Cannabis Cultivation In The US – The Latest Legal Position

Legalization of cannabis has been moving on apace over the past three years, and one state after another is gradually relaxing its rules. Those rules, however, are sometimes ambiguous and convoluted. This is particularly the case when it comes to cultivation or home-growing. With differences between federal or state law, medicinal or recreational products, and personal or commercial use, there is a legal minefield out there.

It’s frustrating, especially for those who just want to make use of the various online purchase opportunities that now exist when it comes to cannabis seeds and to ensure they stay within the law. The first thing to be aware of is that cultivation remains an offense under US federal law. However, the reality is that states are not obliged to enforce all federal laws, so it is state law that is relevant here. As far as cannabis growing is concerned, states fall into three categories: 

• It is legal to grow cannabis for recreational use
• It is legal to grow cannabis for medicinal use
• Growing cannabis is illegal

Here, we take a look at the latest position as of June 2020. 

Recreational cultivation

So far, nine states have legalized recreational cultivation. These are as follows:

1. Alaska – up to two growers per household can each cultivate up to six plants each, although only three can be flowering at any one time.
2. California – a maximum of six plants per household, although medical growers are permitted additional immature plants.
3. Colorado – up to two growers per household can each cultivate up to six plants each, although only three can be flowering at any one time.
4. Maine – a maximum of six flowering plants and 12 immature plants per household.
5. Massachusetts. – up to two growers per household can each cultivate up to six plants each.
6. Michigan – each grower can cultivate up to 12 plants. Registered medical caregivers can grow a further 12 plants per patient for up to five patients.
7. Nevada – up to two growers per household can each cultivate up to six plants each, provided there is no licensed retailer within a 25-mile radius. 
8. Oregon – up to four plants per household are permitted, or up to six for medicinal use. 
9. Vermont – up to two mature and four immature plants per household are permitted, or two mature and seven immature for medicinal use.

Medicinal cultivation

In addition to the nine states mentioned above, a further seven permit cultivation for medicinal use only. In each of the following, the patient or caregiver must be formally registered with the state authorities:

1. Arizona – up to 12 plants, provided there is no licensed retailer within a 25-mile radius.
2. Hawaii – up to 10 plants.
3. Montana – up to four plants or 12 seedlings.
4. New Mexico – up to four plants or 12 seedlings, and a maximum of two growers per household.
5. Oklahoma – up to six mature plants and six seedlings.
6. Rhode Island – up to six plants, and a maximum of two growers per household. 
7. Washington – up to six mature plants. A healthcare practitioner may authorize up to 15 where deemed necessary. 

In July, Missouri will be added to this list, as it plans to permit home cultivation for those holding medical marijuana cards.