The Legality of At-Home Cannabis Cultivation

The Legality of At-Home Cannabis Cultivation

The laws on cannabis are confusing, to say the least. It seems a little counterintuitive to prohibit a plant that grows wild, but marijuana is still a controversial topic. While supporters say it should be legal, opponents fear such changes. These opposing views have resulted in a patchwork of laws that are at both ends of the spectrum.

The unfortunate fact is, cannabis is still considered a Schedule I drug, making it illegal at the federal level. However, states have been given considerable leeway in deciding how the plant can be grown, consumed, and sold. The 2018 Farm Bill made hemp-derived cannabidiol (CBD) legal, but whole-plant cannabis is a different issue. In some jurisdictions, it’s legal, while it’s prohibited in others.

Some states, such as Iowa, criminalize cannabis consumption for recreational and medicinal purposes but allow citizens to buy and use CBD oils. In Guam and other US territories, marijuana has recently been legalized for recreational use. With such a convoluted list of laws, it’s hardly surprising that prospective cannabis growers are confused.

In this detailed guide, we’ll try to clear things up by explaining where you can cultivate indoor cannabis seeds or outdoor cannabis seeds and how much you can grow. Note that it’s only legal to grow cannabis in some places, and the information we provide should not be used for illicit purposes.

Alaska

The state has legalized the consumption of cannabis for recreational and medicinal purposes, but it’s still illegal to light up in public places. According to Alaska’s laws, anyone 21 and over can possess, cultivate, and give away a maximum of six plants, as long as only three of them are flowering and mature at one time. A maximum of 12 plants per household can be grown, regardless of the number of adults living there.

Arkansas

Though the state of Arkansas has stiff penalties for personal use, medicinal marijuana was legalized in May 2019. Patients and their caregivers must apply for and receive MMJ cards for use at one of the state’s 30+ dispensaries. As more states legalize cannabis, this number is expected to increase.

Arizona

Those who want to grow marijuana in Arizona can only do so medicinally, as long as they’re an eligible caregiver or patient. Medical Cannabis Seeds may be grown on the premises but must be cultivated in a locked, enclosed space. Recently, an amendment to HB 2537 lowered the number of marijuana plants to be grown in one place from 12 to six.

California

Today, the state’s laws allow adults to grow up to six cannabis plants for personal use. The same law allows for a maximum of 100 square feet of a residence to be devoted to medical marijuana cultivation, and there’s no limit on the number of plants that users can grow for medicinal use. Our seed bank carries some popular Cali strains such as California Orange, California Haze, and California Dream!

Colorado

In 2012, Colorado was the second state to allow recreational cannabis use. Anyone over 21 can grow six sativa or indica cannabis plants, with three flowering and mature at one time. Medical cultivators must follow the same law, but caregivers can claim a maximum of five patients and cultivate 36 plants.

Connecticut

Personal and recreational marijuana use is illegal in Connecticut, but it’s been partially decriminalized. Anyone possessing unauthorized OG Kush, Silver Haze, or any other kind of cannabis can find themselves facing fees and fines, but no incarceration if they have less than half an ounce. Anything more than that, and a user may face a year in prison, a fine of $2000, or both.

People using medicinal marijuana can do it legally if certain requirements are met. Once they’ve applied for a Connecticut MMJ card or receive one as a caregiver, they can purchase products at dispensaries. Users cannot consume cannabis in public, and medicinal users can possess up to two and one-half ounces. However, they cannot grow their own.

Delaware

Eligible patients and caregivers may purchase cannabis products from dispensaries, but they cannot grow plants for personal or medicinal use. A patient may possess up to three ounces within 14 days.

Hawaii

Qualifying patients and caregivers with 329 cards may grow up to ten mature plants as long as they have a valid MMJ card. The room in which the plants are cultivated must be registered with the state’s health department. Medical marijuana cardholders may possess up to four ounces of cannabis flower at any time.

Potential recreational marijuana users may do so legally as long as they carry less than an ounce. Hawaiian residents can cultivate up to six plants, with three of them flowering and mature, without fear of fines or arrest. Try some tropical i49 favorites like CBD Mango, or the high THC Hawaiian x Purple Skunk

Illinois

Legal recreational cannabis became a reality in January 2020 because of HB 1438. As of the time of this writing, eligible patients may purchase products at any dispensary in the state. However, cannabis cultivation is only for designated agents or those who work at or do business on behalf of legal dispensaries.

Louisiana

The state of Louisiana officially legalized medical cannabis in August 2019. However, unlike other states with piecemeal dispensary networks, the LDAF (Louisiana Department of Agriculture and Forestry) oversees the cultivation and processing of medical marijuana. Products are dispensed via state-sanctioned stores, and only certain university departments can grow plants.

Maine

The state of Maine has a storied history as far as cannabis is concerned. Though it prohibited the plant early, it was also one of the first states to decriminalize marijuana in 1976. Cannabis was medicinally legalized in 1999, and with the passage of Question 1 in 2016, it also became legal for personal use.

Anyone over the age of 21 can grow up to six flowering, mature plants; they can also possess up to 2.5 ounces of flower. In 2018, the state’s legislators passed a bill allowing for third-party creation of medicinal cannabis extracts.

Additionally, LD 1539 allowed for the use of medical cannabis by any patient with a doctor’s recommendation. MMJ patients can grow cannabis, as long as it’s three plants or fewer.

Maryland

Qualifying caregivers and patients can apply for MMJ cards, with up to two caregivers for each patient. Approved cardholders can buy cannabis products from legal dispensaries, but they’re not allowed to grow marijuana plants.

Massachusetts

With the passage of Question 4 back in 2016, recreational cannabis was legalized in Massachusetts. Every household with at least one person over 21 can grow six marijuana plants, but if there’s more than one adult in the household, that number increases to 12. If growers choose to plant weed seeds outdoors, the plants cannot be seen from the roadside, and users can have up to ten ounces of flower at home. However, those possessing more than an ounce at home must store it in a locked container.

Michigan

The state of Michigan legalized medical marijuana in 2008, allowing its use by those suffering from terminal and acute illnesses. Recreational marijuana was legalized in 2018, and residents of legal age can now have 2.5 ounces in their possession and up to ten ounces at home.

Michiganders can grow up to a dozen plants in an enclosed, private space if they are over 21; caregivers can also cultivate the herb for MMJ patients who cannot do it for themselves.

Missouri

This state allows the consumption of medical marijuana. Patients and their caregivers can buy up to four ounces every 30 days. After the payment of a fee, users can grow a maximum of six flowering, mature plants in a secure, locked, and enclosed space.

Montana

The state of Montana legalized medicinal cannabis in 2004. Registered cardholders can grow up to four plants, including seedlings. A user may possess up to one ounce of flower, eight grams of concentrate, or eight oil cartridges.

If two adults live together and have MMJ cards, they can grow up to eight seedlings and eight mature plants. Those cultivating cannabis in Montana must register their home grow ops with the state’s Department of Public Health.

Nevada

Medicinal cannabis was legalized in Nevada in November 2000, followed by the legalization of recreational weed in 2016. Those over 21 can grow cannabis for personal use if they live more than 25 miles from a licensed dispensary.

When a user meets these criteria, they can grow up to six plants, with a maximum of a dozen plants per household. All plants must be grown in a secure, locked, and enclosed space. Furthermore, cultivators must own the property on which the plants are grown, or they must seek the owner’s permission.

New Hampshire

This state recently decriminalized recreational cannabis use. Anyone 18 or over who is caught with less than three-quarters of an ounce may be found guilty of a civil violation, which comes with up to a $100 fine.

Though personal use is still technically illegal, it’s easier for those with medical conditions. Anyone with a qualifying condition can get a medical marijuana card, which they can use to buy products at licensed dispensaries.

With the passage of HB 364, patients and their caregivers can grow three mature and three immature plants, along with a dozen seedlings. All plants must be locked away in an area that can’t be seen from the street or any other public area.

New Mexico

This state’s residents have been able to use cannabis for medicinal purposes since early 2007. Anyone with an MMJ card can grow 16 or fewer plants, including four mature specimens.

New York

Medical marijuana is legal in the state of New York. Medicinal users must obtain an MMJ card, and they can only buy cannabis from registered dispensaries. However, it’s still illegal to grow weed for medicinal or recreational purposes.

North Dakota

In North Dakota, SB 2344 allows the use of medicinal cannabis. Caregivers and patients can purchase a maximum of 2.5 ounces at once, and they can have three ounces at a time. None of the state’s laws allow for medicinal or recreational cannabis cultivation.

Oklahoma

This is one of the most recent states in which medicinal marijuana has been legalized. Residents of Oklahoma can buy cannabis products through licensed dispensaries as long as they have valid MMJ cards.

Oregon

This state legalized recreational marijuana in 2014 with the approval of Measure 91. Since July 2015, the state’s residents have been able to grow up to four plants at home, as long as they’re 21 or older. Caregivers can grow cannabis for up to eight patients, with a limit of six mature plants per patient.

Rhode Island

Though medicinal weed has been legal there since 2006, it’s only available to those suffering from a shortlist of conditions including glaucoma and HIV. Qualifying patients may grow up to a dozen plants and an equal number of seedlings. Caregivers can cultivate plants, but all must be grown inside.

Vermont

The state legalized medicinal cannabis with the passage of SB 76 in 2004. Vermont’s legislature legalized recreational weed in 2018, and the state’s residents can now grow up to nine plants, two of which may be mature.

Washington

This northwestern state was one of the first to legalize recreational marijuana use. Initiative 502 was passed in December 2012, just a few days before Colorado passed a similar law. However, only designated agents and medical cannabis patients may grow plants.

A person must enter his or her name in the state’s database to cultivate up to six plants. Patients can possess a maximum of eight ounces of flower derived from these plants.

The District of Columbia

Washington DC legalized recreational cannabis use in 2014. Anyone 21 or older can grow a half-dozen plants at home, but the byproducts can’t be sold for a profit. Many work around the law by gifting marijuana with the purchase of other items, though the state doesn’t condone this practice. In households with more than one adult, up to a dozen plants may be grown, with three plants per person being mature.

Final Thoughts

Legal marijuana cultivation is only possible in some of the states mentioned above. If you try to grow weed in an area where it’s illegal, expect significant consequences. This also applies when users try to grow cannabis in areas where only medical patients may do so. Though it’s fun and convenient to grow weed at home, we advise you to check the state’s laws before moving forward.

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