DISCLAIMER: Content in this article is for reference purposes and is not intended to substitute for advice given by legal counsel. Always seek the guidance of legal counsel with any questions you may have.
Cannabis legalization is on the move as even the federal government is considering a national reform in the coming years. With now over half of the states implementing some form of marijuana legalization or decriminalization, politicians can no longer turn a blind eye to the problem. As for right now, it’s in the states’ hands to determine marijuana laws.
Not only does the spread of legalization create the opportunity for a stellar retail market, but it allows for consumers in some states to begin growing at home. Consumers can take the problems with retail marijuana and mitigate them by growing marijuana in the comfort of their home. Rather than be forced to trust licensed vendors and lab testing facilities, many consumers and patients prefer to grow their own weed. While marijuana growing laws for recreational users vary by state, it is essential for consumers to understand their state grow laws before breaking ground.
Table of Contents
Alabama
Recreational: No
Medical: Limited (Hemp with less than 0.3% THC)
Possession Laws: Any amount of marijuana possession is illegal unless it contains less than 0.3% THC. The first charge is a misdemeanor with a max fine of $6,000. A second offense is considered a felony.
Marijuana Growing Laws: Alabama does not allow for any at home marijuana grows. Anyone caught growing marijuana can wind up serving at least a year in jail.
Alaska
Recreational: Yes
Medical: Yes
Possession Laws: Adults are allowed to possess up to one ounce of marijuana. Anything above an ounce of marijuana up to 4 ounces is considered a misdemeanor. Anything above 4 ounces is a felony in Alaska even though it’s recreationally legal.
Marijuana Growing Laws: Any adult may grow up to 6 plants at home. Only three plants may be flowering at a time, and the rest must be in vegetation.
Arizona
Recreational: No
Medical: Yes
Possession Laws: Any amount of marijuana, unless possessed by a licensed medical patient, is considered a felony. As the weight goes up, the offense becomes more severe with every pound.
Marijuana Growing Laws: A medical marijuana cardholder is allowed to grow up to 12 plants as long as the closest dispensary is more than 25 miles away.
Arkansas
Recreational: No
Medical: Yes
Possession Laws: Qualified medical marijuana patients can purchase up to 2.5 ounces at a time. Any other possession is considered illegal; however, anything less than 4 ounces is considered a misdemeanor on the first offense. Second offenses quickly jump to a felony charge.
Marijuana Growing Laws: At home grows are illegal across the board in Arkansas and will be considered a simple possession and intent to distribute depending on the amount.
California
Recreational: Yes
Medical: Yes
Possession Laws: Possession of up to an ounce is legal in the state of California. Even anything above the ounce limit is still only a misdemeanor. The fines increase if the charge was on school grounds.
Marijuana Growing Laws: An adult who is not a part of the medical marijuana program may grow up to six plants at a time in a locked private residence.
Colorado
Recreational: Yes
Medical: Yes
Possession Laws: Adults may possess up to an ounce of marijuana for personal use. Anything above an ounce is a petty offense, but anything more than 12 ounces becomes a felony in Colorado.
Marijuana Growing Laws: Adults are allowed to grow up to 6 marijuana plants at a time. Three plants may be flowering at a time, and the other three must be in vegetation. Anything over the six-plant limit, unless an extended plant patient, is considered a felony.
Connecticut
Recreational: No
Medical: Yes
Possession Laws: The possession limit in Connecticut is 2.5 ounces for patients. The state will only charge a civil penalty for the recreational possession of less than a half ounce on the first and second offense. Anything above a half ounce becomes a misdemeanor.
Marijuana Growing Laws: There are no marijuana growing laws in the state of Connecticut. The first offense, if less than 1 kilogram of cannabis, is still a fine of $25,000 and a potential of 7 years in prison.
Delaware
Recreational: No
Medical: Yes
Possession Laws: Patients in Delaware can possess up to 6 ounces at one time. Possession by non-patients of up to one ounce is only a civil penalty in Delaware. Anything less than an ounce is allowed for personal use. Anything above 175 grams is considered a felony.
Marijuana Growing Laws: Delaware does not allow for any at home grows. Even medical patients must purchase from a fully vertically integrated dispensary. First offense is an immediate felony.
Florida
Recreational: No
Medical: Yes
Possession Laws: Patients may possess up to a 70-day supply. Any recreational possession of 20 grams or less is a misdemeanor in the state of Florida. Anything above 20 grams is a felony charge.
Marijuana Growing Laws: There are no at home marijuana growing laws in Florida. Any growing offense is considered a felony in most instances.
Georgia
Recreational: No
Medical: Limited (Hemp with less than 0.3% THC)
Possession Laws: Possession of one ounce or less is a misdemeanor in Georgia. Anything above an ounce of marijuana is an immediate felony.
Marijuana Growing Laws: Any cultivation of marijuana is a felony in the state of Georgia.
Hawaii
Recreational: No
Medical: Yes
Possession Laws: Patients may possess up to 4 ounces. Possession by non-patients of less than one ounce of marijuana is a petty misdemeanor. Anything above a pound is considered a felony charge.
Marijuana Growing Laws: Medical marijuana patients are allowed to grow up to 10 plants as long as they indicate the desire to grow on the medical marijuana application. The home grow may only produce up to 4 ounces of usable marijuana at a time.
Idaho
Recreational: No
Medical: No
Possession Laws: There is no legal limit for possession in Idaho. However, anything less than 3 ounces is a misdemeanor. Anything above 3 ounces is a felony.
Marijuana Growing Laws: No cultivation of marijuana is allowed in Idaho, and the first offense is a felony.
Illinois
Recreational: Yes (as of January 1, 2020)
Medical: Yes
Possession Laws: Recreational consumers will be able to possess up to 30 grams (about an ounce) of flower, 5 grams of concentrate, and 500mg of THC in an infused product. Medical patients may possess up to two and a half ounces at any time, and cannot purchase more than 2.5 ounces in any two-week period.
Marijuana Growing Laws: Medical marijuana patients will be able to grow up to 5 plants at a time. Growing marijuana at home in Illinois is not legal for recreational consumers.
Indiana
Recreational: No
Medical: Limited (Hemp with less than 0.3% THC)
Possession Laws: Any amount of marijuana is a misdemeanor in Indiana. Anything over 30 grams of marijuana is a felony charge.
Marijuana Growing Laws: There are no marijuana growing laws in Indiana. Any cultivation of marijuana in Indiana is illegal in the state and will likely be charged as a felony.
Iowa
Recreational: No
Medical: Limited (Hemp with less than 0.3% THC)
Possession Laws: Any amount of marijuana possession is a misdemeanor until the third offense. After the third offense, the offender is sent to rehab.
Marijuana Growing Laws: Any cultivation of marijuana in Iowa is illegal and charged as a felony on the first offense.
Kansas
Recreational: No
Medical: No
Possession Laws: Any amount of marijuana is a misdemeanor, and anything above 450 grams is considered intent to distribute, which is a felony in Kansas.
Marijuana Growing Laws: No cultivation of marijuana is legal in Kansas, and the first offense is a felony.
Kentucky
Recreational: No
Medical: Limited (Hemp with less than 0.3% THC)
Possession Laws: Anything less than 8 ounces of marijuana is a misdemeanor. Possession of more than 8 ounces is an immediate felony charge.
Marijuana Growing Laws: Cultivation is illegal in the state of Kentucky. Anything less than five marijuana plants is a misdemeanor on the first offense. Any second offense or anything more than five plants is considered a felony.
Louisiana
Recreational: No
Medical: Yes
Possession Laws: Possession of 14 grams or less is a small fine or up to 15 days of imprisonment. Possession of marijuana does not become a felony unless over 60 pounds.
Marijuana Growing Laws: Cultivation of marijuana is illegal and brings upwards of a $100,000 fine and prison time.
Maine
Recreational: Yes
Medical: Yes
Possession Laws: Possession of up to 2.5 ounces or less is allowed in the state of Maine. Anything above 2.5 ounces will be a criminal offense.
Marijuana Growing Laws: Adults may cultivate up to 3 flowering marijuana plants at a time and up to 12 immature plants or an unlimited number of seedlings.
Maryland
Recreational: No
Medical: Yes
Possession Laws: Any possession of less than 10 grams is a civil offense, and anything above 10 grams but less than 50 pounds is a misdemeanor.
Marijuana Growing Laws: Cultivation of marijuana is illegal in Maryland, and any offense is charged as simple possession or intent to distribute.
Massachusetts
Recreational: Yes
Medical: Yes
Possession Laws: Possession of up to one ounce of marijuana is legal in the state of Massachusetts. Even up to 10 ounces is allowed in the home. Anything above one ounce is a misdemeanor.
Marijuana Growing Laws: Each household is permitted to grow up to 6 plants at a time. If there are two adults in the house it may grow up to 12 plants; however, the household must never have over 10 ounces of dry herb.
Michigan
Recreational: Yes
Medical: Yes
Possession Laws: Possession of up to 2.5 ounces of marijuana is allowed in Michigan. Adults are also entitled to have up to 10 ounces in the home at a time. Anything over 2.5 ounces is a civil infraction, and anything past 5 ounces is a misdemeanor.
Marijuana Growing Laws: Any adult may grow up to 12 marijuana plants at a time. The plants must be out of sight of the public and in a secured area. Be sure to never have over 10 ounces of dry herb in the house at a time.
Minnesota
Recreational: No
Medical: Yes
Possession Laws: No recreational possession of marijuana is legal in Minnesota; however, anything less than 42.5 grams is considered a misdemeanor. Anything over the 42.5 grams is a felony.
Marijuana Growing Laws: Cultivation of marijuana is illegal, and the punishments will be handled in a situational manner depending on weight and previous criminal charges.
Mississippi
Recreational: No
Medical: Limited (Hemp with less than 0.3% THC)
Possession Laws: Possession of 30 grams or less is punishable by a small fine for the first offense. The fine increases up to the third offense and anything past the third offense or over 30 grams is a felony.
Marijuana Growing Laws: Cultivation of marijuana in Mississippi is illegal and will be treated accordingly.
Missouri
Recreational: No
Medical: Yes
Possession Laws: No recreational possession is allowed in Missouri. Anything 10 to 35 grams or less is a misdemeanor. Any weight over 35 grams becomes a felony charge.
Marijuana Growing Laws: Any cultivation of marijuana is considered a felony.
Montana
Recreational: No
Medical: Yes
Possession Laws: Possession by non-patients of 60 grams or less is a misdemeanor in Montana while anything over 60 grams is a felony.
Marijuana Growing Laws: Only registered medical marijuana patients may grow up to 12 plants total with only four plants flowering at a time. Any adult growing without a medical card will face felony charges.
Nebraska
Recreational: No
Medical: No
Possession Laws: Any possession of marijuana up to an ounce or less is a simple infraction. Second offenses become a misdemeanor, and anything over one pound of marijuana is a felony.
Marijuana Growing Laws: Cultivation of marijuana is illegal across the board and will be treated accordingly per situation.
Nevada
Recreational: Yes
Medical: Yes
Possession Laws: Possession of up to an ounce of marijuana is legal in Nevada. Anything over an ounce is a misdemeanor.
Marijuana Growing Laws: Adults are allowed to grow 6 marijuana plants from home as long as they are 25 miles away from a legal dispensary. Otherwise, the cultivation of marijuana in Nevada is a felony.
New Hampshire
Recreational: No
Medical: Yes
Possession Laws: Recreational possession is illegal in New Hampshire, but anything up to ¾ of an ounce is a civil violation. Any weight over ¾ of an ounce is a misdemeanor.
Marijuana Growing Laws: Cultivation of marijuana is illegal in the state and is treated accordingly per offense.
New Jersey
Recreational: No
Medical: Yes
Possession Laws: Possession of 50 grams or less of recreational marijuana is charged as a “disorderly person,” and fined up to $1,000 or 6 months in jail.
Marijuana Growing Laws: Cultivation of marijuana is illegal to the public, and anything between one ounce to 5 pounds is a crime in the 3rd degree.
New Mexico
Recreational: No
Medical: Yes
Possession Laws: Recreational possession of up to one to 8 ounces or less is a misdemeanor. Anything over 8 ounces becomes a felony charge.
Marijuana Growing Laws: A medical marijuana patient or caregiver may grow up to 16 plants at home with four plants flowering at a time. Any adult without a medical card or caregiver licenses is prohibited from growing marijuana at home.
New York
Recreational: No
Medical: Yes
Possession Laws: The first three offenses of recreational possession of 25 grams or less is only a mild fine. Anything above 25 grams becomes a felony charge in New York.
Marijuana Growing Laws: Growing any amount of marijuana is a misdemeanor charge.
North Carolina
Recreational: No
Medical: Limited (Hemp with less than 0.3% THC)
Possession Laws: Possession of a half-ounce or less is a misdemeanor. Anything over 1.5 ounces of marijuana is a felony charge.
Marijuana Growing Laws: All cultivation of marijuana is illegal in the state and even growing 10 pounds or less is a felony charge.
North Dakota
Recreational: No
Medical: Yes
Possession Laws: Any recreational possession of one ounce or less is a misdemeanor in North Dakota. Anything over an ounce is a felony charge.
Marijuana Growing Laws: Cultivation of marijuana in North Dakota is illegal and punished accordingly per offense.
Ohio
Recreational: No
Medical: Yes
Possession Laws: Any recreational possession of marijuana 200 grams or less is a misdemeanor. Anything above 200 grams becomes a felony charge.
Marijuana Growing Laws: Cultivation of marijuana is illegal and punished accordingly. All cultivation charges follow similar penalties for possession and intent to distribute.
Oklahoma
Recreational: No
Medical: Yes
Possession Laws: Any amount of recreational marijuana possession is a misdemeanor.
Marijuana Growing Laws: Cultivation is illegal in the state of Oklahoma even for medical patients. Expect adjustments to these marijuana growing laws as the program grows.
Oregon
Recreational: Yes
Medical: Yes
Possession Laws: Possession of up to one ounce of marijuana is legal in Oregon. Anything above 2 – 4 ounces is a misdemeanor. Adults are only allowed to have 8 ounces or less at home. Anything over a pound is a misdemeanor.
Marijuana Growing Laws: Adults may grow up to 6 mature plants and have 18 immature seedlings at a time. Be sure to only have 8 ounces of usable marijuana in the house at a time.
Pennsylvania
Recreational: No
Medical: Yes
Possession Laws: Possession of recreational marijuana is illegal, but anything less than 30 grams is a misdemeanor.
Marijuana Growing Laws: Cultivation of marijuana is illegal and an immediate felony regardless of the size of the grow.
Rhode Island
Recreational: No
Medical: Yes
Possession Laws: Possession of less than one ounce of recreational marijuana is a civil violation. Anything over an ounce up to a kilo is a misdemeanor. Anything over a kilo is a felony charge.
Marijuana Growing Laws: Qualified medical patients may grow up to 12 plants indoors. It may not be grown outside. Anyone growing marijuana in Rhode Island without a medical card will be charged as a felon.
South Carolina
Recreational: No
Medical: Limited (Hemp with less than 0.3% THC)
Possession Laws: Possession of an ounce of marijuana or less is a misdemeanor. Anything over is a felony charge.
Marijuana Growing Laws: Cultivation of marijuana is illegal in the state and punishable as a felony.
South Dakota
Recreational: No
Medical: No
Possession Laws: Possession of two ounces or less is a misdemeanor. Any weight exceeding 2 ounces is a felony charge.
Marijuana Growing Laws: Cultivation of marijuana is illegal in South Dakota and charged accordingly per offense.
Tennessee
Recreational: No
Medical: Limited (Oil with less than 0.3% THC)
Possession Laws: Possession of a half-ounce of marijuana or less is a misdemeanor.
Marijuana Growing Laws: Any cultivation of marijuana is illegal and charged as a felony regardless of weight.
Texas
Recreational: No
Medical: Limited (Hemp with less than 0.3% THC)
Possession Laws: Possession of 2 to 4 ounces is a misdemeanor. Any weight over 4 ounces is charged as a felony.
Marijuana Growing Laws: Cultivation of marijuana is illegal in the state of Texas and charged accordingly.
Utah
Recreational: No
Medical: Yes
Possession Laws: Possession of an ounce or less up to a pound of marijuana is a misdemeanor. Anything over a pound is a felony charge in Utah.
Marijuana Growing Laws: Cultivation of marijuana in Utah is illegal and charged per offense.
Vermont
Recreational: Yes (Limited)
Medical: Yes
Possession Laws: Adults may possess up to one ounce of marijuana without any penalty. Anything over an ounce is a misdemeanor charge.
Marijuana Growing Laws: Adults may grow up to 6 plants at home. Only two may be mature plants, and the other four must be immature. Any larger grow is illegal and charged as a felony.
Virginia
Recreational: No
Medical: Limited (Hemp with less than 0.3% THC, low-THC oil)
Possession Laws: Possession of a a half-ounce or less is a misdemeanor charge. Any weight over a half-ounce is a felony charge.
Marijuana Growing Laws: Cultivation of marijuana is illegal in the state and charged accordingly per offense.
Washington
Recreational: Yes
Medical: Yes
Possession Laws: Possession of up to an ounce or less is legal in the state and has no criminal penalty unless being consumed in public. Anything over 40 grams is a felony charge.
Marijuana Growing Laws: Only medical marijuana cardholders may grow up to 6 plants at home and have up to 8 ounces of usable marijuana at a time. All other cultivation is illegal.
Washington D.C.
Recreational: Yes
Medical: Yes
Possession Laws: Possession of up to 2 ounces or less is legal and brings no criminal charges.
Marijuana Growing Laws: An adult may grow up to 6 plants in a home. If there are two adults to a household the maximum plant count is 12 plants and only six may be mature at a time.
West Virginia
Recreational: No
Medical: Yes
Possession Laws: 30-day supply for medical patients. Possession of marijuana in West Virginia is illegal for non-medical patients.
Marijuana Growing Laws: Cultivation of marijuana is illegal and charged accordingly per offense.
Wisconsin
Recreational: No
Medical: No
Possession Laws: Possession of any amount of marijuana on the first offense is a misdemeanor. On the second offense, any amount of marijuana is a felony charge.
Marijuana Growing Laws: The cultivation of marijuana is illegal, and any amount of plants is considered a felony charge in Wisconsin.
Wyoming
Recreational: No
Medical: Limited (Hemp with less than 0.3% THC)
Possession Laws: Any possession of 3 ounces or less is a misdemeanor. Any possession of more than 3 ounces is a felony charge.
Marijuana Growing Laws: Any cultivation of marijuana in Wyoming is a misdemeanor.
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