Can You Get Busted for Growing 1 Plant?: Penalties for Growing Cannabis

Currently, home cultivation of cannabis is legal in many states for medical and/or recreational use. However, each state has varying cannabis cultivation laws, restrictions, or bans.

Understanding your state, county, and local grow laws can help you avoid getting busted for growing 1 plant. Here are the current home cultivation laws (as of December 2021) and penalties for growing one or more pot plants in the U.S.

Cultivation Laws for States Where Cannabis Is Prohibited

Alabama

Illegal manufacture or cultivation (any amount): Felony

Idaho

Illegal manufacture or cultivation (any amount): Felony

Indiana

Illegal manufacture or cultivation:

-Less than 30 gm flower cultivated: Misdemeanor

-Up to 10 lb. flower cultivated: Felony

Kansas

Illegal manufacture for cultivation

-Less than four plants: Charged as possession

-First and second offense (small amounts): Simple misdemeanor

-Third and subsequent offense: Felony

-More than four plants: Felony

Kentucky

Illegal manufacture or cultivation:

-First offense (less than five plants): Misdemeanor

-Subsequent offenses (less than five plants): Felony cultivation

-Five or more plants: Charged as a distribution/trafficking felony

Mississippi

Illegal manufacture or cultivation (any amount): Felony

Nebraska

Illegal manufacture or cultivation (any amount): Felony

North Carolina

Illegal manufacture or cultivation:

-Less than 10 lb.: Felony

-More than 10 lb.: Felony trafficking

South Carolina

Illegal manufacture or cultivation:

-100 or fewer plants: Felony

-More than 100 plants: Felony trafficking

Tennessee

Illegal manufacture or cultivation (any amount): Felony

Wisconsin

Illegal manufacture or cultivation (any cultivation): Felony

Wyoming

Illegal manufacture or cultivation (any cultivation): Misdemeanor

Home Cultivation Laws for States Where Only Medical Cannabis Is Legal

Arkansas

No home cultivation for patients or caregivers

Cultivation of less than 14 gm: Misdemeanor

Cultivation of up to 500 lb.: Felony

Delaware

No home cultivation for patients or caregivers

Cultivation: Regulated as distribution (felony) based on the aggregate weight of the plants

Florida

No home cultivation for patients or caregivers

Cultivation regulated the same as distribution:

-Distribution of 20 gm or less without receiving money: Misdemeanor

-Distribution of any amount of flower or concentrate with money received or more than 20 grams: Felony

Georgia

No home cultivation for patients or authorized guardians

Cultivation of any flower or concentrate manufacturing: Felony

Hawaii

Patients and their caregivers may grow up to 10 plants at home

Cultivation of any amount (non-medical users): Felony

Iowa

No home cultivation for patients or caregivers

Manufacture or cultivation of any amount: Felony

Louisiana

Home cultivation for patients or caregivers

Cultivation of any amount: Felony

Maryland

No home cultivation for patients or caregivers

Cultivation of smaller amounts: Regulated as possession

-Possession for personal use (less than 10 gm): Civil fine

-Possession of 10 grams to 50 lb.: Misdemeanor

-Possession of more than 50 lb.: Felony

Cultivation of larger amounts: Regulated as distribution (Felony)

Minnesota

No home cultivation for patients or caregivers

Cultivation of smaller amounts (Regulated as possession)

Possession for personal use (less than 42.5 gm): Drug treatment program; failure to complete the program is a misdemeanor

Possession of 1.4 gm or more in a vehicle: Misdemeanor

Possession of more than 42.5 gm: Felony

Cultivation of the larger amounts: Regulated as distribution

Distribution of less than 42.5 gm without receiving money: Petty misdemeanor

Distribution of any amount when money is received: Felony

Missouri

A patient may possess up to 6 flowering plants, 6 non-flowering plants, and 6 clones. Two patients may grow in a single enclosed and locked area with a 12 plant limit per household, unless the caregiver is growing on behalf of a third patient. Caregivers can grow up to 18 plants.

Cultivation of any amount (non-medical users): Felony

New Hampshire

No home cultivation for patients or caregivers

Cultivation: Regulated as possession or distribution depending on the aggregate weight of the plants

Possession for personal use (¾ oz or less): Civil violation

Possession, third offense, more than ¾ oz: Misdemeanor

Distribution of any amount: Felony

North Dakota

No home cultivation for patients or caregivers

Cultivation: Charged as possession

Possession of 14 gm or less: Criminal infraction

Possession of more than 14 gm: Misdemeanor

Ohio

No home cultivation for patients or caregivers

Cultivation of less than 100 gm: Minor misdemeanor

Cultivation of 100 to 200 gm: Misdemeanor

Cultivation of larger amounts: Felony

Oklahoma

Qualified and registered patients and caregivers may grow up to six mature plants and six seedlings

Cultivation of any amount (non-medical users): Felony

Pennsylvania

No home cultivation for patients or caregivers

Cultivation of less than 10 plants: Charged as possession

Possession for personal use (30 gm or less flower or 8 gm or less hash): Misdemeanor

Possession of larger amount up to 200 lb.: Higher misdemeanor

Cultivation of more than 10 plants: Charged as trafficking

Rhode Island

Qualified patients may grow up to 12 mature plants and 12 seedlings. Caregivers can grow up to 24 mature plants and 24 seedlings

Cultivation of any amount (non-medical users): Felony

South Dakota

Up to three plants or an amount prescribed by a physician

Texas

No home cultivation allowed

Cultivation of any flower: Felony

Utah

No home cultivation allowed

Cultivation: Regulated as possession

Possession for personal use less than 1 oz (first and second offense): Petty misdemeanor

Possession of 1 oz to 1 lb.: Misdemeanor

Possession for personal use of less than 1 oz, third and subsequent offenses: Felony

Possession of over 1 lb.: Felony

West Virginia

No home cultivation for patients or caregivers

Cultivation: Regulated as possession or distribution depending on the aggregate weight of the plants

Possession of any amount: Misdemeanor

Distribution of any amount: Felony

Home Cultivation Laws for States Where Medical and Recreational Cannabis Is Legal

Alaska

Medical: Up to six plants for patients over 21

Recreational: Up to six plants, 12-plant household limit

Arizona

Medical: up to 12 plants per household if the home is more than 25 miles from a dispensary

Recreational: Up to six plants, 12-plant household limit

California

Medical: Up to 100 square feet grow area per residence

Recreational: Up to six plants

Colorado

Medical: Six plants or 12 per household; if local regulations allow, patients and caregivers can grow up to 24 plants by registering with the MED and notifying the city

Recreational: Up to six plants or 12 plants per household

Connecticut

Medical: Patients and caregivers can grow up to six plants (three mature and three immature) indoors

Recreational: Starting July 1, 2023, adults can grow up to six plants (three mature and three immature) indoors

District of Columbia (DC)

Medical: Up to three mature and three immature plants per patient with a 12-plant limit per household

Recreational: Up to three mature and three immature plants per adult with a 12-plant limit per household

Illinois

Medical: Up to five plants per household

Recreational: Decriminalized; up to five plants per household is punishable with a $200 fine

Maine

Medical: Up to six mature and 12 immature plants and unlimited seedlings

Recreational: Up to three mature and 12 immature plants and unlimited seedlings

Massachusetts

Medical: Up to six plants (must register for hardship cultivation permit)

Recreational: Up to six plants per person; 12-plant limit per household

Michigan

Medical: Up to 12 plants

Recreational: Up to 12 plants

Montana

Medical: Up to four plants

Recreational: Up to four mature plants and four seedlings, 8 plants per household

Nevada

Medical: Home cultivation allowed if dispensary access is limited

Recreational: Up to six plants per adult and 12-plant limit per household if the residence is more than 25 miles away from a dispensary

New Jersey

Medical: No home cultivation for patients or caregivers

Recreational: Home cultivation is not allowed

Cultivation of any amount: Indictable offense

New Mexico (Sales begin April 1, 2022):

Medical: Qualified patients and caregivers can grow up to 16 plants with four mature plants at one time

Recreational: Adults can grow up to six mature and six immature plants, 12-plant limit per household

New York (Adult-use licenses will be issued around spring 2023):

Medical: Three mature and three immature plants

Recreational: Three mature and three immature plants (prohibited until 18 months after the first recreational dispensary opens, up to 6 mature plants per household)

Oregon

Medical: Patients can grow up to six mature plants, 12 immature plants taller than 24 inches, and 36 immature plants that are no taller than 24 inches ( zoning and grandfathered laws may apply)

Recreational: Adults can grow up to four plants per household with some restrictions

Vermont

Medical: Patients can grow up to two mature and seven immature plants with some restrictions

Recreational: Adults can grow up to two mature and four immature plants

Virginia

(Recreational sales are expected to start in 2024):

Cultivation: Up to four plants with some restrictions

Washington State

Medical: Up to six plants, 15-plant limit per household

Recreational: Home cultivation prohibited

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Luis Cordova

Luis Cordova is a distinguished author, and renowned expert in cannabis cultivation, who possesses a Master's degree in Plant Biotechnology and Pharmaceutical Science. As a valued contributor to highly esteemed publications such as Cannabis Training University and Maximum Yield Magazine, Luis has emerged as a trusted source of guidance and knowledge in the cannabis industry. Having written thousands of informative articles, Luis is widely recognized for his comprehensive expertise on cultivating cannabis, both indoors and outdoors.