Cannabis cultivation law | Fifth Ave Green House

Marijuana cultivation law: Where can you legally grow marijuana in the USA?

Cannabis was one of the most controversial plants of the last century.

There is a lot of stigma and deliberately misleading stereotypes surrounding its use, which has led to mixed ideas about its use and its impact on society.

Only 11 of the 50 states in the USA have not legalized cannabis in some form. 38 states and the District of Columbia allow the medical use of cannabis.

Some states, such as California and Colorado, were the first to pass laws on cannabis use, while New York and New Jersey have only recently legalized its use.

Each state has its own laws governing cannabis use and cultivation. Some states, such as Hawaii and Maryland, have legalized the cultivation of recreational marijuana at home. Some states, such as Arkansas and Florida, only allow the cultivation of medical marijuana at home, and in some states marijuana is still illegal.

Although marijuana has gained acceptance across the country, growing cannabis plants at home is still subject to strict regulations. Since 2020, various initiatives have been in place, and it seems more likely that more states will soon allow home cultivation for personal use.

Home cultivation for medical or recreational purposes.

Just because a state allows medical marijuana doesn't mean you're automatically allowed to grow the plant.

A distinction is also made between cultivation for recreational use and cultivation for medicinal purposes. In some states, there are also regulations that allow caregivers to grow cannabis for those entrusted to their care.

States where the cultivation of marijuana for recreational purposes is legal:

Alaska

California

Connecticut

Colorado

Maine

Maryland

Massachusetts

Michigan

Minnesota

Nevada

Oregon

Vermont

Virginia

Washington, DC

Interestingly, Oregon, California, and Washington were national leaders in marijuana cultivation in the 1990s. Oregon is also a pioneer in liberalizing marijuana cultivation laws.

States where the cultivation of marijuana is permitted exclusively for medical purposes:

Arizona

Hawaii

Illinois

Missouri

Montana

New Hampshire

New Mexico

new York

Oklahoma

Rhode Island

South Dakota

Washington

These states have many regulations regarding home growing. Most limit the number of plants patients or caregivers can grow at one time. There may even be local regulations that apply to these laws.

What you need to know about marijuana cultivation laws

In the United States, the sale and consumption of marijuana with a THC content of more than 0.3% is illegal. While some state laws regulate the consumption of such cannabis, it is still illegal under federal law.

The cultivation of industrial hemp requires a special permit from the government. It was not until 2014 that universities and state agriculture ministries were given permission to study the plant for industrial use. In December 2018, the Agriculture Act was passed, legalizing hemp cultivation in the country. However, there are numerous restrictions on growing cannabis for personal use.

How much marijuana can you legally possess?

In most states where recreational marijuana use is legal, you must be at least 21 years old. The amount of weed you can legally possess varies from state to state, but is one ounce in most states where consumption is legal. Some states allow four plants to be grown at a time, while others, such as Alaska, allow up to six mature plants to be grown in a private home for personal use.

Overview of home-grown cannabis:

Most states have their own regulations regarding home growing, so it's a good idea to check your state's regulations before you start growing your own.

There are several advantages and disadvantages to growing cannabis, so you should do your research thoroughly about plant species, climate, and other requirements before you start growing cannabis. However, you must make sure that you grow your plants according to the rules.

According to marijuana cultivation laws, you must be at least 21 years old to grow a marijuana plant in any U.S. state. You are only allowed to grow a certain number of plants, or some states have designated areas where you can grow weed for recreational use. In California, each adult over the age of 21 is only allowed to grow six marijuana plants for recreational and medical use.

Different types of permits for growing marijuana

For medical purposes: Cannabis is now available to treat a variety of conditions. Every state has laws regarding medical marijuana cultivation. Patients can grow their own plants or have a professional grow them for them. Medical marijuana is a highly regulated industry. You can only grow cannabis with a permit or medical marijuana card. Other states, like Nevada, have unique laws based on convenience.

Adults over the age of 21 may legally grow cannabis plants at home for personal use, but only if there is no state-licensed cannabis dispensary within 25 miles. If the grower needs medical marijuana, they may grow up to 12 plants, but must have a valid Nevada medical marijuana card. The plants must be kept out of public view and in a locked room.

For recreation: Each state has specific restrictions on plants. For example, Alaska allows six plants per adult over the age of 21. Regardless of the number of adults, only 12 plants can be grown on a property and they must get permission from the property owner.

For medical and recreational purposes: As mentioned, different states have different laws. Where cannabis can be grown for recreational purposes, growing it for medicinal purposes is allowed by default. In California, there is no limit to the number of plants you can grow. You can grow as many plants as you want in a designated 100 square foot area.

States that allow medical marijuana but prohibit home cultivation:

Delaware

Florida

Iowa

Louisiana

New Jersey

North Dakota

Ohio

Pennsylvania

Utah

West Virginia

In these states, patients must present a card upon request to pick up the required dose at a dispensary. The first state to legalize medical marijuana was California in 1996. New York legalized the medical use of marijuana back in 2014. They also legalized marijuana for recreational use in 2021. Unfortunately, the states listed in this section above only allow medical marijuana, and you must be registered to legally obtain marijuana.

Cultivation for medicinal purposes, recreational use or at home is not permitted.

In some US states there are still no legal regulations regarding the consumption and cultivation of cannabis.

These are the states where CBD/low THC marijuana is legal:

Georgia

Indiana

Iowa

Nebraska

North Carolina

South Carolina

Tennessee

Texas

Wisconsin

Wyoming

Kentucky is the 38th state to legally allow medical marijuana. Although the medical marijuana law was signed in March 2023, it doesn't officially go into effect until 2025. Governor Andy Beshear issued an executive order allowing legal possession under strict conditions starting in November. Georgia, Indiana, Iowa, North Carolina, Tennessee, Texas, Wisconsin and Wyoming allow low-THC products with CBD content.

About marijuana cultivation in Canada

Possession of about 30 grams of marijuana, or more than an ounce of weed, is legal throughout Canada. Each state has different rules regarding the use, cultivation and sale of marijuana. States such as Alberta, British Columbia and Ontario have strict laws regarding smoking marijuana in certain areas.

However, under federal law, a person can grow marijuana by purchasing seeds from provincially regulated retailers. Canadians can grow up to four plants per household for personal use. If you want to sell them, you need a special license.

The future of cannabis cultivation

The world is moving fast and hopefully sooner than expected, countries will finally be able to legalize marijuana and its cultivation. However, the steps will be small. States that allow the cultivation of medical marijuana may allow recreational use. States that allow medical marijuana may allow cultivation, and so on.

The world is slowly moving towards decriminalizing marijuana. The biggest step is the United Nations recognizing marijuana for medicinal purposes and removing it from the list of dangerous drugs!