A Comprehensive State-by-State Guide on Cultivating Marijuana at Home
* Talk to an attorney prior to growing cannabis at home - Many individuals have found laws and regulations surrounding marijuana in most states very confusing. However, it seems funny and counterintuitive for the federal government to prohibit a naturally growing plant. With the regulations and potential benefits, cannabis has been subject to intense debate over the past years.
While marijuana proponents push for the legalization of this herb, the opponents share the fears of addiction and adverse effects due to its widespread use. Regardless of the outcome, this issue has led to a Hodge-Podge of state and federal regulations, which sometimes seem odd or different from each other.
Basically, the federal state still views marijuana as an illegal substance and classifies it as a Schedule I drug. Despite the regulations, the federal government has given the states leeway on marijuana regulations. Each state can determine how the residents use, grow, and distribute.
In 2018, the legislatures passed the Farm Bill to make hemp-derived CBD legal at the federal level. While the bill legalized hemp-derived CBD products, the status of the whole marijuana plant remains a key issue in the different states. Some states have legalized marijuana use, while some are still restricting marijuana use.
Despite some states, like Lowa criminalizing recreational and medicinal marijuana use, the residents can purchase and use CBD oils. In some states or U.S territories like Guam, the authorities have recently approved adult marijuana use. The approval comes many years after 2015 when the state approved the medicinal use of cannabis.
Despite the different states enforcing their marijuana regulations, the whole issue is a bit confusing. You can easily access marijuana in one state for recreational use and use the same products for a particular medical condition in the next state or jurisdiction. More so, some state authorities prohibit the use of recreational and medical marijuana in the jurisdiction.
With such a wide variation in the marijuana laws in the different states, it’s difficult for marijuana cultivators or breeders to understand what is going on in the industry.
This comprehensive state-to-state guide sheds more light on the cultivation of marijuana. The guide also helps you understand where you can cultivate the herb and the maximum number of stems or plants to grow.
With the confusing and varying nature of the different state laws regarding the use and cultivation of marijuana, it’ll be wise to start by understanding your specific state regulation. Read through the guide to get a comprehensive guide on marijuana cultivation in different states.
Growing Marijuana in Alaska
Alaska has legalized medicinal and adult marijuana use. Despite the legalization of weed, the authorities prohibit users from consuming cannabis products in public spaces. Recently, the authorities drafted new state marijuana laws allowing all adults above 21 years to purchase, possess, cultivate and gift a maximum of six marijuana stems. Nevertheless, while growing these plants, it’s important to consider that the rules state that only three should be mature and flowering at a certain time.
Furthermore, the state doesn’t allow you to cultivate more than twelve stems on your premises. The maximum growing limit is regardless of the number of adults above 21 years living in the home. Always remember that you can’t have more than six flowering and mature marijuana stems when growing plants.
Growing Cannabis in Arkansas
Arkansas is one of the states with stiff penalties on personal or recreational marijuana use. Possessing one ounce of recreational marijuana might lead to one-year imprisonment and a maximum fine of $2500.
However, since May 2019, the state has legalized the sale of marijuana for medicinal purposes. The state requires all designated caregivers and patients to apply for and get medical marijuana cards. Arkansas currently has more than 30 dispensaries offering these medications. With the looming countrywide legalization of marijuana use, the number of dispensaries is likely to scale.
Growing Cannabis in Arizona
The state of Arizona only allows individuals to cultivate marijuna for medical purposes. Furthermore, the state grants permission or license to valid caregivers and qualified MMJ patients. Furthermore, the state requires the caregiver or patient to grow these stems in a locked or enclosed space. In the recent HB 2537 amendment, the state authorities reduced the number of crops individuals could grow from twelve to six.
Growing Marijuana in California
The marijuana program laws in California allow patients and caregivers to grow six plants for adult use. In addition, the state allows patients to dedicate approximately 100 square feet in their residences to plant medical marijuana. Remember, the state has no limits or restrictions on the number of cannabis stems patients cultivate in their homestead for medical purposes. You can get your recommendation to grow 99 plants in California here.
Cultivating Marijuana in Colorado
Studies show that Colorado became the second state in the U.S to legalize recreational marijuana use. The legislature passed Amendment 64 in December to legalize the adult use of marijuana. Currently, the state allows adults above 21 years to cultivate a maximum of six marijuana six plants, where they should only have three flowering and mature stems at a particular time. Patients growing marijuana for medical purposes must also adhere to these regulations or laws. However, caregivers can enjoy planting 36 plants for five patients.
Growing Marijuana in Connecticut
Despite the state yet to make recreational or adult marijuana use legal, the state has decriminalized the use. Unlike the earlier days, law enforcers will only fine individuals found in possession of recreational marijuana, as the state scrapped the jail time for individuals possessing less than one ounce of marijuana. However, the prosecutors may sentence you to one-year imprisonment and at least a $2000 fine or both for possessing more than an ounce of marijuana.
This state’s medical marijuana program allows patients meeting certain requirements to use and possess marijuana for medical purposes. The patients can get MMJ products from their preferred dispensaries after getting their medical marijuana card or having a valid caregiver.
Despite the card helping you to access and use these products legally, the law prohibits the use of marijuana in public. The regulations allow the patients to legally possess a maximum of 2.5 marijuana ounces. Nevertheless, the state still prohibits the cultivation of marijuana stems.
Growing Marijuana in Delaware
The Delaware authorities allow patients and caregivers to buy marijuana from their preferred dispensary. Despite allowing qualified patients to purchase medical marijuana products, the state excludes them from cultivating personal or medical marijuana stems. While the regulations allow you to possess medical marijuana products, having more than three ounces within two weeks is illegal in the state.
Growing Cannabis in Hawaii
Hawaii authorities allow a qualified patient or caregiver with a 329 card to cultivate 10 mature marijuana plants. Before growing these stems, the state requires you to be a valid MMJ card holder and register your growing location with the state's Department of Health. Besides allowing the cultivation of marijuana, the regulations allow you to possess up to four marijuana ounces at a particular time.
The state may also allow you to possess recreational marijuana products as long as you don’t have more than one ounce at a specific time. MMJ patients in this state can cultivate a maximum of six cannabis plants, with less than three that are flowering or mature.
Cultivating Marijuana in Illinois
Since January 2020, residents of Illinois have been enjoying the legal recreational use of marijuana after voters passed the HB 1438 Bill. You can legally purchase recreational and medical marijuana products from your preferred dispensary across the state.
Nevertheless, the state reserves marijuana cultivation to cultivation center agents. You can also cultivate weed in this state if you do business or you’re an employee at a legalized state dispensary.
Cultivating Marijuana in Louisiana
Louisiana legalized medical marijuana use in the state on August 1, 2019. Unlike many states boasting numerous licensed marijuana dispensaries, this state has a different approach. The state mandated the Department of Agriculture and Forestry to oversee the processing, production, and distribution of medical marijuana.
After the production, the state-sanctioned entities will dispense the products to patients. Remember, the state only designates the Southern University and the Louisiana State University with the cultivation of medical marijuana.
Cultivation of Cannabis in Maine
This state has a varied and huge history of marijuana use. Maine was the first state to prohibit marijuana use in 1913, and in 1973 this state also became the first to decriminalize marijuana use in the modern era. In 1999, the state legalized medical marijuana use, and later in 2016, voters passed Question one to legalize recreational marijuana use.
Following the legalization of medical and medical marijuana use, the state allowed individuals above 21 to grow a maximum of six flowering and mature stems. You can also legally possess up to 2.5 marijuana ounces. The Maine lawmakers 2018 later passed the LD 238 Bill allowing third-party extraction of marijuana for medical purposes.
Later, LD 1539 included the provisions for legally possessing and using medical marijuana after getting a physician’s recommendation. With the amendment, you don’t have to name a specific dispensary or caregiver as your sole source/supply of medical cannabis products. Thus, medical marijuana patients have a wide range of sources or options for sourcing medical marijuana products. Despite the state allowing patients to grow marijuana stems, you can’t grow more than six stems.
Growing Cannabis in Maryland
In Maryland, caregivers and qualifying patients may apply for an MMJ card to access and use medical marijuana products legally. The patients can designate a maximum of two caregivers to purchase or possess the medical marijuana products on their behalf. The state allows approved patients to purchase these products from licensed and state-approved dispensaries. Unfortunately, the state doesn’t allow patients and caregivers to cultivate marijuana.
Cultivating Marijuana in Massachusetts
Massachusetts legalized marijuana in 2016 after voters passed the Question 4 bill with over 54%. The regulation allowed each household to cultivate six marijuana stems. Nevertheless, you can increase the number to twelve if you’ve got two or more adults in the home or house.
When growing these plants, ensure you can see them from the streets. In addition, the law allows you to keep or store a maximum of 10 dry marijuana ounces at home. It’ll be appropriate to keep the marijuana in a locked container or place if you’ve got more than one ounce at home.
Growing Cannabis in Michigan
Michigan legalized marijuana for medical purposes in 2008 only for terminally ill patients. Nevertheless, the state moved to legalize recreational marijuana in 2018. With the legalization, you can now legally possess a maximum of 2.5 oz and keep up to 10oz in your residence.
The state also allows you to cultivate a maximum of 12 plants in an enclosed and private space for individuals above 21 years old. Your designated caregiver can also grow the stems on your behalf if you enable to grow the cannabis on your own.
Growing Marijuana in Missouri
Medical marijuana consumption is legal in Missouri. The state allows designated caregivers and patients to possess a maximum of four marijuana ounces for a 30-day duration. You must pay a registration fee for the state to allow you to cultivate up to six marijuana stems (that are flowering and mature). Nevertheless, the guidelines require that you grow them in a locked, secure, and locked space.
Cultivating Marijuana in Montana
Since 2004, the Montana authorities have allowed the use of marijuana for medical purposes. The state allows registered cardholders to grow up to four flowering or mature plants and seedlings. You can only possess one marijuana ounce, eight vape cartridges, and eight cannabis concentrate at any given time.
With two or more MMJ cardholders, you can cultivate up to eight seedlings and eight mature cannabis plants. Remember that you must report your specific location or residence where you want to cultivate marijuana to the Montana Department of Public Health.
Cultivating Marijuana in Nevada
Nevada legalized medical marijuana use in November 2000. Later in November 2016, the voters passed Question 2 with over 54% of the total votes to legalize recreational marijuana use. The state allows adults to enjoy recreational use as long as they’re more than 25 miles from the nearest marijuana dispensary.
If you meet the above criteria, the state allows you to grow approximately six plants per individual and twelve stems per household. Nevertheless, you must choose an enclosed, secure, and locked place to grow the plants. When residing in a rented property, it’ll be good to seek permission from the owner before planting marijuana on the premises.
Cultivating Marijuana in New Hampshire
Reports show that New Hampshire is one of the most recent states to decriminalize medical marijuana use. The authorities in this state may arrest you and fine you $100 if you’re 18 years older and possess less than ¾ ounce of marijuana.
Despite legalizing medical marijuana use, to some extent, personal cannabis use might be illegal. Remember, the state allows residents with a qualifying condition to apply for a medical marijuana card to help them access these products legally. Afterwhich, you can purchase the products in your preferred dispensary.
Recently the legislatures passed the HB364 bill to allow patients and designated caregivers to cultivate their plants. The plants should include 12 seedlings, seedlings, and three mature plants. However, the plants should be in an enclosed and secure space, away from the public or road users.
Growing marijuana in New Mexico
Since April 2007, New Mexico residents have enjoyed the legalization of medical marijuana use. Furthermore, you or your designated caregiver can cultivate up to 16 marijuana stems at a time if you have a valid MMJ card. The MMJ program reveals that among the 16 plants, only four should be mature.
Growing Marijuana in New York
New York legalizes medical cannabis use. Nevertheless, you must obtain a New York MMJ card, and the law requires you to get the supply from a state-approved or registered dispensary. The state has yet to legalize growing cannabis for medical or adult use.
Cultivating Weed in North Dakota
SB 2344 in North Dakota legalizes medical marijuana use. Nevertheless, caregivers and qualified patients can only purchase a maximum of 2 ½ ounces. Furthermore, the bill doesn’t allow them to possess or have marijuana exceeding three ounces at a given time. Currently, the state lacks laws allowing marijuana cultivation for recreational or medical purposes.
Cultivating Cannabis in Oklahoma
This state is one of the latest jurisdictions to legalize medical marijuana use. You must obtain a valid Oklahoma MMJ card to obtain medical marijuana products from state-approved dispensaries.
Growing Cannabis in Oregon
Oregon has legalized recreational marijuana use since 2014 after voters passed the Measure 91 Bill. The state started permitting residents to cultivate a maximum of four plants at home. Nevertheless, you must be 21 years or older to qualify for cultivation. Importantly, the state allows caregivers to cultivate medical marijuana plants for their patients. However, they shouldn't grow the stems for more than eight MMJ patients at any given time and up to six mature stems per patient.
Growing Marijuana in Rhode Island
Despite Rhode Island legalizing marijuana for media purposes since 2006, these products are only available for patients with certain qualifying conditions, such as glaucoma, HIV/AIDs, etc. The state allows qualified MMJ patients to cultivate up to 12 marijuana seedlings and 12 mature stems. Designated caregivers can also grow marijuana on behalf of their patients. Remember to grow all your cannabis plants in an enclosed space or location.
Cultivating Weed in Vermont
Vermont legalized medical marijuana in May 2004 after legislatures passed Senate Bill 76. In January 2018, Vermont became the first state to legalize adult marijuana use. Since July 2018, the regulations allowing adult marijuana use started taking effect, residents in this state are free to cultivate at most nine marijuana stems, with only two mature or flowering plants.
Growing Marijuana in Washington
This state has become popular or iconic due to leading the legalization of recreational marijuana use. Voters passed the Washington Initiative 502, which came into effect in December 2012. Like Colorado, the state allowed its residents to consume marijuana for recreational or adult use. Nevertheless, the law only allows designated entities and qualified medical patients to grow the herb.
Remember, the authorities must enter you into the state’s voluntary patient database to allow you to cultivate up to six marijuana stems. The regulations allow you to possess eight usable marijuana ounces coming from the planted stems.
Growing Marijuana in Washington D.C
Washington, D.C voters, passed initiative 71 in 2014 to legalize recreational marijuana use. The law allowed adults above 21 years to plant a maximum of six marijuana stems for personal use. Instead of planting them for commercial purposes, you can choose to gift them together with purchasing other products like sunglasses, t-shirts, etc.
Importantly, if you live in a household with more than one adult, you can adjust the number of stems to twelve. You can have six flowering plants per adult and less than three mature stems among the twelve stems.
Bottom Line on the State-by-state Laws For Cultivating Cannabis
Only a few states from the above allow you to cultivate marijuana at home for recreational or medicinal use. It’ll be wise to check if your state allows legal cultivation of marijuana, as growing marijuana against the state laws may attract huge fines and severe penalties.
Besides checking if the state allows you to grow marijuana, check whether it allows only MMJ physicians to grow these products or if it’s open to the general public.
For instance, marijuana is illegal in Georgia, even for medical patients. Despite most states decriminalizing weed, you can still get in trouble. For example, if the authorities get you cultivating weed illegally, it can lead to hefty punishment, including a 10-year prison sentence or a $5000 fine. Cultivating more than ten marijuana pounds increases the prison sentence to approximately 30 years.
Although cultivating cannabis at home might be fun and convenient, it’ll be good to check your specific state laws before opting for the cultivation. It’ll be worthless to ruin your life and goals by trying to go against the law to cultivate a few marijuana stems at your premises.
Understanding your state marijuana laws and getting a medical marijuana card is the first step in the journey to start cultivating marijuana. HappyMD has state-approved and licensed physicians to provide 420 evaluations and help you get your medical marijuana card online. Book a session with us to receive your MMJ card instantly and start cultivating marijuana for your personal use.
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