Is It Legal To Grow Cannabis In My State?

Number of States That Have Legalized Cannabis

U.S. Cannabis Cultivation Laws by State

Alabama

Alaska

Arizona

California

Colorado

Connecticut

Delaware

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

Key Points About Cannabis Cultivation Laws in the US

 

If you’re a cannabis enthusiast, you have likely found yourself wondering where cannabis cultivation is legal in the U.S.

 

With nearly every state legalizing cannabis in one form or another, this country has become a bit more tolerant than a few years ago. However, there are now numerous different state cultivation laws.

 

California and Washington have widely available medical and recreational dispensaries, whereas other states like Alabama and Georgia may arrest for possession even though they are technically medical cannabis states. For non-prescription use, CBD derived from industrial hemp is federally, but the legality and enforcement still vary by state.

 

Each state basically has its own cannabis laws, mutually exclusive from those of other states. Some states even have laws that vary by county. Overall, it’s a bit chaotic.

 

With the multitude of different laws, regulations, and stigmas on cannabis across the United States, we’ve put together this descriptive list to help growers like yourself make sense of the myriad of US cannabis cultivation laws surrounding what is still, on a federal level, a (technically) controlled substance.

 

Number of States That Have Legalized Cannabis

 

Since 2012, eighteen states, the District of Columbia, the Northern Mariana Islands, and Guam have legalized recreational cannabis use for adults 21 years of age or older. Thirty-seven states have legalized medicinal cannabis use.

 

This means that the majority of US adults have access to some form of cannabis.

 

U.S. Cannabis Cultivation Laws by State

 

As you can tell, U.S. cannabis cultivation laws can get a bit convoluted. Besides knowing the legal status of your state, it’s important to know the detailed information about cannabis cultivation laws, such as: How many plants, where the plants can be grown, and whether a card is required.

 

We’re going to take a close look at the cannabis cultivation laws of each state, so you can grow with a peace of mind.

 

Alabama

Recreational cannabis use is illegal. Licensed cultivators may grow, but not individual patients.

 

Alaska

 

Cultivation is legal, with twelve plants permitted per household with two adults ages 21+, but there is no limit for those with a commercial license. Patients and caregivers are legally allowed to purchase up to 2.5 ounces (70.87 grams) of medical cannabis every 14 days from one state-approved dispensary. All medical cannabis must be grown and treated inside state boundaries.

 

Arizona

 

Cultivation is legal, with six plants permitted per household or a maximum of twelve plants with two or more adults ages 21+.

 

California

 

Cultivation is legal, with personal use permitting six plants in a household with adults ages 21+. Medical patients may cultivate, as long as the growing area is no larger than 100 square feet. Primary caregivers may cultivate up to 500 square feet for the medical use of up to five patients.

 

Colorado

 

Cultivation is legal, with personal use or commercial license permitting the growing of six plants, with up to three mature, per household by adults ages 21+.

 

Connecticut

 

It is legal for adults ages 21+  to carry up to 1.5oz (43g) or possess up to 5oz (140g) locked inside a home or vehicle trunk. Cultivation is legal for medical cannabis patients, up to three mature and three immature plants. For non-medical patients ages 21+, this cultivation law comes into effect July 1, 2023.

 

Delaware

 

Recreational use is illegal, but medical cannabis use is permitted. Registered medical cannabis patients may possess up to six ounces, but are limited to purchasing three ounces every fourteen days from state-regulated compassion centers.

 

Growing, manufacturing, distributing, or selling any amount of cannabis is illegal, unless operating as a state-licensed medical dispensary.

 

Florida

 

Recreational cannabis is illegal in Florida. Medical cannabis use is legal for patients who have been diagnosed with an approved condition and have a medical cannabis card. Medical cannabis can be purchased at licensed medical dispensaries within the state. Growing is illegal in the home or on the residential property, even with a medical card.

 

Georgia

 

Only medical cannabis use is permitted. It is illegal to cultivate cannabis for personal or medical use or for sale and distribution. The use of low-THC CBD oil is also permitted for medical use, however in-state cultivation, production, and sale is illegal.

 

Hawaii

 

Patients with a registry identification card and their caregiver may collectively possess four ounces of processed cannabis and cultivate up to ten plants.

 

Patients may designate a caregiver, who can assist with cultivation of the patients’ plants, but will not be able to cultivate after December 31, 2023 unless there is no dispensary available on the island, or the caregiver is a parent, guardian, or someone with legal custody over the patient.

 

Idaho

 

Cannabis is fully illegal for any use in Idaho, whether that be recreational or medical. Idaho’s cannabis laws are among the most severe in the country, with possession of even minute amounts being classified as a misdemeanor. CBD is legal, but must contain no more than 0.1% THC and be derived from one of the five identified parts of the cannabis plant.

 

Illinois

 

Both recreational and medical cannabis is legal in Illinois, with possession of up to 30g permitted. Cultivation of medical cannabis is legal for up to five plants in the home or commercially licensed for recreational cultivation.

 

Indiana

 

Possession of any amount of cannabis is illegal in Indiana. Cultivation is also illegal. The state law only permits CBD products with less than 0.3% THC for medicinal use. No other cannabis product is permitted.

 

Iowa

 

Cannabis is illegal for recreational use in Iowa if it is classified as marijuana, while consumable hemp products (including CBD) are legal for consumers to possess. Iowa has a medical cannabidiol program for severe medical conditions that permits the legal possession of products containing 0.3% or less THC. Cannabis products that are prepared (capsules, tinctures, and lotions) are legal, but smokable medical cannabis is not. Medical patients may purchase up to 4.5 grams of THC every 90 days, with some (note: very few) exceptions made for those who require more THC to treat their condition in an effective manner.

 

Cannabis cultivation is illegal.

 

Kansas

 

Medical and recreational cannabis are both illegal in Kansas. All possession, manufacture, sales, and use are illegal. It is also illegal to cultivate cannabis plants, with “cultivation” referring to five or more cannabis plants.

 

Kentucky

 

Both recreational and medical cannabis use is illegal in Kentucky. It is also illegal to cultivate cannabis in the state. This includes planting, growing, and harvesting cannabis with the intent to sell or transfer it. An individual with five or more plants is presumed to be cultivating with the intent to distribute.

 

Louisiana

 

The medical cannabis law originally prohibited inhaled and flower cannabis. On June 21, 2021, whole-plant (flower) and smoke became legal. The law goes into effect January 1, 2022, although flower may not be immediately available at medical cannabis businesses.

 

In 2020, the legislature passed that made it legal for doctors to prescribe medical cannabis for any condition the physician considers to be debilitating. It also added a list of qualifying conditions, including Alzheimer’s, Parkinson’s, ALS, traumatic brain injury, and chronic pain from sickle cell anemia or fibromyalgia.

 

Recreational cannabis use and cultivation are illegal.

 

Maine

 

Both medical and recreational cannabis use are legal, with possession allowing up to 2.5oz  (71g). Cannabis cultivation laws permit growing up to three mature plants, twelve immature plants, and an unlimited number of seedlings for personal use; or individuals can be commercially licensed.

 

Maryland

 

Recreational cannabis use is illegal in Maryland, but medical cannabis use is allowed. Cannabis cultivation is illegal. Only state-licensed medical dispensaries are permitted to grow medical cannabis.

 

Massachusetts

 

In Massachusetts, recreational and medical cannabis use are both legal, as is CBD. Individuals can legally carry up to 1oz (28g) outside the home, or store up to 10z (280g) within a home. State cannabis cultivation laws permit up to six plants for personal use or twelve plants maximum for 2 or more adults in a single household; or cultivation with a commercial license.

 

Michigan

 

Michigan state cannabis laws permit recreational and medical cannabis use, including the use of CBD. It is legal to carry up to 2.5 oz (71g) outside the home, or store up to 10oz (280g) within a home. Cannabis cultivation laws in Michigan permit up to twelve plants per household, or be commercially licensed.

 

Minnesota

 

Recreational cannabis use is illegal in Minnesota, but medical cannabis use is permitted. Possession of up to 1.5 ounces of cannabis is legal. Cannabis cultivation laws allow eight plants to a household, four of which may be mature.

 

Mississippi

 

Mississippi cannabis laws state recreational use is illegal, although the use of low-THC / high-CBD products is allowed for severe seizure disorder. Possession of minute amounts was decriminalized in 1978. While medical use was legalized in 2020, the initiative was struck down in 2021. Cannabis cultivation laws state growing is illegal.

 

Missouri

 

Cannabis cultivation laws in Missouri permit growing medical cannabis, but you must have qualifying medical conditions in order to do so. You must obtain a Missouri medical cultivation license as well. A caregiver of a medical cannabis patient may apply to cultivate on the patient’s behalf.

 

Missouri state law allows for one qualifying patient to cultivate up to six flowering plants, six non-flowering plants (over 14 inches tall), and six clones (under 14 inches tall) at any given time in a single, enclosed, and locked facility or residence.

 

Two qualifying patients may share one facility. No more than twelve plants, twelve non-flowering plants, and twelve clones may be cultivated — unless one of the qualifying patients is a primary caregiver with a patient cultivation ID for another patient.

 

In this case, the primary caregiver may then cultivate six additional flowering plants, six additional non-flowering plants, and six additional clones. This is a total of eighteen of each in a single, enclosed, and locked facility, with all flowering plants labeled with the qualifying patient’s name.

 

Montana

 

Recreational and medical cannabis use are both legal under Montana state laws. Possession is permitted up to 1 oz (28g) of flower or 8g of concentrates. Cannabis cultivation is legal, with up to four plants permitted per household.

 

Nebraska

 

Possession of small amounts of cannabis is decriminalized, but any other possession, sale, or cultivation is strictly illegal. Hash and concentrates are banned, as the law counts them as drug paraphernalia. Penalties for possession or cultivation can be severe, especially for concentrates, and the penalty is based on the weight of the amount of cannabis found.

 

Nevada

 

Nevada state cannabis laws permit recreational and medical cannabis use. The law also permits recreational cultivation of up to six plants, with a maximum of twelve per household, only if the grower is more than twenty-five miles from the closest licensed dispensary. Finally, the plants must be cultivated in an enclosed area not publicly viewable.

 

New Hampshire

 

Recreational cannabis use is illegal in New Hampshire, but medical use is permitted. A qualifying patient may use cannabis in a private residence or on the property of one, with the permission of the tenant in possession of the property. A tenant shall not allow a qualifying patient to smoke if it goes against lease agreements, although a tenant may allow them to use cannabis on the leased property through ingestion or inhalation through vaporization even if smoking is prohibited by the lease or the rental policies.

 

Home cultivation of cannabis is illegal under state cannabis cultivation laws. A bill came out in 2020 that would have made it legal for patients and caregivers to cultivate their own medical cannabis, but the bill was stagnated. A similar bill did get passed in 2019, but was vetoed by the governor.

 

New Jersey

 

Under New Jersey state cannabis laws, recreational and medical cannabis use are both legal. Possession is legal up to six ounces (170g) per person, with licensed delivery services allowed.

However, only licensed cultivators may grow.

 

New Mexico

 

New Mexico permits both recreational and medical cannabis use, with possession being legal up to 2 ounces (57g). Cannabis cultivation is legal, with up to six mature plants allowed for personal use; or twelve per household.

 

New York

 

New York state cannabis laws allow recreational and medical cannabis use, with possession being legal up to 3oz (85g) for recreational purposes or 24 grams of concentrates. Cannabis cultivation is legal, with the law permitting up to three mature and three immature plants per person, for a maximum of twelve per household.

 

North Carolina

 

Both recreational and medical cannabis use are illegal in North Carolina. Cannabis cultivation is also illegal.

 

North Dakota

 

North Dakota has only legalized medical cannabis use. Activist group ND for Freedom of Cannabis Act has filed for its own 2022 legal cannabis measure that would make it legal for adults of legal age to possess cannabis and grow up to twelve plants, six of which could be mature.

 

Ohio

 

In Ohio, medical cannabis use is legal, but recreational use is illegal. Since 1975, possession of up to 100 grams has been decriminalized. Medical use was legalized in 2016. It is, however, illegal to cultivate cannabis in Ohio, and it is also illegal to knowingly or willingly possess cannabis.

 

Oklahoma

 

Recreational cannabis use is illegal in Oklahoma, but medical cannabis is legal. Cannabis cultivation is legal for medical use only. A licensed patient or their caregiver may legally grow medical cannabis for the patient, however there is currently no cultivation licensing process for the patient or caregiver.

 

A caregiver may only cultivate on behalf of up to five medical cannabis patient license holders. All medical cannabis must be grown on your own property or the property of someone for whom you have the owner’s written permission to grow on their property. A licensed patient or their caregiver may possess up to six mature plants and six seedlings.

 

Oregon

 

Both medical and recreational cannabis use and cultivation are legal in Oregon. Possession of recreational cannabis is legal up to 1 oz (28g) or more for licensed cultivators. Individuals are allowed to grow four plants per household, or be commercially licensed.

 

Pennsylvania

 

Recreational use of cannabis is illegal in Pennsylvania, but medical cannabis use is permitted for patients with qualifying conditions. Medical patients receive a 90-day supply, with smoking being prohibited but vaporization is allowed. Cultivation is illegal.

 

Rhode Island

 

According to Rhode Island state cannabis laws, only medical cannabis is legal. Recreational cannabis use and cultivation is illegal. The state permits individuals with debilitating conditions to use cannabis if a physician certifies in writing  that it would likely alleviate symptoms and the potential benefits likely outweigh the risks.

 

Patients may possess up to 2.5 ounces, and may designate one caregiver and one authorized purchaser. Caregivers may have up to five patients, whereas authorized purchases only have one.

 

Medical cultivation is legal, with patients allowed up to twelve plants and twelve seedlings all cultivated in one location and stored in an indoor facility. Two or more patients may cooperatively cultivate – Residential location: up to ten ounces of usable cannabis, twenty-four mature plants, and twenty-four seedlings ; Non-residential location: Up to ten ounces of usable cannabis, forty-eight mature plants, and forty-eight seedlings.

 

South Carolina

 

The cannabis cultivation laws in South Carolina are not the most straightforward of laws. You may legally grow hemp, but cannot grow cannabis. You can legally consume medical cannabis, but only if you qualify with certain conditions. Possession is illegal.

 

Growing cannabis is illegal, but you may grow for medicinal purposes as long as there is less than 0.3%THC in the plants, defining them as hemp. There is also consideration for the number of plants growing, as you may only cultivate hemp for personal use.

 

CBD oil is legal, as long as  it contains less than 0.9% THC.

 

South Dakota

 

South Dakota state cannabis cultivation laws recently underwent some changes. Under the new amendment, medical cannabis use is legal. Medical cannabis patients may legally grow cannabis plants within their homes – with the law allowing three plants, possibly more, if prescribed by a doctor. All cannabis plants must be stored in a locked space that is not publicly visible.

 

Tennessee

Cannabis is illegal for both medical and recreational use in Tennessee. However, there is an exception that permits the medicinal use of high-CBD, low-THC cannabis oil for seizure patients. Just this year, the law improved to make CBD oil available for more conditions and raised the permissible THC limit to 0.9%.  Possession and cultivation both remain illegal.

 

Texas

 

Recreational cannabis use remains illegal under state cannabis laws. However, hemp is legal for medical use — meaning the THC concentration in a substance does not exceed 0.3% based on dry weight. A recent law expanded the medical program to allow CBD oil with up to 1% THC. Any product that contains THC in larger amounts is illegal.

 

Utah

 

Medical cannabis is legal in Utah for patients with qualifying conditions. Recreational use remains illegal.

 

Patients 18+, a parent or guardian, or designated caregivers may purchase medical cannabis from a state-approved pharmacy. Each purchasing individual must have a medical cannabis card, and can purchase up to 3.95 oz (112 grams) of cannabis with up to 19 grams (0.67 ounces) of total THC within a 30-day period.

 

Cannabis cultivation laws state home growing is illegal.

Vermont

 

Vermont has legalized both recreational and medical cannabis use, with possession being legal up to one ounce (28 grams). Cannabis cultivation is allowed, with up to two mature and four immature plants permitted.

 

Virginia

 

Cannabis legalization in Virginia is anything but straightforward. Legalization for recreational and medical use has opened, but the marketplace won’t be established until 2024.

 

Under the new laws, adults 21+ may cultivate up to four cannabis plants per household. The plants must be labeled with the grower’s name, driver’s license number, and a notation stating it’s grown for personal use. The plants must not be publicly visible.

 

Regulations are currently being worked on and are to be in place by July, 2023. At that time, individuals may apply for a license to sell cannabis in Virginia. The marketplace is expected to be fully established and running by January, 2024.

 

Washington

 

Washington has legalized recreational and medical cannabis use.

 

While possession of small amounts of cannabis (up to 1 oz, or 28g) is legal in Washington, cannabis cultivation is illegal unless you are a medical cannabis patient or licensed cannabis producer.

 

Medical cannabis patients may legally cultivate in their home, with an individual permitted to grow up to six plants. No more than fifteen plants may be grown in a single housing unit, regardless of whether or not multiple medical cannabis patients live together.

 

West Virginia

 

Recreational cannabis use is illegal under West Virginia state cannabis laws. Medical use remains legal for qualifying medical patients, though home cultivation is illegal.

 

Wisconsin

 

Cannabis laws in Wisconsin state recreational cannabis use is strictly illegal, as is cannabis cultivation. Qualifying medical patients for CBD oil may possess up to 3oz (85g) of leaves or flowers, and may grow up to twelve hemp plants.

 

Wyoming

 

Wyoming is one of only fourteen states without medical cannabis laws in place, and one of only nineteen that still jail residents for possession.

 

Cannabis use is strictly illegal and, while cannabis itself is illegal even for medical purposes, limited use of CBD oil is permitted. There is an ongoing effort to place two initiatives on the 2022 ballot: One to legalize medical cannabis and one to decriminalize personal use of cannabis.

 

Key Points About Cannabis Cultivation Laws in the US

 

Scroll on the Internet for any length of time and you’ll likely stumble upon yet another article about a state or territory legalizing cannabis use and cultivation. The full effect of this legalization will not be immediate, but significant changes are taking place and regulations are constantly changing.

 

It can be difficult to know where you can legally cultivate cannabis in the US.

 

That’s why we created this comprehensive list of the cannabis cultivation laws in the US. Because the legalization is spreading across the country on a state-by-state basis, the question of where cannabis cultivation is legal may be one that some have trouble answering.

 

Fortunately, we’ve compiled this list that outlines the cannabis use and cultivation laws in all fifty states.

 

Despite the efforts of medical professionals, policy experts, and committed activists throughout the nation, the Federal government still continues to classify cannabis as a Schedule 1 Narcotic, as a classification that quite clearly does not fit cannabis. But, despite the government’s intransigence, there is hope as more and more states legalize cannabis use and cannabis cultivation.

 

What are the cannabis cultivation laws in your state? Do you feel more states could begin allowing for some form of home cultivation for consumers and medical patients? 

 

Written by Alexia P. Bullard of Booklexia Content Marketing for GrowCast. 

Copyright © 2022 GrowCast |

Site by CannaPlanners