With more states passing a variety of marijuana legalization laws each year, one of the most commonly asked questions is whether marijuana laws in a given area allow for the cultivation of marijuana or not. Cultivation of marijuana laws is typically contained within a broader overhaul of marijuana legalization laws that allow for either recreational or medical use of marijuana, or both. The law on growing marijuana varies from state to state, and even states with similar marijuana use laws may have the very different cultivation of marijuana laws. Federal marijuana laws still prohibit the growing of marijuana, however, some states have passed growing marijuana laws. Below is a breakdown of the states that have passed a growing marijuana law.

Alaska

In 2015, voters in Alaska passed a referendum, which enacted recreational marijuana. Included in the states’ law is a growing marijuana law, which states that Alaska residents who are twenty-one years or older are allowed cultivating no more than six plants for their personal use.

Arizona

Arizona legalized the use of marijuana for medical purposes in 2011. The law allows patients with certain conditions to legally cultivate no more than twelve marijuana plants. However, the right to cultivate marijuana plants only extends to residents who live in excess of 25 miles of a licensed medical cannabis dispensary.

California

In 2016, California voters passed a referendum, which legalized the recreational use of marijuana in the state. The law allows citizens ages twenty-one an older to cultivate no more than six plants for their personal use.

Colorado

Colorado was the first state to legalize recreational marijuana. Under the state’s cannabis laws, residents over the age of twenty-one may cultivate up to six marijuana plants for their own use. However, no resident may possess or cultivate more than three mature marijuana plants at the same time.

Colorado

Colorado was the first state to legalize recreational marijuana. Under the state’s cannabis laws, residents over the age of twenty-one may cultivate up to six marijuana plants for their own use. However, no resident may possess or cultivate more than three mature marijuana plants at the same time.

Hawaii

Hawaii’s medical marijuana law, which passed in 2000, gave Hawaii residents the right to cultivate marijuana plants in their home for medical purposes. However, in 2015, the state’s law expanded to allow purchases from dispensaries and raised the number of plants that can be cultivated in a resident’s home to seven marijuana plants.

Maine

Following a voting referendum, which passed in 2016, Maine legalized recreational marijuana. Under the cannabis laws of the state, residents who are over the age of twenty-one can cultivate no more than six plants in their home for personal use.

Massachusetts

In 2016, voters in Massachusetts voted to pass a referendum legalizing the recreational use of marijuana in the state. As a result, Massachusetts residents over the age of twenty-one can cultivate no more than six marijuana plants in their home, for personal use.

Michigan

Medical marijuana was legalized by legislation that passed the Michigan state house in 2008. Individuals in the state with a variety of medical conditions can legally cultivate no more than 12 plants for their medical usage.

Montana

In 2004, medical marijuana use was legalized in the state of Montana for citizens with a variety of medical conditions. Those patients, with a doctor’s recommendation, may legally cultivate up to sixteen plants in their home. However, Montana’s law prohibits the patient from cultivating more than eight mature plants at any one time.

Nevada

Voters in Nevada successfully passed a referendum in 2017, which legalized recreational marijuana use in the state. The law allows Nevada residents aged 21 or older to cultivate no more than six marijuana plants. However, home cultivation is only allowed for residents who live more than twenty-five miles from a licensed marijuana dispensary or retailer.

New Mexico

In 2007, the New Mexico legislature encted laws legalizing the medical use of marijuana for a variety of medical conditions. Patients with certain medical issues, upon the recommendation of a doctor, may legally cultivate no more than sixteen plants in their home for their personal medical use. However, under the terms of the law, no more than four plants can be mature at any one time.

Oregon

The voters in the state of Oregon passed a referendum in 2015, which legalized the use of recreational marijuana. The law allows Oregon residents who are twenty-one or older to cultivate up to four plants on their private property for personal use.

Rhode Island

The Rhode Island legislature passed medical marijuana legislation in 2006. The law allows patients with certain medical conditions to obtain a recommendation from their doctor, which allows the patient to legally cultivate no more than twelve marijuana plants for their personal medical use.

Vermont

In January of 2018, the legislature of the state of Vermont passed a bill, which legalized the recreational use of marijuana. It was the first state in the nation to legalize recreational use through legislation rather than via the ballot box. The law, which took effect on July 1, 2018, allows individuals to legally cultivate no more than six plants for their personal use. However, the law does limit the number of mature and flowering plants an individual can legally possess to two plants.

Washington D.C.

While Washington D.C. has long allowed legal use of marijuana for approved medical purposes, in 2014, the voters of the District of Columbia approved Initiative 71, which legalized the recreational use of marijuana. Under the 2014 law, an individual over the age of 21 can cultivate no more than six marijuana plants for their personal use, so long as no more than three plants are mature at any given time.

Summary

If the trend continues, it is likely that more and more states will continue to pass growing marijuana laws. However, the law on growing marijuana can be complex, so it is important to ensure you have thoroughly investigated the specific requirements for cultivating marijuana in your area. An experienced marijuana law attorney can help you navigate the complex laws that surround the cultivation and use of legal marijuana in your state. If you have experienced legal trouble because of cultivating marijuana, contact an attorney immediately to help protect your rights.

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"You will not be disappointed" John M.R. - Harrison, NY
"You will not be disappointed"
John M.R. - Harrison, NY