The Legality of Cannabis Home Grow In Your State

Medically reviewed by Alexander Tabibi, MD
January 13, 2023
home grow
home grow

Cannabis cultivation for personal use is a popular activity in many parts of the world, but the legality of cannabis home grow in your state can vary widely depending on where you live in the U.S. Check here to see your state’s laws. In some states, cannabis cultivation is legal for recreational or medical use, while in others it is strictly prohibited. It is important to understand the laws in your state before embarking on a home grow operation, as violating these laws can result in fines, imprisonment, and other legal penalties.

As of Jan 1 2023, States that have approved home growing of recreational or medical cannabis include:

Alaska, Arizona, California, Colorado, Connecticut (med only), Hawaii (med only), Illinois** (Med only), Maine, Massachusetts, Michigan, Minnesota (med only) Missouri (med only), Montana, Nevada, New Mexico, New York, Oklahoma, Oregon, Rhode Island, South Dakota (med only), Vermont, Washington** (med only), Washington, D.C.

***Asterisks indicate that even though recreational cannabis is legal, it is still illegal to home grow without a medical card.

Step 1: Check The Legality of Cannabis Home Grow In Your State

The first step in determining the legality of cannabis cultivation in your state is to familiarize yourself with the relevant laws. In states where cannabis is legal for recreational or medical use, there will usually be specific laws governing home cultivation. These laws may specify the number of plants you are allowed to grow, whether you can cultivate cannabis indoors or outdoors, and any other restrictions or requirements. In states where cannabis is illegal, cultivation of any kind is also illegal.

To find information about the laws in your state, you can do the following:

  • Search online: Many states have government websites that provide information about the legality of cannabis home grow in your state. You can search for the name of your state plus “cannabis laws” or “home grow laws” to find relevant information.
  • Contact your state’s regulatory agency: Each state has an agency or department that is responsible for regulating cannabis cultivation. This could be the Department of Health, the Department of Agriculture, or another agency. You can contact this agency to ask about the laws governing home grow operations in your state.
  • Consult a lawyer: If you have any doubts about the legality of cannabis home grow in your state, you may want to consult a lawyer for advice. A lawyer can help you understand the laws and advise you on the best course of action.

Step 2: Check with a local dispensary or cannabis organization

If you have a dispensary or cannabis organization in your area, they may be able to provide information about the laws governing home grow operations in your state. Dispensaries and cannabis organizations often have a good understanding of the local regulations and can help you navigate the legal landscape.

Step 3: Understand any limits or restrictions on the legality of cannabis home grow in your state

Even in states where cannabis cultivation is legal, there may be limits or restrictions on the number of plants you can grow or other aspects of your home grow operation. For example, you may be required to have a special license or permit to cultivate cannabis, or you may be restricted to growing a certain number of plants. Be sure to familiarize yourself with these limits and restrictions, as violating them can result in legal consequences.

Checking the legality of cannabis home grow in your state is an important first step before starting a home grow operation. By understanding the laws and any limits or restrictions in your state, you can ensure that your home grow operation is legal and avoid any legal issues. If you have any doubts about the legality of cannabis home grow in your state, it is a good idea to consult a lawyer or a local dispensary or cannabis organization for advice.