandate otherwise, individual growers must cultivate plants indoors or in an outdoor location, including an accessory structure to their private residence, in a secured area that is not visible from public view.
Medicinal-Use Cannabis Cultivation Details
California Health and Safety Code Section 11362.77 allows eligible patients and their primary caregivers to cultivate 12 immature plants in addition to the six allowable mature plants for individual growers. Patients whose medical needs exceed this number of plants may possess and cultivate as many plants as required to meet these needs, at the recommendation of their physician.
Additionally, each patient and his eligible caregiver may possess up to 8 ounces of dried cannabis, consisting of the dried mature flowers of female plants. It’s these flowers that contain the highest levels of THC.
Differences in Local Cultivation Ordinances
Because marijuana cultivation in
- Business Insider: States Where Marijuana is Legal
- Harvard Health Publishing, Harvard Medical School: Answers to the Top Questions About Cannabis Extract
- Atlas of Florida Plants: Cannabis Sativa
- The University of Vermont: Cannabis as a Plant - Taxonomy and Chemistry
- Shouse California Law Group: Is There Still Medical Marijuana in California After Legalization?
- California Legislative Information: Code Sections 26000-26002
- California Legislative Information: Code Sections 11357-11362.9
- California Department of Food and Agriculture: CalCannabis Cultivation Licensing Fact Sheet
- Shouse California Law Group: Health & Safety Code Section 11358 HS - Cultivation of Marijuana in California
- California Legislative Information: Code Section 11362.77
- County of Sonoma California: Sonoma County Cannabis