Weed Cultivation Law: Where Can You Grow Weed Legally in the United States?

Weed Cultivation Law: Where Can You Grow Weed Legally in the United States? 

Cannabis has been one of the most controversial plants of the past century. 

There has been a lot of stigma and deliberate misleading stereotypes regarding its use, resulting in mixed ideas about its use and impacts on society. 

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

Some states like California and Colorado were early adopters of legislation for cannabis use, while New York and New Jersey only recently legalized the use.

Each state has its own laws governing cannabis use and cultivation. Some states have approved growing recreational marijuana at home, such as Hawaii and Maryland. Some states only approve home-grown medical marijuana, such as Arkansas and Florida, and for some states, marijuana is still illegal.

Although marijuana has gained acceptance nationwide, home cultivation of cannabis plants is still heavily regulated. Since 2020, various initiatives have begun to emerge, and it seems more likely that more states will soon allow home growing for personal use. 

 

Home growing for medical or recreational purposes.

Just because a state allows for medical marijuana doesn't mean you can automatically cultivate the crop. 

There is also a distinction between cultivating for recreational use and cultivating for medical use. Some states also have provisions for caregivers to grow cannabis for those under their care. 

 

States that allow you to grow marijuana for recreational purposes:

Alaska                                                              

California

Connecticut                                                                                                   

Colorado                                                         

Maine

Maryland

Massachusetts

Michigan

Minnesota

Nevada

Oregon

Vermont

Virginia

Washington D.C

Interestingly, in the 1990s, Oregon, California, and Washington led the nation in marijuana cultivation. Oregon is also a pioneer in liberalizing marijuana cultivation laws.

 

States that allow the cultivation of marijuana for medical use only:

Arizona           

Hawaii

Illinois

Missouri                                                                                       

Montana

New Hampshire

New Mexico

New York

Oklahoma

Rhode Island

South Dakota

Washington

These states have a lot of regulations when it comes to growing at home. Most specify the number of plants that can be grown at any one time for patients or caregivers. Local regulations may even apply to these laws.

 

What you need to know about marijuana cultivation laws

In the United States, selling and consuming weed containing more than 0.3% THC is illegal. While some state laws regulate the use of such cannabis, it is still illegal under federal law. 

The cultivation of industrial hemp requires special permission from the government. It wasn't until 2014 that universities and state agriculture departments were authorized to study the plant for industrial use. In December 2018, the farm bill passed, which made it legal to grow hemp in the country. However, there are many restrictions on growing cannabis for personal use.

 

How much marijuana can you legally possess?

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

Home Grown Cannabis Overview:

Most states have their own rules for home cultivation, so checking your state's regulations is well-advised before you start your home grow.  

Growing cannabis has several advantages and disadvantages. Therefore, you should conduct thorough research on plant types, climate, and other requirements before starting to grow cannabis. However, you need to make sure you grow your plants according to the rules. 

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

 

Different Types of Authorization to Grow Marijuana

For medical: Cannabis is now available for the treatment of a variety of conditions. Every state has marijuana cultivation laws regarding the medical cultivation of marijuana. Patients can grow their own plants or have them grown by a professional caregiver. Medicinal marijuana is a highly regulated industry. You can only grow cannabis with a permit or medical marijuana card. Other states, such as Nevada, have unique laws based on convenience. 

Adults over 21 years can legally grow cannabis plants at home for personal consumption, but only if there is no state-licensed cannabis dispensary within 25 miles of the home. If the grower is a medical marijuana patient, they can cultivate up to 12 plants but need a valid Nevada medical marijuana card. The plants must be kept out of public sight and in a room with a lock. 

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

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

 

States that allow medical marijuana but prohibit home cultivation:

Delaware                                                

Florida                                                     

Iowa 

Louisiana                                                

New Jersey

North Dakota

Ohio

Pennsylvania

Utah

West Virginia 

These states require patients to show a card on request to pick up the required dose from a dispensary. The first state to legalize medicinal marijuana was California, back in 1996. New York legalized the medical use of marijuana back in 2014. They also legalized recreational marijuana in 2021. Unfortunately, the states listed in this section above only allow for medical marijuana, and you'll need to be registered to obtain any legally. 

 

Medical, recreational, and home cultivation is not allowed.

Some states in the United States have not yet legislated for the use or cultivation of cannabis.

Here are the states where CBD/ Low-THC marijuana is legal:

Georgia                                          

Indiana                                             

Iowa

Nebraska 

North Carolina

South Carolina 

Tennessee 

Texas

Wisconsin 

Wyoming                                                                                                

Kentucky became the 38th state to legislate for medical marijuana. While the bill for medical marijuana was signed in March 2023, it will not officially go into effect until 2025. The governor, Andy Beshear, made an executive order provision that will allow for legal possession under strict conditions from November. Georgia, Indiana, Iowa, North Carolina, Tennessee, Texas, Wisconsin, and Wyoming allow for low-CBD THC products.

About growing marijuana in Canada

Possession of about 30 grams of marijuana or more than an ounce of weed is legal anywhere in Canada. States have a variety of rules regarding the consumption, cultivation, and sale of marijuana. States such as Alberta, British Columbia, and Ontario have strict laws on smoking marijuana in designated areas. 

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

 

The future of cannabis farming

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

The world is slowly moving toward the decriminalization of marijuana. The biggest step is for the United Nations to recognize marijuana for medical use and remove it from the list of dangerous drugs!