Complete State-by-State Guide for Growing Marijuana Legally
Clearly, the marijuana industry shows no signs of slowing down, as it becomes ever more mainstream. So what will be the next big thing for this herb? Well yes, it’s going to be CBD oil. CBD is going to be the thing that will change the way people thinkabout marijuana use.
We have witnessed wondrous miracles with CBD use, like the little girl named Charlotte who is living a normal life now. CBD proved that marijuana is more than just an illicit plant – it can be used to treat chronic pain, epilepsy, cancer just to name a few. CBD or Cannabidiol is the next big thing in cannabis. A common question for medical cannabis patients and even recreational users is whether growing marijuana is allowed in the state they live. Cannabis laws differ by state (1), with some allowing home cultivation while others don’t. Though cannabis is still federally illegal in the US (considered as a Schedule 1 substancee), many states has legalized its possession and cultivation for valid medical purposes and adult use. Below is a helpful guide we put together outlining the marijuana cultivation status for states that legalized medical marijuana: Alaska
Alaska approved recreational marijuana in 2014 that granted adults over the age of 21 to grow no more than six marijuana plants at home, of which not more than three plants may be mature. If you are living in a residence with two adults over 21, you can grow a total of 12 plants, with 6 of them flowering. Patients or the primary caregivers may legally possess not more than an ounce of marijuana. The state run a confidential patient registry which issues identification card for patients qualified. See here (2) for more details on Alaska. Arizona Patients or their registered caregivers may possess up to 2.5 ounce of marijuana for 14 days from a registered non-profit marijuana dispensary. If you are living more than 25 miles from the nearest medical marijuana dispensary, you may grow up to 12 plants in an indoor facility. See here (3) for more details on Arizona. California Medical marijuana growers in California got the best deal among all US states. But you have to qualify as a registered medical marijuana grower in order to legally grow dozens of marijuana plant. You will need a doctor’s recommendation along with a government-issued identification card to qualify. Qualified growers are permitted to have not more than 8 ounces of cannabis. Some counties in California have banned marijuana growing. But under the new medical marijuana law, a California patient may be allowed 100 square feet for cultivation. If you are a designated caregiver for several patients (maximum of 5 patients), you are allowed to cultivate 500 square feet for planting. Growers are also allowed to be given compensation for out-of-pocket cultivation-related expenses. Although nobody is still certain how the new California cannabis laws will be enforced but one can plant 20 mature cannabis plants in a 100 square feet space and nearly 100 mature plant into a 500 square feet lot. See here (4) for more details on California. Colorado
Adults over 21 are legally allowed to grow six marijuana plants, but only 3 of these plants should be flowering or mature at one time. Those who want to exercise their right to grow are permitted to share not more than one ounce with other adults. A patient or designated caregiver must qualify for a medical marijuana certification and possess a medical marijuana registry identification card in order to carry not more than two ounces of marijuana and a maximum of six plants. Possession of one ounce of usable marijuana is allowed in Colorado, but anything more and you’ll be charged of felony or misdemeanour. People who refuse to join the registry or hold greater weight of marijuana may dispute the ‘affirmative defence of medical necessity, if ever they get arrested on marijuana charges. It is important to note that municipalities and counties can impose stricter law. For instance, Denver City limits home grows to 12 plants even if more than three adults over 21 are living in a residence. See here (5) for more details on Colorado. District of Columbia Under Initiative 71, adults over 21 may grow six marijuana plants, with not more three flowering plants at any time in their residence. Not-for-profit transactions that involve small amounts of cannabis are also allowed. See here (6) for more details on District of Columbia Hawaii
A patient must register in a medical marijuana program, together with a physician recommendation, if they intend to grow their own plant. Patients may cultivate an ‘adequate supply’, which means you are allowed to grow seven plants, whether mature or immature, and possess no more than 4 ounces of usable marijuana. A qualifying patient could assign a caregiver on their application to have seven plants, mature or immature, on their behalf. However, a caregiver can only grow for one patient. When growing marijuana, each plant must be tagged with 329 card number and the expiration date. Under the Act 241, a caregiver’s ability to grow medical marijuana on behalf of the patient is no longer allowed after December 31, 2018, except for minor patients or adults living in an island without a dispensary or those lacking legal capacity. See here (7) for more details on Hawaii. Maine Thanks to the recent passing of recreational marijuana in Maine, adults over 21 are now allowed to grow 12 plants in their home, with only 6 of the 12 plants may be mature or flowering. Growers can also store unlimited amount of marijuana seedlings. The plants can be grown indoor or outdoor, but outdoor plants should not be visible from the sky or from public road. This means, it must be grown in an enclosed or covered facility. Each plant should be tagged with the grower’s identification number or driver’s license number. Patients may legally possess 2.5 ounces of usable marijuana. See here (8) for more details on Maine. |
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Massachusetts
Adults over 21 may grow up to six flowering plants per person for recreational use and the plants should not be visible to the public.
For qualified medical marijuana patients with a hardship cultivation registration, they may grow a limited number of plants enough for a 60-day supply for that patient’s use. A registered patient may apply for a hardship cultivation registration if he can prove that his access to a medical dispensary is limited by:
Application for hardship cultivation will be reviewed and approved/denied within 30 days.
See here (9) for more details on Massachusetts.
Michigan
A qualified patient may possess 2.5 ounces of marijuana and 12 marijuana plant in an enclosed facility. The 12 plants may be cultivated by the patient only if he has no personal caregiver to grow marijuana on his behalf.
See here (10) for more details on Michigan.
Adults over 21 may grow up to six flowering plants per person for recreational use and the plants should not be visible to the public.
For qualified medical marijuana patients with a hardship cultivation registration, they may grow a limited number of plants enough for a 60-day supply for that patient’s use. A registered patient may apply for a hardship cultivation registration if he can prove that his access to a medical dispensary is limited by:
- Lack of personal caregiver with transportation, physical incapacity to drive oneself or access transportation, lack of a registered medical dispensary (RMD) that can deliver to patient’s main address
- Verified financial hardship
- A registration fee
- Information that claims access to a reliable transportation or RMD is limited
- An explanation that include lack of other alternatives to mitigate the limitation stated above
- The address and description of the area that shall be used for marijuana growing, which must be the residence of the patient or the caregiver
- An explanation of how the patient will grow marijuana
- A description of the system or a security device that will be used for the cultivation area
- A written acknowledgement of the limitations on his authorization to possess, grow and use cannabis for medical purposes.
Application for hardship cultivation will be reviewed and approved/denied within 30 days.
See here (9) for more details on Massachusetts.
Michigan
A qualified patient may possess 2.5 ounces of marijuana and 12 marijuana plant in an enclosed facility. The 12 plants may be cultivated by the patient only if he has no personal caregiver to grow marijuana on his behalf.
See here (10) for more details on Michigan.
Montana
Registered cardholder can hold up to one ounce of usable marijuana, 12 seedlings and 4 mature plants. A cannabis-infused product provider can only possess the same number of seedlings, mature plants and usable marijuana.
If a registered cardholder chooses to have a provider, he’s not allowed to grow for himself.
See here (11) for more details on Montana.
Nevada
Adults over 21 may possess one ounce of usable marijuana and/or 3.5 of cannabis concentrate. You can legally grow cannabis plants at your residence for personal consumption only if there’s no state-licensed marijuana dispensary within 25 miles from your home.
You are only allowed up to 6 plants per person but not more than 12 plants for every household. The plants should be grown within a room, a closet, greenhouse or any enclosed area that’s equipped with a security device. Also, the growing area must not be visible from the public. The grower should own the property or have a written permission letter from the legal owner.
See here (12) for more details on Nevada.
New Mexico
Qualified patients should apply for a Personal Production License (PPL) to cultivate their own medical cannabis supply. The licence should be posted near the growing area. A PPL permits patients to have four mature plants and 12 seedlings.
Qualified patients can hold up to eight ounces or 230 grams of usable cannabis.
See here (13) for more details on New Mexico.
Oregon
Adults over 21 may possess 8 ounces of usable marijuana, while a registered medical marijuana patient may keep up to 24 ounce.
Recreational users over age 21 may grow up to four plants per residence. Medical marijuana patients can cultivate six mature plants, which should be planted at a registered site address. Oregon growers and caregivers cannot grow for more than four patients and cannot cultivate more than six plants per patient.
See here (14) for more details on Oregon.
Registered cardholder can hold up to one ounce of usable marijuana, 12 seedlings and 4 mature plants. A cannabis-infused product provider can only possess the same number of seedlings, mature plants and usable marijuana.
If a registered cardholder chooses to have a provider, he’s not allowed to grow for himself.
See here (11) for more details on Montana.
Nevada
Adults over 21 may possess one ounce of usable marijuana and/or 3.5 of cannabis concentrate. You can legally grow cannabis plants at your residence for personal consumption only if there’s no state-licensed marijuana dispensary within 25 miles from your home.
You are only allowed up to 6 plants per person but not more than 12 plants for every household. The plants should be grown within a room, a closet, greenhouse or any enclosed area that’s equipped with a security device. Also, the growing area must not be visible from the public. The grower should own the property or have a written permission letter from the legal owner.
See here (12) for more details on Nevada.
New Mexico
Qualified patients should apply for a Personal Production License (PPL) to cultivate their own medical cannabis supply. The licence should be posted near the growing area. A PPL permits patients to have four mature plants and 12 seedlings.
Qualified patients can hold up to eight ounces or 230 grams of usable cannabis.
See here (13) for more details on New Mexico.
Oregon
Adults over 21 may possess 8 ounces of usable marijuana, while a registered medical marijuana patient may keep up to 24 ounce.
Recreational users over age 21 may grow up to four plants per residence. Medical marijuana patients can cultivate six mature plants, which should be planted at a registered site address. Oregon growers and caregivers cannot grow for more than four patients and cannot cultivate more than six plants per patient.
See here (14) for more details on Oregon.
Rhode Island
Home cultivation of medical cannabis is allowed only if the grower is registered in the state’s medical marijuana program. Patients may cultivate up to 12 plants and 12 seedlings at one time. The plants must be grown in an indoor facility.
A primary caregiver can possess a reasonable amount of marijuana, which includes up to 24 seedlings that are properly labelled each.
Cooperatives are also allowed. Two or more patients can grow cannabis jointly under the following restrictions:
Vermont
A registered patient may possess two ounces of usable marijuana. A registered caregiver can assist a patient and may possess two ounces of usable marijuana.
Registered patients can cultivate up to two mature marijuana plants and 7 immature plants. A designated caregiver can also do the same to assist a registered patient. The combined possession amounts between the patient and the caregiver should not exceed the total possession limit.
See here (16) for more details on Vermont.
Washington
Qualified Washington medical marijuana patients and their designated caregivers who are entered into the State’s database may legally buy the following amounts from a dispensary provided they bring a medical endorsement:
They are also allowed to cultivate six plants for personal use and possess a maximum of 8 ounces produced from that plants. If the physician thinks a patient needed more, up to 16 ounces of usable marijuana and 15 cannabis plants may be authorized.
Qualified patients may buy seeds or clones at a medically-endorsed marijuana selling facility. Adults without authorization are not allowed to cultivate marijuana for personal use.
See here (17) for more details on Washington.
Home cultivation of medical cannabis is allowed only if the grower is registered in the state’s medical marijuana program. Patients may cultivate up to 12 plants and 12 seedlings at one time. The plants must be grown in an indoor facility.
A primary caregiver can possess a reasonable amount of marijuana, which includes up to 24 seedlings that are properly labelled each.
Cooperatives are also allowed. Two or more patients can grow cannabis jointly under the following restrictions:
- Non-residential co-ops. May grow up to 24 mature plants, 24 seedlings and 10 ounces of usable cannabis
- Residential co-ops. May grow up to 48 mature plants, 48 seedlings and 10 ounces of usable cannabis
Vermont
A registered patient may possess two ounces of usable marijuana. A registered caregiver can assist a patient and may possess two ounces of usable marijuana.
Registered patients can cultivate up to two mature marijuana plants and 7 immature plants. A designated caregiver can also do the same to assist a registered patient. The combined possession amounts between the patient and the caregiver should not exceed the total possession limit.
See here (16) for more details on Vermont.
Washington
Qualified Washington medical marijuana patients and their designated caregivers who are entered into the State’s database may legally buy the following amounts from a dispensary provided they bring a medical endorsement:
- 3 ounces usable marijuana
- 48 ounces of solid-form marijuana-infused product
- 216 ounces liquid-form marijuana-infused product
They are also allowed to cultivate six plants for personal use and possess a maximum of 8 ounces produced from that plants. If the physician thinks a patient needed more, up to 16 ounces of usable marijuana and 15 cannabis plants may be authorized.
Qualified patients may buy seeds or clones at a medically-endorsed marijuana selling facility. Adults without authorization are not allowed to cultivate marijuana for personal use.
See here (17) for more details on Washington.
Definitions
- Edibles. These are marijuana-infused products that are eaten versus smoking concentrate. Common forms of edibles include baked goods (cookies and brownies), candy (gummies, chocolate, lollipops), but can be found in soda, coffee and more.
- Hashish. An Arabic term for concentrated or compressed cannabis resin.
- Immature marijuana plant. A Cannabis plant that is a seedling or has no flowers.
- Medical marijuana. All parts of the plant Cannabis that is dried, produced, kept, processed, stored, transferred, delivered, provided or dispensed for the benefit of a person to alleviate the symptoms or the effects of a debilitating medical condition.
- Medical marijuana facility (Dispensary). Any operation or facility intended, designed or used for delivering, transferring or dispensing marijuana to an individual with a registry identification card.
- Qualifying conditions. Conditions or ailments that can qualify a patient for medical marijuana. The most common qualifying conditions include cancer, HIV/AIDS, Parkinson's Disease, Lou Gehrig's Disease, Multiple Sclerosis,damage to the nervous tissue of the spinal cord; epilepsy/seizures, chronic pain, PTSD, ADHD and depression.
- Registered Marijuana Dispensary (RMD). An RMD is business that is registered to sell medical cannabis in Massachusetts.
- Usable Marijuana. Dried flowers and leaves of cannabis plant; any preparation or mixture thereof but does not include stalks, seeds and roots of the plant.
Important Points about Legally Growing MarijuanaWhen it comes to marijuana growing, there are some facts you need to note:
- Nearly every state that allow marijuana possession and home cultivation has still severe penalties for individuals who possess, grow or sell cannabis without a medical cannabis qualification.
- In all states, authorities can arrest you for cultivating marijuana, whether you are a legal grower or not. When arrested, you need to go to court to seek for dismissal of your charges or to obtain acquittal in a trial.
- Nearly all states where you can legally grow marijuana, the laws place limitations on how to grow and if you can plant outdoors.
- State marijuana laws are still subject to revision and interpretation. They are often altered, changed or cancelled by lawmakers or by legal cases that originate from court decisions.
- Every state has varying laws that govern cannabis oil, edibles, concentrates, hashish, tinctures, capsules, rolls and buds and other cannabis-infused products. Most of the time, these products are strictly regulated.
- In order to qualify for medical marijuana, a patient must be diagnosed disease or ailment that is on the state’s list of qualifying medical marijuana conditions. A patient must obtain a recommendation from a local physician to get a medical marijuana card or an authorization to purchase from dispensaries or medical marijuana products.
- In states that allow recreational marijuana, adult users don’t need a medical marijuana card or an authorization but they may not be able to buy the same cannabis products that are sold for patients.
- A number of medical marijuana-legal states do accept out-of-state authorizations: Arizona, Nevada, Maine, Michigan, Rhode Island, New Hampshire and Pennsylvania.
Reference:
(1) ProCon.org. 29 Legal Medical Marijuana States and DC: Laws, Fees, and Possession, Limits. https://medicalmarijuana.procon.org/view.resource.php?resourceID=000881
(2) http://dhss.alaska.gov/dph/Director/Pages/marijuana/law.aspx
(3) http://www.azdhs.gov/licensing/medical-marijuana/index.php#faqs-cultivation
(4) http://bcc.ca.gov/
(5) https://www.colorado.gov/pacific/marijuanainfodenver/marijuana-retailers-home-growers
(6) http://norml.org/laws/item/district-of-columbia-penalties
(7) http://health.hawaii.gov/medicalcannabisregistry/submenu/doh-medical-use-of-marijuana-administrative-rules-effective-july-18-2015/
(8)http://www.maine.gov/dhhs/mecdc/public-health-systems/mmm/documents/MMMP-Rules-144c122.pdf
(9) http://www.mass.gov/eohhs/docs/dph/regs/105cmr725.pdf
(10)http://www.legislature.mi.gov/(S(fysssghremwtlhvz2ma3xxjf))/documents/2011-2012/publicact/pdf/2012-PA-0512.pdf
(11)http://leg.mt.gov/bills/mca/50/46/50-46-319.htm
(12)http://marijuana.nv.gov/Legal/GrowingAtHome/
(13)https://nmhealth.org/publication/view/regulation/126/
(14)http://www.oregon.gov/olcc/marijuana/Pages/Frequently-Asked-Questions.aspx
(15)http://webserver.rilin.state.ri.us/Statutes/TITLE21/21-28.6/21-28.6-4.HTM
(16)http://vcic.vermont.gov/marijuana-registry/faq
(17) http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/Senate/5052-S2.SL.pdf
(1) ProCon.org. 29 Legal Medical Marijuana States and DC: Laws, Fees, and Possession, Limits. https://medicalmarijuana.procon.org/view.resource.php?resourceID=000881
(2) http://dhss.alaska.gov/dph/Director/Pages/marijuana/law.aspx
(3) http://www.azdhs.gov/licensing/medical-marijuana/index.php#faqs-cultivation
(4) http://bcc.ca.gov/
(5) https://www.colorado.gov/pacific/marijuanainfodenver/marijuana-retailers-home-growers
(6) http://norml.org/laws/item/district-of-columbia-penalties
(7) http://health.hawaii.gov/medicalcannabisregistry/submenu/doh-medical-use-of-marijuana-administrative-rules-effective-july-18-2015/
(8)http://www.maine.gov/dhhs/mecdc/public-health-systems/mmm/documents/MMMP-Rules-144c122.pdf
(9) http://www.mass.gov/eohhs/docs/dph/regs/105cmr725.pdf
(10)http://www.legislature.mi.gov/(S(fysssghremwtlhvz2ma3xxjf))/documents/2011-2012/publicact/pdf/2012-PA-0512.pdf
(11)http://leg.mt.gov/bills/mca/50/46/50-46-319.htm
(12)http://marijuana.nv.gov/Legal/GrowingAtHome/
(13)https://nmhealth.org/publication/view/regulation/126/
(14)http://www.oregon.gov/olcc/marijuana/Pages/Frequently-Asked-Questions.aspx
(15)http://webserver.rilin.state.ri.us/Statutes/TITLE21/21-28.6/21-28.6-4.HTM
(16)http://vcic.vermont.gov/marijuana-registry/faq
(17) http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/Senate/5052-S2.SL.pdf
