Berkeley, CA Cannabis Regulations: Home Cultivation (2026)
Key Facts
- Age
- 21 and older
- Plant limit
- Six per residence
- Location
- Indoor or enclosed only
- Visibility
- Not visible from public
- Landlord
- May prohibit by lease
Summary
Adults 21 and older in Berkeley may cultivate up to six cannabis plants indoors at a private residence under Proposition 64 and BMC Chapter 12.27, with additional rules for security and odor control.
11362.2. (a) Personal cultivation of cannabis under paragraph (3) of subdivision (a) of Section 11362.1 is subject to the following restrictions: (2) The living plants and any cannabis produced by the plants in excess of 28.5 grams are kept within the person's private residence, or upon the grounds of that private residence (e.g., in an outdoor garden area), are in a locked space, and are not visible by normal unaided vision from a public place. (3) Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time.
Full Breakdown
Under California Proposition 64 (Health and Safety Code 11362.1 et seq.) any adult 21 or older may grow up to six cannabis plants at their primary residence for personal use. Berkeley implements this allowance through BMC Chapter 12.27 and zoning rules. Cultivation must occur indoors or in a fully enclosed accessory structure; outdoor personal cultivation is generally prohibited or heavily restricted. Plants must not be visible from public places. Cultivation areas must comply with building, electrical, and fire codes, use residential-grade equipment, and not produce off-property odor, noise, or light nuisances. Sales are prohibited without a state and City commercial license. Landlords may lawfully prohibit cultivation in rental agreements. Medical patients with a valid recommendation may exceed six plants only up to the amount needed for their medical condition per state guidelines.
Frequently Asked Questions
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Sources & Official References
Other rules in Berkeley
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Home Cultivation in Nearby Cities
How other cities in Alameda County handle home cultivation.