Quick answer
Adults 21 and older in California may grow up to six cannabis plants at a private residence for personal use. The plants must sit in a locked space. The plants must not be visible from a public place without binoculars, aircraft, or other optical aids. These rules come from Proposition 64, the Adult Use of Marijuana Act, passed by voters in 2016. The text sits in California Health and Safety Code sections 11362.1 and 11362.2.
Is Growing Cannabis Indoors Legal? State Rules, Plant Limits, and Federal Status
The six plant cap applies to the residence, not to each adult who lives there. Two adults in one home share the same six plants. Recreational cultivation requires age 21.
What state law allows
- Six plants per private residence, in a locked space, out of public view.
- Possession of the cannabis those plants produce, on the residence premises.
- Possession of up to 28.5 grams of cannabis flower and 8 grams of concentrated cannabis in public, for adults 21 and older.
- Giving up to 28.5 grams of flower to another adult 21 and older, with no payment and no advertising.
Where plants may sit
The grow must be inside a private residence or on the grounds of that residence. The space must lock. A fenced backyard can qualify if the area locks and no neighbor or passerby can see the plants from a public place. A front porch, an open balcony, or an unlocked side yard does not qualify.
City and county rules
Local governments hold broad power over home grows.
home grow cannabis laws state by state
- A city or county may ban outdoor cultivation. A locked indoor grow of six plants inside a private residence cannot be banned.
- A city or county may set rules on odor control, electricity, room size, setbacks, permits, and inspections for indoor grows.
- Some jurisdictions require a permit and a fee before a home grow starts.
- A city may ban any grow that is not inside a locked space.
California NORML keeps a list of city and county cultivation ordinances. Check the planning or code enforcement office for the address before planting.
Medical cannabis patients
State law does not set one statewide plant count for medical patients. Health and Safety Code section 11362.765 keeps a defense for patients and primary caregivers who cultivate for a patient's personal medical use. Many cities and counties set their own patient limits, and those limits can run above six plants. The California Department of Public Health issues Medical Marijuana Identification Cards through county health offices. A card changes the rules in some jurisdictions and does not change them in others. Confirm the local ordinance.
What is not allowed
- Selling cannabis without a state license from the Department of Cannabis Control.
- Growing on public land, including state parks and national forest land.
- Growing more than six plants at a residence without a state cultivation license.
- Possession or use by anyone under 21, apart from a medical patient with a recommendation.
- Driving with an open container of cannabis.
Landlords and rentals
A landlord may ban cultivation and smoking in a lease. State law lets property owners prohibit both on their property. Renters who grow without permission risk eviction and deposit claims. Homeowner association rules may also restrict grows.
Penalties
Cultivating more than six plants is a misdemeanor under Health and Safety Code section 11358. The maximum is six months in county jail and a $500 fine. Prior convictions for serious or violent felonies, or for drug crimes involving minors, can raise the charge to a felony with a state prison term. Water diversion, pesticide use, and stream damage bring separate fines under Fish and Game Code and Water Code sections. Unlicensed commercial grows draw larger charges.
Federal law
Cannabis stays a Schedule I controlled substance under federal law. Federal agents seldom act against a six plant home grow, but the federal ban remains. Cannabis is illegal on federal land, in national parks, and across state lines.
Practical steps
- Confirm the address sits in a city or county that allows the grow plan.
- Read the lease or HOA rules.
- Build a locked space with no line of sight from a public place.
- Cap the plant count at six per residence.
- Keep no plants for sale.