(3) Notwithstanding paragraph (3) of subdivision (a) of Section 11362.1, a city, county, or city and county may completely prohibit persons from engaging in actions and conduct under paragraph (3) of subdivision (a) of Section 11362.1 outdoors upon the grounds of a private residence.
While literally anyone can throw a seed outside and let Mother Nature do the rest, Prop. 64 does not grant the right to simply plant a seed in the ground and let it grow. In fact, since Prop. 64 gives cities and counties broad rights to ban outdoor growing – and, to show their opposition to the initiative, 75 percent of local governments already have, or are considering bans – the majority of Californians will only have the option to grow indoor. But indoor cultivation requires careful attention to every minute detail – from temperature, to humidity, to nutrients, to pests; not to mention sophisticated knowledge of horticulture. And growing indoors requires written consent from the landlord, a dedicated space and carries extremely high potential for creating mold.
(3) Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time.
If you take advantage of the privilege to grow six plants, but you live with a roommate who also grows a plant or two, you both will be criminals under Prop. 64. And the punishment for growing seven plants or more under so-called “legalization”? A harsh six (6) months in jail and/or a $500 fine – unless you have certain prior convictions, in which case Prop. 64 allows for prison time – actual state prison, not county jail – for two, three or four years... for growing a plant that would be “legal.”
(d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living marijuana plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if: (1) the person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code.
And since Prop. 64 allows cities and counties to override state law by “allowing local governments to regulate marijuana-related activities” (Section 2, E), what is legal for the rest of the state might be banned for you – including simple possession. So, unless you live in one of the rare localities that permits outdoor cultivation, you'd better school yourself on synthetic nutrients, hydroponic growth mediums and industrial lighting, all of which have significant start-up costs and will increase your PG&E bill substantially.