Which states let you grow legal weed in the United States without a license? It’s easy to find a list of US states with legalized weed for consumption, 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. I monitor marijuana legalization news and update this list regularly (last updated date should be at the top of this page under the title).
Map Last Updated September 30, 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
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.
Personal possession and home cultivation were legalized November 3, 2020 and the law took effect November 30, 2020. Arizona adults 21 and older can legally possess up to 1 ounce of cannabis and grow up to six plants for non-commercial purposes. Plants may not be viewable to the public and must be in a lockable, enclosed area like a closet or greenhouse. Possession for personal use of more than one ounce, but less than 2.5 ounces of marijuana is a petty offense punishable by a maximum fine of $300.
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” on google to find out where to get one). Learn more about California’s laws.
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.
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.
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.
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.
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.
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.
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.
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.
South Dakota is in legal limbo
Legalization initiative is currently struck down by a judge but is on appeal awaiting the decision of the South Dakota Supreme Court. 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). Get the latest news on legalization in South Dakota here.
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.
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.
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.
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 started allowing home cultivation on October 1, 2021.
Note: Cultivation of up to 3 mature and 3 immature plants carries a $0 penalty and written warning for the first offense. The second offense is a Civil Offense with a $500 fine. The third offense is a Misdemeanor with a $500 fine.
Note 2: In July 2023, 21+ adults will be able to start legally growing weed (recreational).
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 without any penalty. Learn more about medical marijuana in Illinois.
Cannabis possession was legalized for adults on November 3, 2020, but only businesses can grow weed. No home cultivation for medical marijuana patients either. Penalties are surprisingly serious for a “legal” state. Growing 1 oz to 5 lbs (less than 10 plants) carries a 3-5 years sentence with a $25,000 fine.
Adult-use and possession are currently allowed, but cultivation is not. However, home cultivation will become legal after a delay. The exact timeline depends on further legislation. Here’s what the New York government cannabis website says: “Please be aware the home cultivation of cannabis plants is not allowed immediately. Pursuant to the MRTA, the home cultivation of cannabis plants may only be permitted after the Office of Cannabis Management issues regulations governing home cultivation of cannabis, which must be no later than 18 months after the first adult-use retail sale.” Given the current timeline, it’s been estimated home grow will be legal by 2022.
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
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. As of October 1, 2021, registered patients age 18 or older may home cultivate up to six plants. No household can grow more than 12 plants. Learn more. Note: 21+ adults will be able to start legally growing weed (recreational) in July 2023.
No more than seven marijuana plants, whether immature or mature. Learn more.
Medical marijuana patients may grow up to 5 plants for personal use. Learn more.
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.
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.
Up to 12 plants and 12 seedlings. All marijuana must be cultivated in one location. Must be stored in an indoor facility. Learn more.
Two or more cardholders may cooperatively cultivate marijuana in residential or non-residential locations subject to the following restrictions:
- Non-residential – no more than 10 ounces of usable marijuana, 48 mature marijuana plants, and 48 seedlings.
- Residential – no more than 10 ounces of useable marijuana, 24 mature marijuana plants, and 24 seedlings.
Medical marijuana patients may cultivate up to 6 plants at home and possess up to 8 ounces of marijuana they grew themselves, but only if entered in the state’s voluntary patient database. If a qualifying patient has not been entered into the medical marijuana authorization database, he/she may grow, in his or her domicile, up to 4 plants for the personal medical use of the qualifying patient and 6 possess up to six ounces of useable marijuana in his or her domicile. Learn more.
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)
Registered patients are permitted to possess a maximum of “70 daily dosages” of medical cannabis at one time. Doses of authorized cannabis products are capped at a maximum of 50 milligrams for the first 90 days. Patients are not permitted access to cannabis flower material or cannabis-infused edible products. Rather, medical cannabis formulations must be in the form of: “tablets, capsules, tinctures, or gel cubes for oral use; gels, oils or creams for topical use, or suppositories, transdermal patches, nebulizers, or liquids or oils for use in an inhaler.” Patients age 18 or younger are limited to low-THC cannabis products. No home grow allowed. Learn more.
Patients who possess a physician’s recommendation may legally possess and obtain medical cannabis provided by state-licensed dispensaries. No home cultivation. Learn more. Note: Activists are pushing for a legalization ballot initiative in 2022.
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.
Patients who possess a physician’s recommendation may legally obtain medical cannabis provided by state-licensed dispensaries. No home cultivation. An initiative has been filed for 2022, but its future is uncertain. Learn more.
Must be qualified by a physician and buy up to a 30-day supply from a state-licensed dispensary. No home cultivation. Learn more.
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.
Note: Cultivation in Maryland is punished as either simple possession or as possession with intent to deliver, depending on the amount of marijuana being produced and other factors that may lead to the conclusion that the marijuana was being grown for reasons other than strict personal use.
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. Cultivation in Minnesota is punished based upon the aggregate weight of the plants found. Learn more.
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. Cultivation in Mississippi is punished based upon the aggregate weight of the plants found. Learn more.
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. Cultivation in New Hampshire is punished based upon the aggregate weight of the plants found. Learn more.
Qualified patients may possess up to a 30 day supply of cannabis. Must by from a state-licensed dispensary. No home cultivation yet, but it’s coming in 2022. Learn more.
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). Cultivation in North Dakota is punished based upon the aggregate weight of the plants found. Learn more.
Patients who possess a physician’s recommendation may legally obtain medical cannabis provided by state-licensed dispensaries. No home cultivation. Penalties for the cultivation of marijuana are identical to the penalties for possessing an equivalent amount, in weight, of marijuana. Learn more.
No smoking (only vaping). Patients who possess a physician’s recommendation may legally obtain medical cannabis provided by state-licensed dispensaries. No home cultivation. Note: Growing marijuana (even with no intention of selling it) is a felony in Pennsylvania that is punishable by 2.5 to 5 years in prison and $15,000 in fines. Learn more.
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.
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. Note: Cultivation in West Virginia is punished based upon the aggregate weight of the plants found as either simple possession or as possession with the intent to distribute.
Qualified patients may possess up to a 30 day supply from a state-licensed dispensary. Home cultivation was eliminated in December 2018. Learn more. Note: Cultivation in Utah is punished based upon the aggregate weight of the plants found.
No Significant Legalization (plus recent updates)
Note: I don’t count legalizing CBD as significant legalization
The majority of residents support legal weed, but no legalization yet (besides CBD for patients with a doctor’s recommendation). Unfortunately, progress looks pretty bleak in the near future given the current political environment. Get the latest news for Texas.