Where in the USA is Cannabis Legal to Grow?

Published Nov 07, 2020

It’s easy to find which US states have legalized weed, but harder to determine where it’s legal to grow your own weed at home. I decided to put that information in one place. I’m not a lawyer or legal expert, but I’ve compiled information about growing laws in the United States. I’ve included further resources so you can delve deeper into your local laws. If you have any doubt whatsoever, I always recommend talking to a lawyer before you decide to start growing weed.

~Nebula Haze

P.S. Learn where growing weed is legal in other parts of the world.

Map Last Updated April 2, 2021

FOR INFORMATIONAL PURPOSES ONLY, WE ARE NOT LAWYERS OR LEGAL EXPERTS ON CANNABIS GROWING LAWS. PLEASE DO YOUR OWN RESEARCH AND CONSULT A LAWYER BEFORE YOU START GROWING WEED. LAWS CHANGE!

 

About Cannabis Laws in the USA

While cannabis is illegal at the federal level in the USA, many states have enacted various levels of legalization. It is extremely rare for individual people to be targeted by federal law enforcement if they are legal in their own state, however IT IS POSSIBLE.

I highly recommend the Marijuana Moment newsletter to stay up to date with the latest legalization news in the United States. NORML is another great source of current news about U.S. cannabis legalization.

WARNING: LAWS CHANGE. Click the state link for more information about what’s currently going on in your state. Here are laws for home marijuana cultivation in the United States:

Cannabis is Legal for Adults & Growing is Legal

  1. Alaska – Adults (21+) may grow up to six (6) marijuana plants (no more than three mature) for non-commercial purposes. Plants must be hidden from public view. You may possess up to 1 ounce, and gift up to 1 ounce. You may use, display or possess up to 4 ounces if it’s for personal use and is only used inside your private residence. Please note, possession of more than 4 ounces in your home is still a felony. Alaska has legalized medical marijuana, but the restrictions for patients aren’t any less strict.  Learn more.
  2. Arizona – Personal possession and home cultivation were legalized November 3, 2020. Arizona adults 21 and older can legally possess up to 1 ounce of cannabis and grow up to six plants. Plants may not be viewable to the public and must be in a lockable, enclosed area like a closet or greenhouse.
  3. California – Proposition 64 permits adults over 21 years of age to legally grow up to six (6) plants, including all of the harvest from those plants. California also has legalized medical marijuana, and patients with a doctor’s recommendation have no specific cultivation limits under state law, though check for any local ordinances (note: local ordinances are not allowed to reduce plant limits below six mature or 12 immature cannabis plants plus eight ounces of dried cannabis per patient). If you believe you are eligible for a recommendation, you might want to get one so that you don’t have to worry about plant limits. You also pay significantly lower taxes when purchasing legal weed if you have a medical recommendation. They’re incredibly easy to get now that weed is legal for all adults, so search for “medical recommendation california” into google to get one). Learn more about California’s laws.
  4. Colorado – For adults who are at least 21 years old, there is no penalty in Colorado for persons who privately cultivate up to 6 marijuana plants, with no more than 3 being mature. Colorado also has medical marijuana laws that allow for home cultivation, but the plant restrictions are basically the same. Learn more.
  5. Northern Mariana Islands (Commonwealth of the Northern Mariana Islands) – Due to the Taulamwaar Sensible CNMI Cannabis Act of 2018, registered adults may typically cultivate no more than six mature and 12 immature plants per household or cultivation location. Learn more.
  6. Guam – Adults (21+) can legally possess and transfer up to 1 ounce of flower or 8 grams of concentrates. Adults may privately cultivate up to six (6) cannabis plants, of which no more than three (3) can be mature. Grow must be in an “enclosed, locked space.” Learn more.
  7. Maine – An adult may cultivate up to 3 flowering marijuana plants, 12 immature plants, and unlimited seedlings. An adult may possess all the marijuana that was produced by the plants. Otherwise, adults can possess up to 2.5 oz. Marijuana must be consumed on private property or in a private residence. Maine has legalized medical marijuana, and patients may possess up to 6 mature plants. Learn more.
  8. Massachusetts – An adult may grow six (6) marijuana plants at the adult’s primary residence with a limit of a total of twelve (12) plants at the residence. Plants must be hidden from public view. Learn more.
  9. Michigan – An adult may grow up to 12 marijuana plants at the adult’s residence for personal use. Plants must not be visible to public view. Learn more.
  10. Montana – Home cultivation was legalized on November 3, 2020. Adults 21+ may grow up to four mature marijuana plants and four seedlings at a private residence. Any amount over 1 oz must be kept in a locked space and not visible from a public place. You must own the residence where the plants are being cultivated or obtain written permission from the owner.
  11. New York – Adult-use allowed. Home cultivation will become legal after a delay that depends on further legislation (home grow will be legal by April 2023 at the latest).
  12. New Mexico – Adult-use allowed. Adults over 21 may have up to 2 ounces of marijuana. Adults can grow six plants at home, or up to 12 per household.
  13. Nevada – Check with a lawyer before growing in Nevada. Question 2 permits adults who are not participating in the state’s medical cannabis program to legally grow up to six marijuana plants, and to possess all of the harvests from those plants, if they reside 25 miles or more away from an operating marijuana retailer. No residence may have more than 12 plants at any one time. Medical cannabis patients in Nevada can cultivate up to 12 mature plants, though there are some limits if the patient resides within 25 miles of an operating dispensary. Learn more.
  14. Oregon – There is no fine or penalty for the cultivation of up to 4 plants grown at home. Medical patients can grow up to six mature plants and 18 immature seedlings. Learn more.
  15. South Dakota is in legal limbo – Legalization initiative is currently struck down by a judge but on appeal. Home cultivation was approved by voters on November 3, 2020 and adults 21+ would have been able to possess and distribute up to 1 ounce of weed and cultivate up to three cannabis plants. There is one town in South Dakota where you can walk in and buy cannabis with a medical recommendation from any state (or they will give you one on site).
  16. Washington, DC (District of Columbia) – Adults 21 and older may cultivate up to six marijuana plants (no more than three mature at any one time) in their primary residence without penalty. Small amounts can be gifted if not for profit. Learn more.
  17. Vermont – As of July 1, 2018, adult cultivation in private of up to six marijuana plants (two mature and up to four immature) is no longer punishable by a criminal or civil penalty. You may possess all the marijuana that you grow. Medical patients in Vermont can grow up to nine plants, but only two may be mature. Learn more.
  18. Virginia – Adults over age 21 can possess up to 1 oz of cannabis and cultivate up to 4 plants per household in their primary residence. However, only medical users can currently legally buy cannabis. Retail sales of cannabis to adults is expected to begin by 2024. Learn more.

Cannabis is Legal for Adults (But Growing is Not Allowed?!)

This type of legalization is shameful. Big companies profit from selling cannabis to adults, but adults are jailed for growing their own weed.

  1. Connecticut – Although it’s legal for adults to have possession of up to 1.5 oz in public and 5 oz of weed in private, home cultivation is illegal. The medical marijuana program does not offer home cultivation either.
  2. Illinois – Possession legal for of up to 30g of cannabis is legal for adults 21+. However, adults who grow 5 plants or less for personal use will receive a “violation” with a $200 fine. Medical marijuana patients may grow up to 5 plants for personal use. Learn more about medical marijuana in Illinois.
  3. New Jersey – Cannabis possession was legalized for adults on November 3, 2020, but only businesses can grow weed. No home cultivation for medical marijuana patients either.
  4. Washington – While it is legal to purchase and use cannabis in Washington state, cultivation for either personal use or distribution is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses. There are exceptions for medical marijuana patients, who may cultivate up to 6 plants at home and possess up to 8 ounces of marijuana they grew themselves. Learn more.

Growing is Only Legal for Medical Marijuana Patients

  1. Hawaii –  No more than seven marijuana plants, whether immature or mature. Learn more.
  2. Illinois – Medical marijuana patients may grow up to 5 plants for personal use. Learn more.
  3. Missouri – Up to six flowering plants. Qualifying patients must obtain an identification card from the Department of Health. Cultivation must take place in a “closed, locked facility.” Learn more.
  4. Oklahoma – Patients may grow up to 6 mature marijuana plants and up to 6 seedling plants. Those possessing a state-issued license may possess up to 8 ounces of marijuana in their residence; up to 1 ounce of concentrated marijuana; up to 72 ounces of edible marijuana; and up to 3 ounces of marijuana on their person.  Learn more.
  5. Rhode Island – Up to 12 plants and 12 seedlings. All marijuana must be cultivated in one location. Must be stored in an indoor facility. Learn more.
  6. Washington – Medical marijuana patients, who may cultivate up to 6 plants at home and possess up to 8 ounces of marijuana they grew themselves. Learn more.
  7. Virgin Islands – Specified patients may grow up to 12 plants and possess up to 4 ounces of cannabis flowers. Learn more.

Medical Marijuana is Legal (but home growing is not)

  1. Arkansas – Patients who possess a physician’s recommendation may legally possess and obtain medical cannabis provided by state-licensed dispensaries. No home cultivation. Learn more.
  2. Connecticut – Patients must be diagnosed by a physician as having one of the debilitating medical conditions set out in the law. May possess up to a one-month supply. Must purchase from state-licensed dispensaries. No home cultivation. Learn more.
  3. Delaware – Patients must be diagnosed by a physician as having a qualifying medical condition. Must buy from a dispensary. There’s a possession limit of 6 ounces. No home cultivation. Learn more.
  4. Florida – Patients who possess a physician’s recommendation may legally obtain medical cannabis provided by state-licensed dispensaries. No home cultivation. Learn more.
  5. Louisiana – Must be qualified by a physician and buy up to a 30-day supply from a state-licensed dispensary. No home cultivation. Learn more.
  6. Maryland – No edible forms of marijuana. Patients must get qualified by a physician and can buy up to a 30-day supply from a state-licensed dispensary. No home cultivation. Learn more.
  7. Minnesota – Only non-smokeable forms of marijuana. Must be qualified by a physician. Buy up to a 30-day supply from a state-licensed dispensary. No home cultivation. Learn more.
  8. Mississippi – Medical marijuana was legalized on November 3, 2020, though home growing was not included. The proposal mandates that state officials begin providing licenses for retailers no later than August 15, 2021. Learn more.
  9. New Hampshire – Patients must be diagnosed by a physician as having a qualifying medical condition. Must buy from a state-licensed dispensary. Possession limit of 2 ounces. No home cultivation. Learn more.
  10. New York – Qualified patients may possess up to a 30 day supply of cannabis-infused, non-smokable products. Only non-smokable preparations allowed. Must by from a state-licensed dispensary. No home cultivation. Learn more.
  11. North Dakota – Patients must possess a physician’s recommendation and can legally obtain up to 3 ounces of herbal medical cannabis provided by state-licensed dispensaries. No home cultivation (the legalization of home cultivation for patients was removed by lawmakers by the passage of SB 2344 in 2017).  Learn more.
  12. Ohio – Patients who possess a physician’s recommendation may legally obtain medical cannabis provided by state-licensed dispensaries. No home cultivation. Learn more.
  13. Pennsylvania – No smoking (only vaping). Patients who possess a physician’s recommendation may legally obtain medical cannabis provided by state-licensed dispensaries. No home cultivation. Learn more.
  14. Puerto Rico – Only non-smokeable forms of marijuana. Patients must be qualified by a physician. Buy up to a 30-day supply from a state-licensed dispensary. No home cultivation. Learn more.
  15. West Virginia – No smoking (only vaping). Patients who possess a physician’s recommendation may legally obtain medical cannabis provided by state-licensed dispensaries. No home cultivation. Learn more.
  16. Utah – Qualified patients may possess up to a 30 day supply from a state-licensed dispensary. Home cultivation was eliminated in December 2018. Learn more.

No Significant Legalization (plus recent updates)

Note: I don’t count legalizing CBD as significant legalization

  1. Alabama – there’s been some progress on medical marijuana
  2. Georgia – learn about legalization efforts
  3. Idaho – faces major hurdles
  4. Indiana – unfortunately still fighting about hemp
  5. Iowa – recently reduced penalties but no progress on legalization
  6. Kansas – medical marijuana being considered
  7. Kentucky – some progress on medical marijuana
  8. Nebraska – after a major legal setback in 2020, signatures are being collected for medical marijuana and full legalization initiatives on the 2022 ballot
  9. North Carolina – the majority of state residents support legal cannabis, but no progress yet
  10. South Carolina – bill introduced for medical marijuana
  11. Tennessee – passed a committee vote for medical marijuana
  12. Texas – the majority of residents support legal weed, but no legalization yet (besides CBD for patients with a doctor’s recommendation)
  13. Wisconsin – bills have been filed
  14. Wyoming – bill has passed a committee vote
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