Twenty-two states allow for some form of cannabis home cultivation.
Sixteen out of the nineteen states that have legalized cannabis (plus Washington, DC) have legal personal cannabis home growing provisions for adults. Six more states allow medical cannabis home growing and a number of states have decriminalized or reduced penalties where only a fine is issued.
Currently, New Jersey is the only state that has legalized cannabis with no personal growing provisions, even for registered patients and still considers it an indictable offense.
These are the current jurisdictions that allow cannabis home cultivation with links to coinciding laws.
Note: Along with legal and medical plant counts, -Alaska provides for up to 24 plants per residence through privacy laws in their state constitution. -California possession of 6 plants or more is a misdemeanor with 6 months and a $500 fine. -Connecticut as of July 1, 2021, cultivation of up to 3 mature and 3 immature plants (first offense) - written warning; and cultivation of up to 3 mature and 3 immature plants (2nd offense) - Civil Offense $500; cultivation of up to 3 mature and 3 immature plants (subsequent offense) - Misdemeanor $500. -Illinois decriminalizes possession of 5 plants or less with a civil penalty of up to $200. -Michigan decriminalized 12-24 plants with a fine of $500 and more than 25 plants is a misdemeanor. -Virginia possession of more than four marijuana plants but no more than 10 is a a civil penalty of $250 for a first offense, a Class 3 misdemeanor for a second offense, and a Class 2 misdemeanor for a third and any subsequent offense. Possession of more than 10 but no more than 49 marijuana plants is a Class 1 misdemeanor. • Alaska allows 6 plants (no more than 3 mature) per adult in household legally with no more than 12 plants (no more than 6 mature) per residence and up to 24 plants in a residence for personal use is protected conduct by a right-to-privacy marijuana provision in their state constitution.
• Arizona allows 12 plants medically and only if patient lives 25 miles from a dispensary and 6 plants (with no more than 12 plants per residence) legally.
• California allows 6 plants medically, or plant count depending on medical necessity and local laws and 6 plants legally including all harvested from those plants within a single private dwelling residence.
Medical/Adult-use: https://cannabis.ca.gov/cannabis-laws/laws-and-regulations/ • Colorado allows 6 plants (no more than 3 mature) medically and legally with a maximum of 12 per residence. Plant count depends on medical necessity and local laws.
• Connecticut allows 6 plants medically beginning October 1, 2021 and legally beginning July 1, 2023 and as of July 1, 2021, cultivation of up to 3 mature and 3 immature plants is decriminalized with a first offense, a written warning; 2nd offense, a Civil Offense with a $500 fine; and any subsequent offense, a misdemeanor with a $500 fine. Medical/Adult-use: https://portal.ct.gov/cannabis/Knowledge-Base/Categories/Basic-Information-and-the-Law/Home-Grow
• Hawaii allows up to 10 plants whether immature or mature medically depending on necessity with no more than five (5) qualifying patients per location.
• Illinois allows 5 plants medically and up to 5 plants is decriminalized with a civil penalty of up to $200 under legalization.
• Maine allows 6 mature marijuana plants, 12 immature marijuana plants and unlimited seedlings medically and 3 mature plants, 12 immature plants and unlimited seedlings and all harvested from the plants legally.
• Massachusetts allows 6 plants per adult and no more than 12 per residence legally and up to 24 plants (12 flowering and 12 vegetative and unlimited clones) medically.
Medical: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter94I https://masscannabiscontrol.com/wp-content/uploads/2022/04/210416_Medical_Use_Regulations.pdf
• Michigan allows no more than 12 plants with no more than 10 ounces medically and legally.
• Missouri allows up to six (6) plants, six (6) nonflowering marijuana plants (over four-teen (14) inches tall), and six (6) clones (plants under fourteen (14) inches tall) at any given time in a single, enclosed locked facility medically. Two patients may share one facility with no more than twelve (12) flowering marijuana plants, twelve (12) nonflowering plants, and twelve (12) clones may be cultivated in a single, enclosed locked facility, except when one (1) of the qualifying patients, as a primary caregiver, also holds a patient cultivation identification card for a third qualifying patient, in which case that primary caregiver may cultivate six (6) additional flowering marijuana plants, six (6) additional nonflowering marijuana plants, and six (6) additional clones for a total of eighteen (18) flowering marijuana plants, eighteen (18) nonflowering marijuana plants, and eighteen (18) clones in a single, enclosed locked facility.
• Montana allows a patient if they have not named a provider/dispensary to possess 4 mature and 4 seedlings medically and allows 2 mature plants and 2 seedlings and 4 per household legally.
• Nevada allows 12 plants medically if cardholders fall into one or more of the following exceptions: If there is no dispensary in the county where your live or you do not live within 25 miles of a dispensary; If there was no dispensary operating within 25 miles of where you live when you first applied for your card and have not had a lapse in your registration ; If you are unable to travel to a dispensary due to illness or lack of transportation ; and If the dispensaries in the county in which you live are unable to supply the strain of marijuana necessary for your medical condition and 6 plants with no more than 12 plants per residence and possess all of harvested from those plants legally and with limits if the adult lives within 25 miles from a dispensary.
• New Mexico allows no more than 4 mature plants and a combined total of 12 seedlings and male plants medically and 6 plants legally with no more than 12 per household.
• New York allows 6 plants (3 mature and 3 immature) with a maximum of 12 plants per household (6 mature and 6 immature) medically (starting October 5, 2022) and legally (18 months after the first adult-use retail sale).
Medical: https://cannabis.ny.gov/system/files/documents/2022/09/medical-cannabis-home-cultivation-faqs.pdf Adult-use: https://cannabis.ny.gov/adult-use https://legislation.nysenate.gov/pdf/bills/2021/s854a
• Oklahoma allows 12 plants (6 mature and 6 seedlings) medically.
• Oregon allows 6 mature plants and 12 seedlings medically and 4 plants legally.
• Rhode Island allows 12 mature and 12 seedlings medically. Also 2 or more patients may cooperatively cultivate 24 mature marijuana plants and 24 seedlings residentially and 48 mature marijuana plants and 48 seedlings non-residentially and 6 plants (3 mature and 3 immature) per dwelling legally.
Medical: https://rules.sos.ri.gov/regulations/part/230-80-05-1 Adult-use: http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7593.pdf • South Dakota allows three plants at minimum, or another amount as prescribed by a physician with no more than six plants per residence medically.
• Vermont allows no more than 2 mature plants and 7 immature plants medically and 2 mature plants or 4 immature plants legally.
Medical: https://medicalmarijuana.vermont.gov/patients-and-caregivers#cult%20and%20purchase Adult-use: https://legislature.vermont.gov/Documents/2018/Docs/BILLS/H-0511/H-0511%20As%20Passed%20by%20Both%20House%20and%20Senate%20Unofficial.pdf • Virginia allows 4 plants per household legally as of July 1, 2021.
• Washington allows up to 15 plants depending on medical necessity or as a member of a cooperative medically with 6 plants and possess up to 8 ounces of yield and no more than 15 plants per residence yielding up to 16 ounces. Personal marijuana home grows are currently prohibited under Washington State law without a medical marijuana authorization (authorization).
A qualifying patient with an authorization may grow up to 4 plants within their domicile, home or property away from public view (see RCW 69.51A.260).
A qualifying patient who is registered in the Medical Marijuana Authorization Database and has a recognition card (card) may grow 6 to 15 plants, depending on their healthcare practitioner's recommendation. The number of plants recommended is specified on the qualifying patient or designated provider's authorization and card.
Note: No more than 15 plants may be grown or located in any one housing unit even if multiple qualifying patients or designated providers reside in the housing unit. The only exception will be for registered cooperatives established pursuant to RCW 69.51A.250.
• Washington, DC allows 6 plants (no more than 3 mature) legally.
Information provided by NORML.com.