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"Grow Your Own" cannabis laws

State by State Home Cannabis Cultivation Laws

While cultivating cannabis and hemp remains unlawful on a federal level, many states and the District of Columbia have adopted state laws to govern home growing. Below is a list as of the date of this writing.

 

Alaska
Grow Limits: An adult over the age of 21 may possess, grow, process, or transport no more than six (6) plants total, with no more than three (3) plants that are mature.


Arizona
Grow Limits: A medical marijuana patient or the qualifying patient’s designated caregiver may cultivate up to twelve (12) plants if they live more than 25 miles from the nearest medical marijuana dispensary.

California
Grow Limits: Adults over the age of 21 may cultivate up to six (6) plants per residency. Medical marijuana patients and their primary caregivers may cultivate up to six (6) mature cannabis plants, or up to twelve (12) immature cannabis plants. With the recommendation of a physician, medical marijuana patients may be permitted to grow a greater amount per the patient’s needs.

Colorado
Grow Limits: Any adult resident of Colorado may grow up to six (6) plants per person, with no more than three (3) plants in the mature/flowering stage at any time. Non-Colorado residents may not cultivate cannabis. No more than twelve (12) total plants are allowed per residence regardless of the number of adults living there. Cannabis plants must be kept in an enclosed, locked area out of view. Homegrown cannabis may not be sold to others.

District of Columbia
Grow Limits: It is legal for a person who is at least 21 years old to cultivate within their residence up to six (6) marijuana plants, no more than three (3) of which are mature.

Hawaii
Grow Limits: A registered medical marijuana program participant that indicates their intent to grow on their application may grow an “adequate supply,” or no more than seven (7) plants total and no more than 4 oz. of usable marijuana jointly between a registered patient and caregiver. qualifying patient may designate a caregiver on their application to grow no more than seven (7) plants total on their behalf. A caregiver may only grow for one patient at a time. Whosoever is designated to grow medical marijuana should tag each plant at the base with their 329 card number and expiration date. Act 241 eliminates the ability of a caregiver to grow medical marijuana on behalf of a qualifying patient after December 31, 2018 (unless the patient is a minor or adult lacking legal capacity or resides on an island without a dispensary).

Maine
Grow Limits: A maximum of six (6) mature plants per Maine resident may be cultivated for personal use. Anyone who elects to cultivate marijuana plants must keep the plants in an enclosed, locked facility unless the plants are being transported. Minors, incapacitated adults, homeless qualifying patients, and registered patients in hospice or nursing facilities may not cultivate his or her own marijuana. Only designated primary caregivers or designated dispensaries may cultivate on behalf of a qualifying patient in this case.

Massachusetts
Grow Limits: Adults over the age of 21 may cultivate up to six (6) mature plants per person for personal use, and plants must not be visible to the general public. A qualifying medical marijuana patient with a hardship cultivation registration may cultivate a limited number of plants sufficient to maintain a 60-day supply solely for that patient’s use. He or she may apply for a hardship cultivation registration if the patient can demonstrate that his or her access to a registered medical dispensary (RMD) is limited by:
  • Verified financial hardship
  • Physical incapacity to access reasonable transportation (an inability to use public transportation or drive oneself), lack of personal caregiver with reliable transportation, or lack of RMD that will deliver to the patient’s or personal caregiver’s primary address
  • Lack of a RMD within a reasonable distance of the patient’s residence and lack of a RMD that will deliver marijuana to the patient’s or personal caregiver’s primary address
To obtain a hardship cultivation, a registered qualifying patient shall submit:
  • A nonrefundable registration fee (unless waived due to financial hardship)
  • Information supporting a claim that access is limited to one or more of the above circumstances
  • An explanation including lack of feasible alternatives to mitigate limitations claimed
  • A description and address of the single location that shall be used for the cultivation of marijuana, which shall either be the registered qualifying patient’s or personal caregiver’s primary residence
  • A written explanation of how the qualifying patient will cultivate marijuana
  • A description of the device or system that will be used to ensure security and prevent diversion of the marijuana plants being cultivated
  • Written acknowledgement of the limitations on his or her authorization to cultivate, possess, and use marijuana for medical purposes
The Department shall review and approve or deny an application for a hardship cultivation license within 30 calendar days of receipt of a completed application.

Michigan
Grow Limits: A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty if the primary caregiver possesses an amount of marijuana that does not exceed 2.5 ounces of usable marijuana, or twelve (12) plants kept in an enclosed, locked facility for each registered qualifying patient that has specified that the primary caregiver be allowed under state law to cultivate marijuana for the qualifying patient.
 
Montana
Grow Limits:
 A registered cardholder may possess up to four (4) mature plants, twelve (12) seedlings, and one (1) ounce of usable marijuana. A provider or marijuana-infused product provider may possess four (4) mature plants, twelve (12) seedlings, and one (1) ounce of usable marijuana for each registered cardholder who has named the person as the registered cardholder’s provider.

Nevada
Possession/Use and Grow Limits: The holder of a valid registry identification card is prohibited from cultivating, growing, or producing marijuana if a dispensary opens in their county of residence. If the holder of a valid registry identification card resides in a county with no dispensaries, the holder of the card is exempt from state prosecution for:
  • Possessing, delivering, or producing no more than 2 ½ ounces of usable marijuana
  • Twelve (12) marijuana plants, irrespective of whether the plants are mature or immature


New Mexico

Grow Limits: Qualified patients may apply for a license to grow their own supply of medical cannabis. The license must be posted or kept near the growing area. A Personal Production License (PPL) allows patients to grow up to four (4) mature plants and twelve (12) seedlings at any given time.


North Dakota

Grow Limits: If a qualified patients resides 40 miles or more away from an operating dispensary, the patient is permitted to cultivate up to eight (8) plants.

Oregon
Grow Limits: Recreational marijuana consumers 21 years of age and older may possess up to four (4) plants per residence. A registered Oregon medical marijuana patient may possess up to six (6) mature plants, which must be grown at a registered grow site address. Caregivers, or OMMP growers, cannot be growing for more than four (4) patients at a time, and cannot grow more than six (6) mature plants per patient.

Rhode Island
Possession/Use and Grow Limits: A patient cardholder who has in his or her possession a registry identification card shall not be subject to arrest, prosecution, or penalty for the medical use of marijuana, provided that the patient cardholder possesses an amount of marijuana that does not exceed twelve (12) mature marijuana plants and two and one-half (2.5) ounces of usable marijuana. Said plants shall be stored in an indoor facility.
A primary caregiver cardholder, who has in his or her possession, a registry identification card, shall not be subject to arrest, prosecution, or penalty for assisting a patient cardholder, to whom he or she is connected through the department’s registration process, with the medical use of marijuana; provided that the primary caregiver cardholder possesses an amount of marijuana that does not exceed twelve (12) mature marijuana plants and two and one-half (2.5) ounces of usable marijuana for each patient cardholder to whom he or she is connected through the department’s registration process.
A cardholder shall be allowed to possess a reasonable amount of unusable marijuana, including up to twelve (12) seedlings, that shall not be counted towards the limits of this section.

Vermont
Grow Limits: A registered patient may comply with possession limits and cultivate no more than two (2) mature marijuana plants and seven (7) immature marijuana plants (if the registered patient elects to cultivate marijuana). A designated registered caregiver for the purpose of assisting a registered patient may cultivate up to two (2) mature marijuana plants and seven (7) immature marijuana plants for the registered patient who has named the person to serve as caregiver. The collective possession amounts between the registered caregiver and the registered patient must meet the total possession limit.

Washington
Grow Limits: The qualifying patient may also grow, in his or her domicile, up to six (6) plants for the personal medical use of the qualifying patient and possess up to eight (8) ounces of usable marijuana produced from his or her plants.
If the health care professional determines that the medical needs of the patient exceed those amounts, the health care professional must specify on the authorization that it is recommended that the patient be allowed to grow, in his or her domicile, up to fifteen (15) plants for the personal medical use of the patient, and may possess up to sixteen (16) ounces of usable marijuana in his or her domicile.
*Adults without a medical marijuana authorization are not permitted to cultivate cannabis for personal use.

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