Weed Legality By State – Use and Cultivation

U.S. cannabis laws are rapidly changing, and it can be confusing. While weed is still illegal on a federal level, each state has discretion on decriminalization, sales, usage, and cultivation laws. For someone who travels or for a cannabis business owner, knowing the legality of weed in each state is vital. Knowledge of these laws is also essential for cultivators. Let’s break it all down in an easy-to-reference guide and look at specific cultivation laws.

Before we get into it, it’s important to mention The Agriculture Improvement Act of 2018 (better known as the 2018 Farm Bill). The measure distinguished hemp from marijuana, removing it from the Controlled Substances Act and giving it to the USDA. It legalized any cannabinoids derived from hemp. Furthermore, the bill legalized all hemp derivatives and isomers as long as the final product has less than 0.3% standard THC. This makes CBD, Delta 8, THC-V, Delta 10, HHC, and all of the other newly discovered cannabinoids legal to sell and use in every state.

The term “decriminalization” can also be confusing. Many states still view THC as illegal but have decriminalized it. This means that the crime of possessing a small amount of marijuana is reduced or eliminated. However, it still does not allow for the production or sale of THC. However, some states, like Virginia, have decriminalized weed and added laws allowing for production, yet sales are still illegal (until 2024). So always make sure to check the specifics for your state.

As of March 2023, these are the official cannabis laws for each U.S. state:

While this chart gives a snapshot of how each U.S. state treats cannabis, it can be complicated. Allowable possession amounts, the number of plants you can grow, and where you can smoke are all examples of specific laws that vary by state.

With the spring season upon us and some recent legality changes in the autumn of 2022, cultivation laws are of much interest. However, several states have conflicting or ambiguous rules governing growing at home. Some have limits on mature plants vs. immature ones. These states allow residents to keep a specific number of plants, but only some may be blossoming or about to flower. Some states limit cultivation to medical patients only, while others also allow caretakers to grow plants for their patients.

Here are the particulars, as of March 2023, for states that allow users to grow their own marijuana:

Alaska
Adults can grow up to six plants, but only three can be mature at a time. All plants must be kept out of public view.

Arizona
Home cultivation of up to six plants is allowed in a private residence.

California
Adult residents can grow up to six plants for personal use. Registered patients can cultivate the amount of cannabis needed for their medicinal therapy. Individual counties have further discretion.

Colorado
Citizens can grow up to six plants, but only three can be mature at a time. Medical patients are also allowed to petition for higher amounts. Caregivers with five or more patients can cultivate up to thirty-six plants.

Connecticut
Registered medical patients can grow up to six personal use plants in their homes.

Hawaii
Qualified medical patients and certified caregivers can grow up to ten plants simultaneously.

Illinois
Medical patients are allowed to cultivate up to five plants per home. Additional laws concerning visibility and accessibility apply.

Maine
Each adult in the house may have up to three mature and twelve immature plants.

Massachusetts
Residents can grow up to six plants per adult in their home, with 12 being the maximum number of plants allowed.

Michigan
Adults can cultivate up to twelve plants, while medical patients can cultivate “an amount needed to harvest a 60-day supply.” Registered caregivers who care for numerous patients may cultivate up to sixty plants.

Missouri
Medical patients can grow up to eighteen plants, but only six can be mature at a time.

Montana
Medical patients can grow up to four mature plants. They can also grow up to 12 seedlings. The state Department of Public Health must be notified of any growing efforts.

Nevada
Cultivation is permitted if the adult resides at least 25 miles from the nearest dispensary. They can grow up to six plants per person(or 12 in a single home).

New Hampshire
Medical patients and caregivers can grow up to three mature plants and three immature plants simultaneously. Twelve seedlings are also allowed. All plants must be out of public view.

New York
Adults can grow up to six plants at a time, but only three can be mature.

Oklahoma
Medical patients who have been approved can cultivate up to six mature plants and six seedlings.

Oregon
Adults can grow up to four plants for personal use. Medical caregivers can grow up to eight plants, but only six can be mature at any given time.

Rhode Island
Medical patients or caregivers can grow up to twelve plants and twelve seedlings.

Vermont
Adults can grow up to nine plants at a time, but only two can be mature.

Virginia
Residents can grow up to four plants in their homes at a time. They must be out of public view.

Washington
Medical patients can cultivate up to six plants at home. Up to fifteen plants can be grown if approved by a medical practitioner.

Washington D.C.
Adults can grow and possess up to six plants at a time, but only three of them can be mature.

If you live in a legal cultivation state and want to try growing for the first time, check out our guide on How To Grow Your First Cannabis Plant Outdoors.

Disclaimer: This material is offered solely for educational purposes and does not constitute legal advice or opinion. The reader assumes all responsibility for the use of the information included in this document. Employers and workers seeking legal advice should consult with an attorney or a recognized representative of the appropriate regulatory body.