A common question for new medical cannabis patients and recreational consumers is whether or not home cultivation is permitted where they live. State cannabis laws vary, with some states permitting home grows while others do not. We put together a helpful guide outlining the home cultivation status for states that have legalized some form of cannabis. Check back as we continue to update the guide whenever a state law changes.
Click on a state to jump down to its cultivation guidelines.
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Hawaii
- Illinois
- Maine
- Maryland
- Massachusetts
- Michigan
- Montana
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- Oregon
- Rhode Island
- Vermont
- Washington
Alaska
Possession/Use Limits: Persons 21 years of age or older may possess, use, display, purchase, and transport one (1) ounce or less of marijuana.
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.
Resources:
- Alaska Department of Health and Social Services Division of Public Health – Know the Laws About Marijuana
- "An Act to tax and regulate the production, sale and use of marijuana"
Arizona
Possession/Use Limits: A qualifying patient or designated caregiver registered with ADHS may obtain and possess up to 2.5 ounces of marijuana in a 14-day period from a registered non-profit medical marijuana dispensary.
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.
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California
Grow Limits: A medical marijuana patient shall not cultivate medical marijuana without obtaining a license, permit, or entitlement permitting cultivation from the city and/or county in which the cultivation will occur.
A medical marijuana patient may cultivate cannabis so long as the area they use to cultivate cannabis does not exceed 100 square feet.
This limitation does not apply to a primary caregiver cultivating marijuana if the area he or she uses to cultivate marijuana does not exceed 500 square feet and he or she cultivates marijuana exclusively for the personal medical use of no more than five (5) specified qualified patients for whom he or she is the primary caregiver and does not receive remuneration for these activities.
- Exemption from the requirements of this section does not limit or prevent a city and/or county from regulating or banning the cultivation, storage, manufacture, transport, provision, or other activity by the exempt person, or impair the enforcement of that regulation or ban (check the laws in your local jurisdiction).
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Colorado
Possession/Use Limits: Colorado residents may purchase and possess up to one (1) ounce of marijuana at a time. Non-Colorado residents are limited to 1/4 ounce.
A patient’s medical use of marijuana is lawful within the following limits:
- No more than two (2) ounces of a usable form of marijuana;
- No more than six (6) plants, with three (3) or fewer being mature, flowering plants that producing a usable form of marijuana.
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.
Resources:
- Marijuana Retailers and Home Growers in the State of Colorado
- Medical Use of Marijuana for Persons Suffering from Debilitating Medical Conditions.
Connecticut
Possession/Use Limits: The combined amount of marijuana possessed by the qualifying patient and the primary caregiver for palliative use does not exceed an amount of usable marijuana reasonably necessary to ensure uninterrupted availability for a period of one (1) month.
Grow Limits: Home cultivation is not permitted.
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Delaware
Possession/Use Limits: Usable amount of medical marijuana for medical use is limited to six (6) ounces or less.
Grow Limits: Home cultivation is not permitted.
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District of Columbia
Possession/Use Limits: It is legal for a person who is at least 21 years old to:
- Possess two (2) ounces or less of marijuana;
- Transfer one (1) ounce or less of marijuana to another person who is at least 21 years old, so long as there is no payment made or any other type of exchange of goods or services;
- Possess marijuana-related drug paraphernalia that is associated with one (1) ounce or less of marijuana;
- Use marijuana on private property.
The maximum amount of medical marijuana any qualifying patient or caregiver may possess at any time is two (2) ounces or the equivalent of two (2) ounces of dried medical marijuana when sold in any other form.
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.
Resources:
- Facts on D.C. Marijuana Laws
- The District of Columbia Municipal Regulations for the Medical Marijuana Program
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.
A 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).
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Illinois
Possession/Use Limits: Adequate supply means 2.5 ounces of usable cannabis during a period of 14 days and that is derived solely from an intrastate source.
Grow Limits: Home cultivation is not permitted.
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Maine
Possession/Use Limits: A qualifying patient may possess up to 2 ½ ounces of prepared marijuana.
Grow Limits: A maximum of six (6) mature plants per patient may be cultivated for medical use. A qualifying patient who elects to cultivate marijuana plants must keep the plants in an enclosed, locked facility unless the plants are being transported because the patient is moving or taking the plants to the patient’s own property in order to cultivate them.
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 the qualifying patient in this case.
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Maryland
Possession/Use Limits: Qualified medical patients may possess a sufficient 30-day supply of marijuana for medical use.
Grow Limits: Home cultivation is not permitted.
Resources:
Massachusetts
Grow Limits: 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.
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Michigan
Possession/Use Limits: A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, provided that the qualifying patient possesses an amount of cannabis that does not exceed 2.5 ounces of usable marijuana or twelve (12) plants kept in an enclosed, locked facility.
The privilege from arrest under this subsection applies only if the qualifying patient presents both a registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the qualifying patient.
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.
Resources:
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.
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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
Resources:
New Hampshire
Possession/Use Limits: A qualified patient is not permitted to purchase more than two (2) ounces during a 10-day period, and is not permitted to be in possession of more than two (2) ounces of cannabis at any given time. If you have a designated caregiver, you and your designated caregiver combined cannot have more than two (2) ounces of cannabis at any given time.
Grow Limits: Home cultivation is not permitted.
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New Jersey
Possession/Use Limits: A physician shall provide written instructions for a registered qualifying patient or his caregiver to present to an Alternative Treatment Center (ATC) concerning the total amount of usable marijuana that a patient may be dispensed, in weight, in a 30-day period, which amount shall not exceed two (2) ounces. If no amount is noted, the maximum amount that may be dispensed at one time is two (2) ounces.
Grow Limits: The Compassionate Use Medical Marijuana Act does not authorize a qualifying patient or primary caregiver to grow or cultivate marijuana, or to possess a marijuana plant.
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New Mexico
Possession/Use Limits: Qualified patients are allowed to possess up to approximately eight (8) ounces (230 grams) of usable cannabis. Primary caregivers may transport up to 8 ounces for each patient listed on the caregiver ID card. (If an exception to the 8 ounce limit is granted, it is noted on the back of the patient ID card).
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.
Resources:
New York
Possession/Use Limits: The marijuana that may be possessed by a certified patient shall not exceed a thirty-day supply of the dosage as determined by the practitioner, provided that during the last seven (7) days of any thirty-day period, the certified patient may also possess up to such an amount for the next thirty-day period.
Grow Limits: Home cultivation is not permitted.
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Oregon
Possession/Use Limits: Recreational marijuana consumers 21 years of age and older may possess up to eight (8) ounces of usable cannabis. A registered Oregon medical marijuana patient may possess up to 24 ounces of usable marijuana.
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.
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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.
Resources:
Vermont
Possession/Use Limits: A registered patient may comply with possession limits and possess up to two (2) ounces of usable marijuana. A designated registered caregiver for the purpose of assisting a registered patient may possess up to two (2) ounces of usable marijuana.
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.
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Washington
Possession/Use Limits: As part of authorizing a qualifying patient or designated provider, the health care professional may include recommendations on the amount of marijuana that is likely needed by the qualifying patient for his or her medical needs. If the qualifying patient or designated provider with an authorization from a health care professional has NOT been entered into the medical marijuana authorization database, he or she may not receive a recognition card and may only purchase at a retail outlet.
If the health care professional does not include recommendations, when adding the qualifying patient or designated provider to the medical marijuana authorization database, he or she shall enter into the database that the patient may obtain at a retail outlet holding a medical marijuana endorsement a combination of the following:
- Forty-eight (48) ounces of marijuana-infused product in solid form;
- Three (3) ounces of usable marijuana;
- Two hundred sixteen (216) ounces of marijuana-infused product in liquid form;
- Twenty-one (21) grams of marijuana concentrate.
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.
If the qualifying patient or designated provider with an authorization from a health care professional has NOT been entered into the medical marijuana authorization database, the qualifying patient may grow, in his or her domicile, up to four (4) plants for the personal medical use of the qualifying patient and possess up to six (6) ounces of usable marijuana in his or her domicile.
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from http://ift.tt/1U49NAA
by Leafly Staff at Leafly News & Culture
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