State Cultivation Laws

Marijuana cultivation laws vary widely from state to state. Some allow home grows for recreational use, some for medical use only, and some ban it altogether. Here is a list of each state’s cultivation rules. You can find more detailed information on the respective state law pages.

Alabama

Cultivation of any amount of marijuana is a felony in Alabama. There is a mandatory minimum penalty of two years in prison and a maximum sentence of 20 years, plus up to $30,000 in fines. If guns, booby traps, or hazardous chemicals are involved, the minimum penalty is 10 years while the maximum is life, plus up to $60,000.

Alaska

Marijuana is legal in Alaska, and adults may grow up to six plants at home, with no more than three mature at the same time. Growing between six and 25 plants is a misdemeanor, while growing more than 25 is a felony punishable by up to five years in prison and $1,000 in fines.

Arizona

There is no statute barring marijuana cultivation in Arizona; instead, growing is treated as possession. Growing any amount less than 2 pounds for personal use carries a sentence of at least four months in jail, as many as two years in prison, and up to $750 in fines. Growing between 2 and 4 pounds is punishable by between six and 30 months behind bars plus $750. Cultivation of more than 4 pounds of cannabis is punishable by two to 12.5 years in prison and $750.

Arkansas

There are no statutes that specifically prohibit cannabis cultivation in Arkansas. Instead, growing is treated as criminal possession. Cultivation of less than 10 pounds is punishable by up to one year in jail and $2,500 in fines, while cultivation of between 4 ounces and 10 pounds carries a sentence of three to 10 years in prison and $10,000. Cultivation of between 25 and 100 pounds is punishable by five to 10 years in prison and $15,000. For amounts greater than 100 pounds, the minimum is six years in prison, the maximum is 30, and the top fine is $15,000.

California

California law allows the home cultivation of cannabis for any purpose, medicinal or recreational. The limit for recreational users is six plants, and any more than that is punishable by up to $500 in fines and six months in jail. Cultivation limits for medical patients are much higher.

Colorado

Marijuana is legal in Colorado, and residents are allowed to grow as many as six plants on private property, with up to three of them mature at the same time. It is a felony to grow between 6 and 30 plants, and the mandatory sentence is two to six years in prison, plus up to $500,000 in fines.

Connecticut

Cultivation of marijuana for non-medical use is a felony in Connecticut. The maximum penalty for cultivation of less than 1 kilogram is seven years in prison and $25,000 in fines. For more than 1 kilogram, there is a mandatory minimum sentence of five years in prison, a maximum of 20, and a top fine of $25,000.

Delaware

It is a felony to grow any amount of non-medical marijuana in Delaware. If the amount is less than 5 pounds, a maximum penalty of five years in prison and $10,000 in fines applies. For amounts between 5 and 100 pounds, there is a mandatory minimum sentence of two years in prison, a maximum of 25, and a fine of up to $25,000. For between 100 and 500 pounds, the minimum is four years in prison, the maximum is 25, and the top fine is $50,000. Finally, where the weight exceeds 500 pounds, the minimum sentence is eight years, the maximum is 25, and the top fine is $100,000.

District of Columbia

Marijuana is legal in Washington, D.C., and residents are allowed to grow up to six plants at home. But a maximum penalty of six months in jail and $1,000 in fines applies to cultivation of between six plants and half a pound. Growing more than half a pound carries a maximum penalty of five years in prison and $50,000.

Florida

There are no specific laws prohibiting cannabis cultivation in Florida. Instead, growing marijuana is treated as criminal possession. Growing fewer than 25 marijuana plants is a felony punishable by up to five years in prison and $5,000 in fines. Cultivation of 25 or more plants carries a maximum sentence of 15 years in prison and $15,000.

Georgia

It is a felony to grow any amount of marijuana in Georgia. If the amount is less than 10 pounds, the mandatory minimum penalty is one year in jail and the maximum is 10 years in prison. If the weight is between 10 and 2,500 pounds, the minimum is five years in prison, the maximum is 30, and the top fine is $100,000. The penalty increases to at least seven years, as many as 30, and up to $250,000 for cultivation of between 2,000 and 10,000 pounds. Growing more than 10,000 pounds, finally, is punishable by between 15 and 30 years in prison plus up to $1 million in fines.

Hawaii

It is a crime to grow any amount of marijuana for non-medical use in Hawaii. Where fewer than 25 plants are involved, the offense is treated as simple possession, a misdemeanor. Where between 25 and 50 plants are involved, the offense is a felony punishable by up to five years in prison and $10,000 in fines. Cultivation of between 50 and 100 plants carries a maximum penalty of 10 years plus $25,000. Growing 100 or more plants carries a maximum of 20 years and $50,000.

Idaho

Cultivation of cannabis is a felony in Idaho. Growing fewer than 25 plants carries a maximum penalty of five years in prison and $25,000 in fines. Growing more than 25 plants is punishable by up to 15 years and $50,000. Mandatory minimum sentences apply.

Illinois

The maximum penalty for growing up to five cannabis plants in Illinois is one year in jail. The mandatory minimum sentence for between five and 20 plants is one year in jail, the maximum is three years in prison, and the top fine is $25,000. For 20 to 50 plants, the penalty is two to five years in prison plus up to $25,000. For 50 to 200 plants, the penalty is three to seven years plus up to $100,000. Cultivation of more than 200 plants is punishable by between four and 20 years in prison plus $100,000.

Indiana

Growing between 30 grams and 10 pounds of marijuana is a felony in Indiana, with a penalty of at least six months in jail, as many as three years in prison, and up to $10,000. Growing more than 10 pounds carries a penalty of two to eight years in prison plus $10,000.

Iowa

It is a felony to grow any amount of marijuana in Iowa. Cultivation of 50 kilograms or less carries a maximum sentence of five years in prison and $7,500 in fines. Where the amount is between 50 and 100 kilograms, the top penalty increases to 10 years and $50,000. For weights between 100 and 1,000 kilograms, the harshest sentence is 25 years and $100,000.

Kansas

Growing fewer than five marijuana plants is a misdemeanor in Kansas and is punishable by up to one year in jail and $2,500 in fines. Growing five or more plants is a felony punishable by at least 12 years in prison and as many as 17.

Kentucky

It is a misdemeanor to grow fewer than five marijuana plants in Kentucky, though subsequent offenses are treated as felonies. The maximum penalty on a first offense is one year in jail and $500 in fines. It is a felony to grow more than five plants, and the penalty on a first conviction is at least one year in jail, as many as five years in prison, and up to $10,000.

Louisiana

It is a crime to grow any amount of cannabis in Louisiana. There is a mandatory minimum penalty of five years in prison and a maximum of 30 years, plus up to $50,000 in fines. Penalties increase on subsequent offenses.

Maine

Cultivation of five or fewer marijuana plants in Maine carries a maximum penalty of six months in jail and $1,000 in fines. If between five and 99 plants are involved, the maximum penalty increases to five years in prison and $5,000. Growing between 100 and 499 plants carries a top penalty of five years in prison plus $5,000. The penalties increase to a maximum of 10 years in prison and $20,000 in fines for 500 or more plants.

Maryland

Marijuana cultivation is treated as possession under Maryland law. Growing between 10 grams and 50 pounds is a misdemeanor and carries a top penalty of one year in jail and $1,000 in fines. Growing more than 50 pounds is possession with intent to distribute, a felony.

Massachusetts

It is legal for adults to grow cannabis for any purpose in Massachusetts, medical or recreational. Adults are allowed to grow six plants at the own residence, as long as they are not within view of the street or another public area. When more than two adults live at a single residence, a household limit of 12 plants applies.

Michigan

Any cultivation of non-medical marijuana is a felony in Michigan. Where fewer than 20 plants are involved, the top penalty is four years in prison and $20,000 in fines. For between 20 and 200 plants, the maximum is seven years and $500,000. Growing 200 or more plants is punishable by up to 15 years and $10 million.

Minnesota

Marijuana cultivation is treated as possession in Minnesota. Growing less than 1.5 ounces is a decriminalized offense with a $200 fine. Growing larger amounts is a felony. Where the weight is between 1.5 ounces and 10 kilograms, the maximum sentence is five years in prison and $5,000. Where the weight is between 10 and 50 kilograms, the maximum is 20 years and $250,000. For between 50 and 100 kilograms, the maximum is 25 years plus $500,000. Finally, growing more than 100 kilograms carries a top penalty of 30 years and $1 million.

Mississippi

There are no specific cultivation statutes in Mississippi. Instead, the cultivation of marijuana is punished in accordance with possession, sale, trafficking and distribution laws. Penalties are relative to the aggregate weight of plants found. See the Mississippi law page for more information

Missouri

It is a felony to grow any amount of cannabis in Missouri. For amounts between 5 grams and 30 kilograms, there is a minimum sentence of five years in prison, a maximum of 15 years, and a top fine of $20,000. For amounts between 30 and 100 kilograms, the penalty is 10 years to life in prison and up to $20,000. For more than 100 kilograms, the penalty increases to at least 10 years in prison, as much as life without parole, and up to $20,000. Trafficking penalties also apply.

Montana

Medical marijuana patients may grow the drug in Montana, but all other cultivation is a felony. The maximum sentence is 10 years in prison and $50,000 in fines for growing fewer than 30 plants.

Nebraska

Marijuana cultivation is treated the same as possession under Nebraska law. Growing between 1 ounce and 1 pound is a misdemeanor with a maximum penalty of three months in jail and $500 in fines. Growing more than 1 pound carries a maximum of five years in prison and $10,000.

Nevada

Nevada cultivation laws only apply to large amounts of marijuana, while smaller weights are treated as possession. It is a felony to grow between 100 and 2,000 pounds, with a mandatory minimum sentence of one year in jail, a maximum of five years in prison, and a top $25,000 fine. For weights between 2,000 and 10,000 pounds, the penalty increases to at least two years in prison, as many as 10, and up to $50,000. More than 10,000 pounds carries a sentence of between two years and life in prison, plus up to $200,000.

New Hampshire

Cannabis cultivation offenses are treated as possession in New Hampshire. Growing any amount is a misdemeanor, and the maximum penalty is one year in jail and $2,000 in fines. Possession or cultivation with intent to distribute is subject to enhanced penalties.

New Jersey

It is a felony to cultivate any amount of marijuana in New Jersey. Growing fewer than 10 plants carries a sentence of at least three years in prison, as many as five, and up to $25,000 in fines. Growing between 10 and 49 plants carries a penalty of five to 10 years in prison and up to $150,000. Growing 50 or more plants comes with a minimum of 10 years, a maximum of 20, and a fine of up to $300,000.

New Mexico

New Mexico allows medical marijuana, but any cultivation outside that system is treated as a felony. The top penalty on a first conviction is nine years in prison and $10,000 in fines, and penalties increase on subsequent convictions.

New York

Medical marijuana is now legal in New York, but it remains a crime to grow the drug for any use. The offense is a misdemeanor and comes with a maximum sentence of one year in jail and $1,000 in fines. Penalties may be higher, as defendants can be charged with both cultivation and possession of the same cannabis.

North Carolina

It is a felony to grow any amount of marijuana in North Carolina. Growing less than 10 pounds carries a minimum penalty of three months in jail, a maximum of eight, and a top $1,000 fine. For between 10 and 50 pounds, the minimum is two years in prison, the maximum is 2.5 years, and the potential fine is $5,000. For between 50 and 2,000 pounds, the sentence is between three and 3.5 years plus up to $25,000. For between 2,000 and 10,000 pounds, the penalty increases to between six and seven years plus up to $50,000. For more than 10,000 pounds, the punishment is 14.5 to 18 years in prison plus up to $200,000.

North Dakota

Marijuana cultivation is treated the same as possession in North Dakota. Growing or possessing between 1 ounce and 500 grams is a felony and is punishable by up to five years in prison and $10,000 in fines. Growing or possessing more than 500 grams carries a top penalty of 10 years and $20,000.

Ohio

Ohio treats marijuana cultivation as possession, and growing up to 100 grams carries a fine of $150. Growing between 100 and 200 grams carries a penalty of up to 30 days in jail and $250. For 200 to 1,000 grams, there is a mandatory minimum sentence of six months in jail, a maximum of one year, and a $2,500 fine. The punishment for 1,000 to 5,000 grams is at least one year in jail, as many as five years in prison, and up to $10,000. For between 5,000 and 20,000 grams, the penalty is five to eight years plus up to $15,000. Finally, the penalty for growing more than 40,000 grams is at least eight years and up to $15,000.

Oklahoma

It is a crime to grow cannabis in Oklahoma for any reason. The maximum penalty for small amounts is one year in jail, but amounts large enough to trigger possession with intent charges come with enhanced penalties. Sentences also increase with subsequent convictions.

Oregon

Marijuana is now legal in Oregon, and locals are allowed to grow up to six plants, with no more than three mature at the same time. Penalties for growing greater amounts include up to 10 years in prison.

Pennsylvania

It is a felony to grow any number of cannabis plants in Pennsylvania. The mandatory minimum sentence is one year in jail, the maximum is five years in prison, and there is a fine of up to $15,000.

Rhode Island

Rhode Island treats all non-medical marijuana cultivation as a felony. Growing less than 1 kilogram is punishable by up to 30 years in prison and $100,000 in fines. Growing more than 1 kilogram carries a mandatory minimum term of 10 years, a maximum of 50, and a top fine of $500,000. The minimum prison sentence increases to 20 years and the maximum to life for amounts greater than 5 kilograms.

South Carolina

Growing any amount of marijuana is a felony in South Carolina. For amounts less than 100 plants, the maximum is five years in prison and $5,000 in fines. For between 100 and 1,000 plants, the top penalty is 25 years and $25,000. For between 1,000 and 10,000 plants, the punishment increases to at least 25 years and up to $50,000. Growing more than 10,000 plants is punishable by at least 25 years and up to $200,000.

South Dakota

South Dakota has no specific cultivation statutes; instead, growing is treated as possession. It is a felony to cultivate between 2 ounces and half a pound of marijuana, with a maximum sentence of one year in jail plus $4,000 in fines. For amounts between half a pound and 1 pound, the top penalty is five years in prison and $10,000. For weights between 1 and 10 pounds, the maximum is 10 years and $20,000, while the top penalty increases to 15 years and $30,000 for more than 10 pounds.

Tennessee

It is a felony in Tennessee to grow marijuana for any purpose. There is a mandatory minimum sentence of one year in jail for growing 10 or fewer plants, as well as a maximum of six years in prison and a top fine of $5,000. For between 10 and 19 plants, the minimum is two years in prison, the maximum is 12, and fines can reach $50,000. For between 20 and 99 plants, the minimum increases to three years, the maximum to 15, and the fine to $100,000. Between 100 and 499 plants carries at least eight years, as many as 30, and fines of gup to $200,000. Finally, more than 500 plants carries a sentence of 15 to 60 years plus up to $500,000.

Texas

Marijuana cultivation is treated as possession in Texas. Growing between 4 ounces and 5 pounds is a felony punishable by at least 180 days in jail, as many as two years in prison, and a $10,000 maximum fine. Growing between 5 and 50 pounds carries a sentences of at least two years in prison, as many as 10, and up to $10,000. For weights between 50 and 2,000 pounds, the penalty increases to at least two years, as many as 20, and up to $10,000. Finally, growing more than 2,000 pounds comes with a minimum term of five years, a maximum of 99, and a fine of up to $50,000.

Utah

Any marijuana cultivation is a crime in Utah, and offenses are treated as criminal possession. If the amount is between 1 ounce and 1 pound, the offense is a misdemeanor and the maximum penalty is one year in jail and $2,500 in fines. It is a felony to grow between 1 and 100 pounds, and the maximum is five years in prison plus $5,000. For more than 100 pounds, there is a mandatory minimum sentence of one year in jail, a maximum of 15 years in prison, and a fine of up to $10,000.

Vermont

It is a misdemeanor to grow one or two plants for non-medical use in Vermont, and the top penalty is six months in jail and $500 in fines. Penalties increase on subsequent offenses. It is a felony, meanwhile, to grow between three and 10 plants, with a maximum of three years in prison and $10,000. For 11 to 25 plants, the maximum penalty increases to five years and $100,000. The top penalty for growing more than 25 plants is 15 years and $500,000.

Virginia

Virginia does not specifically outlaw growing marijuana. Instead, cultivation is treated as a possession or trafficking offense. Penalties range from 30 days in jail and $500 in fines to life in prison and $100,000.

Washington

Washington medical marijuana patients may grow up to six plants at home, with no more than three mature at any one time. But cultivation for any other reason is a felony, despite the legalization of recreational cannabis statewide. The maximum penalty for illegal grows is five years in prison and $10,000 in fines.

West Virginia

West Virginia drug statutes don’t specifically target marijuana cultivation, instead treating it the same as possession. But that means it is illegal to grow any number of plants, a misdemeanor offense that carries a mandatory minimum penalty of 90 days in jail, a maximum of six months, and a top fine of $1,000.

Wisconsin

It is a misdemeanor to grow three or fewer marijuana plants in Wisconsin, and the maximum penalty is six months in jail and $1,000 in fines. For offenses involving four to 20 plants, the top penalty is six years in prison and $10,000. For 20 to 50 plants, penalties increase to as many as 10 years and up to $25,000. Growing 50 to 200 plants is punishable by 12.5 years and $25,000. Growing more than 200 plants, finally, carries a top sentence of 15 years and $50,000.

Wyoming

Cultivation of any amount of marijuana is a misdemeanor in Wyoming, and the top penalty for a first conviction is six months in jail and $1,000 in fines. Subsequent convictions carry double penalties.

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