MARIJUANA GARDENING

Indoor growing has become increasingly common over the past decade because of the increased availability of equipment, seeds and instructions on how to cultivate. So-called grow-ops (growing operations, often located in grow houses) are seen by many marijuana enthusiasts as a much cheaper way to gain a steady, higher-quality supply of cannabis. On a larger scale they have proven a viable commercial venture, with some law enforcement agencies finding grow-ops large enough to yield several kilograms of cannabis. More expansive grow-ops are generally more susceptible to detection than smaller operations.

MARIJUANA GARDENING

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Medical marijuana patients 18 years and older will be able to grow up to 3 mature and 3 immature plants at home starting October 1, 2021, with a cap of 12 total plants per household. All adults over age 21 will be able to grow under the same rules starting July 1, 2023. Plants must be grown indoors and must not be visible from the street. People who choose to grow their own plants must do so in their primary residence and where individuals under 21 can not access the plants.

Cannabis sativa is the scientific name of the plant that includes both hemp and marijuana. It is one of the oldest cultivated plants in human history and has been grown for seed, fiber, oil, and medicine. There are generally three recognized subspecies (C. sativa subsp. sativa, C. sativa subsp. indica, and C. sativa subsp. ruderalis) and hundreds of varieties within Cannabis, each with unique characteristics.

Hemp and marijuana are closely related types of Cannabis that are often referred to as high and low THC cannabis. The difference between them is similar to the difference between sweet corn and field corn. Both are Zea mays, but sweet corn makes high-sugar kernels, and field corn makes starch-filled kernels. Sweet corn and field corn differ by only a few genes. Similarly, hemp and marijuana differ by only a few genes.

Hemp is the common name for Cannabis varieties that have been genetically selected to have a THC content less than 0.3%. Since this THC level is low, hemp does not provide the psychoactive effect that marijuana does. Instead, hemp is grown primarily for CBD and other cannabinoids, and to a lesser extent, for its durable fiber and nutritious seed. The value of the crop varies depending on the intended use and the supply. Prior to the 2018 hemp market boom, gross returns were about $12,500, $1,300, and $750 per acre for CBD, fiber, and seed, respectively (Schluttenhofer & Yuan, 2017). Prices for CBD increased in 2018 to about $4.00 per percentage CBD per pound but then crashed to about $0.75 in 2019 to the present (personal communication with Utah hemp processors). Still, many in the industry predict that prices will stabilize in 2021. Due to this volatility, it is difficult to report current average prices. Prices vary greatly according to the intended end use, region, and specific contracts with buyers. Furthermore, state and national hemp prices are not tracked like other commodities, so it is difficult to find published reports of prices over time.

Adult-use marijuana, Mass. Cannabis Control Commission.Resources outlining Massachusetts laws regarding Recreational Marijuana including information on: who can buy, who can use, how much you can carry on you, how much you can grow, where you can legally consume, a dispensary list, how to store marijuana, and violations and penalties.

Comm. v. Keefner, 461 Mass. 507 (2012).The law which "decriminalized possession of one ounce or less of marijuana, did not repeal the offense of possession with intent to distribute marijuana, ... where the amount of marijuana possessed is one ounce or less."

Comm. v. Long, 482 Mass. 804 (2019)"The overwhelming odor of unburnt marijuana wafting from a large, windowless, cinder-block warehouse, ... in a place where marijuana cultivation was not allowed under State law; evidence of an apparent break-in; and two isolated vehicles parked in what police officers viewed as a suspicious manner after ordinary business hours ... was sufficient to support a finding of probable cause to search a warehouse for evidence of illegal marijuana cultivation."

Comm. v. Richardson, 479 Mass. 344 (2018)Addresses the prosecution of a person for trafficking in marijuana where that person was legally permitted to grow marijuana for medical purposes. Includes new model jury instructions.

Can my financial aid be affected by marijuana use? and other marijuana-related concerns for college students, MassLive, April 2019.Even though recreational use is legal in Massachusetts, use by college students can cause "a major legal headache and the potential loss of financial aid if a student does not follow the law."

Cannabis and the workplace: an overview of employees rights, Boston Lawyer Blog, Zalkind, Duncan & Bernstein.A thorough discussion of employees rights in regard to drug testing and recreational and medical marijuana.

The production and processing of commercial recreational and medical marijuana are regulated by Jackson County Land Development Ordinance chapter 3.13. For marijuana extraction regulations, please contact Development Services for specific details.

Many regulatory agencies have jurisdiction over various areas of marijuana production. We encourage you to familiarize yourself with each agencies regulations by visiting their websites. There are links to additional resources and other agencies on the lower right side of this page.

Marijuana grow sites with more than ten (10) plants are considered commercial. In general, homegrown recreational or medical marijuana is equal to four (4) recreational plants and up to six (6) mature medical plants as allowed by State Statute.

No. Commercial marijuana grow sites are prohibited from using any temporary materials to screen a marijuana grow site. This also includes tarps, hay bales, plastic sheeting or any other material that may easily detach or breakdown.

The land use application process requires the applicant to disclose a lawful source of water. This can be in the form of a water right, irrigation contract or water delivery service contract. If an approved marijuana grow site is found to be in violation of the water conditions set forth in the land use approval, civil enforcement action may be taken.

Water for cultivation/growth of marijuana, whether in a greenhouse or not, does not require a water right permit provided that the irrigation is no more than one-half acre in area and the cultivation is non-commercial. Use of groundwater to grow marijuana plants where there is intent to profit requires a water right issued by the Oregon Water Resources Department. Please contact the District 13 Watermaster at (541)774-6880 if you have questions or visit our web page at

Security cameras may only be used to capture the subject property and public rights-of-way, except as required to comply with State licensing requirements. All security camera use in commercial marijuana grow sites are subject to review to ensure compliance with this standard.

Medical marijuana growers are required to comply with laws pertaining to water use as administered by the Oregon Water Resources Department (OWRD) and shall maintain records as necessary to demonstrate compliance. (OAR 333-008-0550(16))

However, marijuana consumption and possession (including medical marijuana) remains prohibited in public and certain other locations. It is also prohibited under federal law on all federal lands and waters.

Adults may cultivate up to two mature marijuana plants and two seedlings for private use in a private residence, subject to certain restrictions. (Medical marijuana cardholders may cultivate up to four mature plants and four seedlings). The plants may not be visible to the public.

In addition to continuing the Montana Medical Marijuana Program, the Department of Revenue issues separate licenses for marijuana cultivators, manufacturers, dispensaries, transporters, and testing laboratories.

No. From January 1, 2022, until July 1, 2023, only Montana medical marijuana licensees who were licensed on November 3, 2020 (or had an application pending with DPHHS on that date) may be issued a license for cultivation, manufacture, or sale of adult-use marijuana.

Yes. In a county where the majority of voters opposed Initiative 190, adult-use sales will be allowed if that county holds an election and a majority of the voters choose to allow marijuana businesses to operate in that jurisdiction.

In a county where the majority of voters supported Initiative 190, certain marijuana businesses could be prohibited if that county holds a local election and a majority of the voters choose to prohibit that type of business from operating.

Requests for authority to cultivate medical marijuana on behalf of a qualifying patient may be made by submitting a qualifying patient or primary caregiver application, or may be made at any time after a patient/caregiver ID is approved, so long as the ID card is still active and not expired.

Per Article XIV, only two qualifying patients, who both hold valid qualifying patient cultivation identification cards, may cultivate marijuana plants in one cultivation space, for a total of 12 flowering plants.

Primary caregivers cultivating marijuana for more than one qualifying patient may cultivate each respective qualifying patient's flowering plants in a single cultivation space, not to exceed a total of twenty-four (24) flowering plants for more than one qualifying patient.

Arapahoe County has adopted regulations regarding marijuana use, and your city or town may have adopted regulations as well. We are providing this information for your convenience and it does not serve as legal advice. This web page is updated periodically, but it may not reflect all current information you need to know.

It is your responsibility to confirm and understand State and County regulations related to using, growing and transporting marijuana and to educate yourself on safe practices. Please protect children and pets from accidental ingestion and exposure and be a courteous neighbor. 041b061a72