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.

 

 


 

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 – Home cultivation was legalized on November 3, 2020. On Nov. 30, 2020, when the election results are certified, Arizona adults 21 and older can legally possess up to 1 ounce of cannabis and grow up to six plants. Plants cannot be viewable to the public and must be in a lockable, enclosed area like a closet or greenhouse. More info coming soon!
  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. Commonwealth of the Northern Mariana Island – 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. The Montana Marijuana Regulation and Taxation Act will go into effect no later than Oct. 1, 2021, the deadline for the Department of Revenue to establish rules and regulations and begin accepting and issuing applications for dispensaries. More info coming soon!
  11. 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 harvest 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. However, there doesn’t seem to be any sign that the Nevada government is taking that vote seriously. 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.
  12. 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.
  13. South Dakota – Home cultivation was legalized on November 3, 2020. Adults 21 and older will be able to possess and distribute up to 1 ounce of weed, and they will also be allowed to cultivate up to three cannabis plants. Upon formal passage, legalization will become law on July 1, 2021.  More info coming soon!
  14. 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.
  15. 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.

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

This type of legalization is shameful. Big companies profit from selling cannabis, but adults can’t grow their own weed.

  1. New Jersey – Cannabis possession was legalized on November 3, 2020, but it’s unknown whether home cultivation will be legalized or if only businesses can grow. Lawmakers have yet to make the rules. More info coming soon!
  2. 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 Legal for Medical Marijuana Patients

  1. Arizona – Cultivation is allowed for medical marijuana patients if the residence is further than 25 miles from a state-licensed dispensary facility. No more than twelve marijuana plants in an “enclosed, locked facility.” Additionally, either the patient or the patient’s caregiver must get approval from the state before they start growing. Learn more.
  2. Hawaii –  No more than seven marijuana plants, whether immature or mature. Learn more.
  3. Illinois – Medical marijuana patients may grow up to 5 plants for personal use. Illinois also legalized cannabis for all adults 21+. Under the new law, adults who grow less than 5 plants for personal use will receive a “violation” with a $200 fine. Learn more.
  4. 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.
  5. Montana –  A registered cardholder who has not named a provider may possess up to 4 mature plants, 4 seedlings, and the amount of usable marijuana allowed by the department by rule. If two or more registered cardholders share a residence and have not named providers, the cardholders may have a maximum of 8 mature plants, 8 seedlings, and the amount of usable marijuana allowed by the department by rule. Learn more.
  6. New Mexico – 16 plants (four mature, 12 immature). Learn more.
  7. Oklahoma – Up to 6 mature marijuana plants and up to 6 seedling plants. Learn more.
  8. 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.
  9. Washington – Medical marijuana patients may cultivate up to 6 plants at home and possess up to 8 ounces of marijuana they grew themselves. Learn more.
  10. Virgin Islands – Specified patients may grow up to 12 plants. 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. More info coming soon!
  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 Jersey – Patients must be diagnosed by a physician as having a qualifying medical condition. Must buy from a state-licensed dispensary. Possession limit of 3 ounces per month. No home cultivation. Learn more.
  11. 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.
  12. 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.
  13. Ohio – Patients who possess a physician’s recommendation may legally obtain medical cannabis provided by state-licensed dispensaries. No home cultivation. Learn more.
  14. 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.
  15. 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.
  16. 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.
  17. 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

  1. Alabama
  2. Georgia
  3. Idaho
  4. Indiana
  5. Iowa
  6. Kansas
  7. Kentucky
  8. Nebraska
  9. North Carolina
  10. South Carolina
  11. Tennessee
  12. Texas
  13. Virginia
  14. Wisconsin
  15. Wyoming
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