Wednesday, August 12, 2020
Home Resources State Cultivation Laws

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. The plants must be situated in a location that is not subject to public view without the use of binoculars, aircraft or other optical aids. Growing between six and 25 plants, while beyond the defined limit, is protected based on a right-to-privacy provision in the state constitution. (An Alaskan Supreme Court decision defined possession at home for personal use as protected conduct under this provision.)  Cultivating more more than 25 plants is a felony punishable by up to five years in prison and $1,000 in fines. Cultivation can only legally occur on property owned by the cultivator, or with the permission of the property owner.

Arizona

It is a felony to cultivate any amount of marijuana in Arizona.  Growing any amount less than 2 pounds for personal use carries a sentence of at least six months in jail, as many as 30 months in prison, and a fine. Growing between 2 and 4 pounds is punishable by between 12 and 45 months behind bars, plus a fine. Cultivation of more than 4 pounds of cannabis is punishable by 24 to 105 months in prison and a fine. The maximum possible fine is $150,000 regardless of the amount cultivated.

Arkansas

There are no statutes that specifically prohibit cannabis cultivation in Arkansas. Instead, growing is treated the same as possession. Cultivation of less than four ounces is a misdemeanor on a first offense, punishable by less than a year in jail and up to $2,500 in fines. A subsequent offense, as well as first-time cultivation of between four and 10 ounces, is a felony that comes with up to six years in prison and $10,000 in fines. Penalties continue to increase as the quantity cultivated does. Check the Arkansas state law page for more information.

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. No cultivation limits for medicinal users are specified under state law, although local ordinances can limit or ban medical marijuana cultivation.

Colorado

Marijuana is legal in Colorado, and residents are allowed to grow as many as six plants on private property, with three of them mature at the same time. It is a felony to grow between 6 and 30 plants, and the mandatory sentence is six months to two years imprisonment, plus up to $100,000 in fines. The term of imprisonment increases to two to six years, with a potential $500,000 fine, for unlicensed cultivation of more than 30 plants.

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. Subsequent offenses carry increased sentences. Offenders may be subject to an additional three years’ imprisonment if the cultivation takes place within 1,500 feet of an elementary or middle school, a public housing project or a daycare center.

Delaware

It is a felony to grow any amount of non-medical marijuana in Delaware. Cultivation of less than 1500 grams could result in up to eight years imprisonment. When the amount is between 1500 and 5000 grams, the potential prison term increases to 15 years. For 4000 grams or more, there is a mandatory minimum prison term of two years, and a maximum of 25 years. Cultivation charges also come with a fine as determined by the court.

District of Columbia

Marijuana is legal in Washington, D.C., and residents are allowed to grow up to six plants at home, as long as no more than three are mature at one time. 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. The involvement of a minor by a person over 21 in the cultivation carries additional penalties. The maximum number of plants permitted in a single residence is 12 (with no more than 6 mature at once), regardless of the number of residents.  Penalties can be doubled when cultivation takes place within 1000 feet of the following places: public or private day care center, elementary school, vocational school, secondary school, junior college, college, university, public swimming pool, playground, video arcade, youth center, public library or public housing.

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 25-300 plants carries a maximum sentence of 15 years in prison and $10,000. For cultivation of 300 – 2,000 plants, the penalty is 3 – 15 years in prison and $25,000 in fines. And finally, when the number of plants cultivated is between 2000 and 10,000, the prison term is between 7 and 30 years, and fines of up to $50,000 are possible.

Georgia

It is a felony to grow any amount of marijuana in Georgia. The penalties are as follows:

  • 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 plus up to $5,000 in fines.
  •  If the weight is between 10 and 2,000 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.

When the cultivation takes place within 1,000 feet of a school, park, housing project, or another drug-free zone, the mandatory minimum prison term is five years, the maximum possible term is 40 years, and fines of $40,000 are possible.

Hawaii

It is a felony to grow more than 25 marijuana plants for non-medical use in Hawaii.

  • Where between 25 and 50 plants are involved, the offender faces up to five years in prison and a potential $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.

Penalties are a little different when the cultivation takes place on another person’s property.

  • Growing fewer than 25 plants on another person’s property is a felony subject to up to 10 years in prison and a maximum $25,000 fine.
  • Growing 25 plants or more on another person’s property can result in up to 20 years in prison and $50,000 in fines.

Idaho

Cultivation of cannabis is a felony in Idaho.

  • For between 25 and 50 plants, the mandatory jail term is one year.
  • When the quantity is between 50 and 100 plants, the mandatory prison term is three years.
  • And for 100 plants or more, the mandatory prison term increases to 5 years.

All charges come with a maximum possible fine of $50,000.

Illinois

Despite recreational cannabis use being legal in Illinois, non-medical patients are not permitted to cultivate their own. For registered patients, the limit on home cultivation is 5 plants. For recreational users, growing up to 5 plants is a violation subject to a $200 fine.  Growing any more than 5 plants is a felony.

  • Growing between 5 and 20 plants is a felony subject to 1 – 3 years in prison and up to $25,000 in fines.
  • Growing between 20 and 50 plants is subject to 2 – 5 years in prison and up to $25,000 in fines.
  • Growing between 50 and 200 plants is subject to 3 – 7 years in prison and up to $100,000 in fines.
  • Growing more than 200 plants is punishable by 4 – 15 years in prison and a maximum $100,000 in fines.

Indiana

Growing less than 30 grams of marijuana is a misdemeanor in Indiana, punishable by up to a year in jail and $5,000 in fines. Cultivation of larger amounts is a felony. For quantities between 30 grams and 10 pounds, the term of imprisonment is between six and 30 months, plus up to $10,000 in fines.  When the amount involved is more than 10 pounds, the prison term is between one and six years, and the potential fine is $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.
  • More cultivation of more than 1,000 kilograms, the prison term is between 5 and 25 years, and a top fine of $1,000,000 is possible.

Kansas

Growing more than four plants is a felony in Kansas.

  • Growing between four and 50 plants is a felony that comes with a penalty of between 46 and 83 months in Kansas, plus a maximum $300,000 in fines.
  • For between 50 and 100 plants, the potential sentence increases to 92 – 144 months in prison, plus $500,000 in fines.
  • When more than 100 plants are involved, the prison term is between 138 and 204 months, and potential fines are $500,000.

Kentucky

It is a misdemeanor to grow 1 – 4 marijuana plants in Kentucky, though subsequent offenses are treated as felonies.

  • The maximum penalty for growing fewer than 5 plants on a first offense is one year in jail and $500 in fines. On a subsequent offense, the maximum penalty increases to 5 years in prison and a $10,000 fine.
  • It is a felony to grow more than five plants. The penalty on a first conviction is at least one year in jail, as many as five years in prison, and fines of up to $10,000. On a second offense, the prison term increases to between 5 and 10 years.

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, on a first offense.
  • On subsequent offenses, maximum penalty increases to 10 – 60 years in prison and $100,000 in fines.

Maine

It is legal to cultivate a maximum of three flowering plants in Maine under the state’s recreational marijuana laws. Growing four or more plants is a crime.

  • Growing between four and 99 plants is a crime that comes with up to one year in jail and $2,000 in fines.
  • For cultivation of 100 to 500 plants, the max penalty increases to five years imprisonment and $5,000 in fines.
  • And finally, a potential 10 years in prison and $20,000 in fines apply to cultivation of more than 500 plants.

Maryland

Marijuana cultivation is treated the same 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 considered possession with intent to distribute, a felony punishable by a mandatory prison term of five years and up to $100,000 in fines.

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. Violating this rule can result in a potential fine of $300. When more than two adults live at a single residence, a household limit of 12 plants applies.

Michigan

It is legal for adults to cultivate up to 12 plants in Michigan. Growing between 12 and 24 plants is a civil infraction subject to a $500 fine. Growing more than 24 plants is a misdemeanor.

  • Growing between 25 and 200 plants is punishable by a maximum fine of $500,000.
  • Growing more than 200 plants is subject to a potential fine of $10,000,000.

Minnesota

Marijuana cultivation is treated the same as possession in Minnesota. Growing less than 1.5 ounces is a misdemeanor that comes with only 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 $10,000.
  • 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.

It is a misdemeanor to carry more than 1.4 grams of cannabis in one’s vehicle (except the trunk), subject to up to 90 days in jail and a fine of up to $1,000.

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 less than 35 grams, the maximum penalty is four years in prison and $10,000 in fines.
  • The potential prison term is between three and 10 years for amounts exceeding 35 grams.
  • Extra penalties apply for cultivation near a school; this comes with a minimum five years in prison, a maximum of 15 years, and a fine of twice the amount of profit that would be made.

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.
  • When more than 1 pound or 30 plants are involved, the potential penalty is between two years and life in prison, plus the same $50,000 fine.
  • Imprisonment and fines can be doubled on a subsequent violation.

Nebraska

Marijuana cultivation is treated the same as sale/manufacture under Nebraska law, based on the aggregate weight of the plants grown. Cultivation of any amount is a felony and can result in between one and 20 years in prison, plus up to $25,000 in fines. See the state law page for more information.

Nevada

Nevada’s cultivation laws allow adults who are not medical patients to legally cultivate up to six marijuana plants at home, and possess all the harvest from those plants, as long as they live at least 25 miles away from an operating recreational dispensary. The number of plants in a single shared residence may not exceed 12, and plants must not be grown where they are visible from a public place.

  • Cultivating more than 12 plants is a felony that comes with a penalty of between one and four years imprisonment and up to $5,000 in fines, and cultivation of larger amounts comes with increased penalties.

New Hampshire

Cannabis cultivation offenses are treated as possession in New Hampshire. Growing more than three-quarters of an ounce is a civil violation on a first or second offense, subject to no more than a $100 fine.

Cultivating quantities more than 3/4 ounce is a misdemeanor, subject to up to a year in jail and a $350 fine.

Possession or cultivation with intent to distribute is subject to enhanced penalties.

New Jersey

It is a crime 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 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 in fines.

North Dakota

Marijuana cultivation is treated the same as possession in North Dakota.

  • Growing less than 1/2 ounce is a criminal infraction subject to no more than a $1,000 fine.
  • Growing more than 1/2 ounce but less than 500 grams is a misdemeanor punishable by up to 30 days in jail and $1,500 in fines.
  • When the amount cultivated is more than 500 grams, the maximum jail term is a year, and the maximum fine is $3,000.

Ohio

Ohio treats marijuana cultivation as possession, and growing up to 100 grams carries only a fine of $150.

  • Growing between 100 and 200 grams is a misdemeanor that carries a penalty of up to 30 days in jail and $250.
  • Cultivation of 200 grams or more is a felony. For 200 to 1,000 grams, the maximum penalty is one year in jail and a $2,500 fine.
  • The punishment for 1,000 to 20,000 grams is at least one year in jail, as many as five years in prison, and up to $10,000.
  • For between 20,000 and 40,000 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 $20,000.

Oklahoma

It is a misdemeanor 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 legal in Oregon, and locals are allowed to grow up to four plants at home. Growing between five and eight plants is a misdemeanor that comes with up to six months in jail and a $2,500 fine. Home cultivation of any more than eight plants is a felony, with a maximum punishment of five years in prison and $125,000. Additional penalties apply when the offense takes place within 1,000 feet of a school.

Pennsylvania

It is a felony to grow any number of cannabis plants in Pennsylvania. The mandatory minimum sentence is 2.5 years 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 cannabis is treated as possession.

  • Growing less than two ounces is a misdemeanor, and the penalty is up to one year in jail and $2,000 in fines.
  • It is a felony when the quantity cultivated exceeds two ounces. Cultivation of between two ounces and half a pound in punishable by up to a year in jail and a $4,000 fine.
  • When the amount is between half a pound and one pound, the penalty increases to up to five years in prison and $10,000.
  • The maximum penalty increases to 10 years imprisonment and $20,000 for between one and ten pounds.
  • And finally, cultivation of more than 10 pounds is subject to up to 15 years in prison and $30,000 in fines.

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 up 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 less than two ounces is a misdemeanor and comes with up to 180 days in jail and $2,000.
  • When the amount is between two and four ounces, the potential jail term increases to one year, plus a fine of $4,000.
  • Cultivation of four ounces or more is a felony, and prison terms and fines continue to increase with the aggregate weight of cannabis cultivated. Read the state law page for more information.

Utah

Any marijuana cultivation is a crime in Utah, and offenses are treated as criminal possession.

  • Growing less than one ounce is a misdemeanor punishable by up to six months in jail and a $1,000 fine.
  • The potential penalty increases to one year and $2,500 when the amount is between an ounce and a pound.
  • 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

Vermont’s recreational marijuana laws allow the home cultivation of up to six plants, as long as no more than two are mature at any one time. Growers are also permitted to keep the harvest from those plants. It is a felony when the quantity grown exceeds the allowed limits.

  • Cultivation of 3 – 10 plants is punishable by 3 years imprisonment and $10,000 in fines.
  • Cultivation of 11 – 25 plants is punishable by up to 5 years in prison and $100,000 in fines.
  • For more than 25 plants, the maximum penalty is 15 years in prison 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 felony to cultivate any number of plants in Wisconsin.

  • Growing four plants of fewer comes with up to 3.5 years in prison and $10,000 in fines.
  • When between four and 20 plants are grown, the potential penalty increases to six years in prison plus $10,000.
  • For between 20 and 50 plants, the punishment is up to 10 years imprisonment and $25,000 in fines.
  • For between 50 and 200 plants, the potential prison term increases to 12.5 years, plus $25,000 in fines.
  • And finally, growing more than 200 plants comes is punishable by a potential 15 years imprisonment and $50,000 in fines.

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.

YOU SHOULD READ