Growing one’s own marijuana should not require a permit: Sal Rodriguez

By Sal Rodriguez

By approving Proposition 64 in November, California voters made clear they no longer wished to squander public resources criminalizing recreational marijuana.

The measure laid the foundation for regulation of commercial marijuana activity, removed criminal penalties for possession and authorized the growing of up to six plants for personal use in one’s own home.

Prop. 64 provides local governments discretion in how they apply the measure. Though police may not arrest people for simple possession or personal cultivation, local governments do have the authority to restrict commercial activity. They also have the power to “reasonably regulate,” without prohibiting, the cultivation of marijuana in anyone’s home for their own use.


The measure does not require cities and counties to “reasonably regulate” personal cultivation, however, and local governments are free to simply allow people to grow marijuana for their own use in their own homes without inserting themselves into the equation.

Governments being governments, however, some Inland cities have decided to involve themselves in people’s personal choices via the favored tool of local busybodies: the permit. Ostensibly, permits ensure the health, safety and welfare of the public by providing a level of oversight — whether they actually accomplish anything other than giving government workers something to do isn’t clear.


In the case of personal marijuana cultivation, some cities have chosen to require permits to grow marijuana in one’s own home. Indian Wells, Fontana and San Jacinto have pursued permitting.

In Indian Wells, the city rushed to impose a permit requirement within weeks of Prop. 64’s passage. So far, no one has taken the city up on its $141 permit, background check and home inspection requirements.

Last month, Fontana and San Jacinto decided to get involved. Fontana is requiring a $411 permit fee, with a background check and on-site visit requirements. “This town has been a town of safety,” Fontana Mayor Acquanetta Warren told the Orange County Register. “And we’re trying with this initiative to make sure that we keep our residents safe — particularly our young people.”


San Jacinto approved similar requirements. Applicants may be subject to Live Scan fingerprinting and cannot have any outstanding payments due to the city. Fines may be imposed and permits revoked for any violations of the conditions of the permit system.

It will likely come as no surprise that not very many people will come forward and agree to subject themselves to superfluous paperwork just to grow marijuana in their own homes.

And fundamentally, this is a matter that doesn’t require government involvement. If someone wants to grow marijuana in their own home, without harming anyone or depriving anyone of their freedom, they should be free to do so.


In a free society, adults shouldn’t need government permission to do what they wish in their own homes. Fortunately, most cities haven’t required permits for personal cultivation. “Hemet does not intend to require a permit for such growers,” reported The Press-Enterprise, “as assistant city attorney Erica Vega said the permit process will be hard to enforce and open the city to litigation.”

So long as the federal government maintains a hands-off approach to states making their own marijuana laws, we may soon approach the point that we should have long ago where marijuana isn’t such a big deal.


We’ve wasted billions of dollars fighting a losing battle against an intoxicant no more consequential than alcohol. It’s time we let go of our outdated, oversized fear of a plant.