Fremont, CA Cannabis Regulations: Home Cultivation (2026)
Key Facts
- Plants
- Up to 6 per residence
- Age
- 21 or older
- Outdoor
- Prohibited in Fremont
- Security
- Locked, not visible
- State law
- H&S Code 11362.2
Summary
Adults 21 and over in Fremont may cultivate up to six cannabis plants per residence for personal use under Proposition 64. Outdoor cultivation is prohibited; growing must occur indoors in a secure, locked area.
Health and Safety Code - HSC, Section 11362.2.
ARTICLE 2. Cannabis
(a) Personal cultivation of cannabis under paragraph (3) of subdivision (a) of Section 11362.1 is subject to the following restrictions:
(1) A person shall plant, cultivate, harvest, dry, or process plants in accordance with local ordinances, if any, adopted in accordance with subdivision (b).
(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.
(b)(1) A city, county, or city and county may enact and enforce reasonable regulations to regulate the actions and conduct in paragraph (3) of subdivision (a) of Section 11362.1.
(2) Notwithstanding paragraph (1), a city, county, or city and county shall not completely prohibit persons engaging in the actions and conduct under paragraph (3) of subdivision (a) of Section 11362.1 inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure.
(3) Notwithstanding paragraph (3) of subdivision (a) of Section 11362.1, a city, county, or city and county may completely prohibit persons from engaging in actions and conduct under paragraph (3) of subdivision (a) of Section 11362.1 outdoors upon the grounds of a private residence.
(4) Paragraph (3) shall become inoperative upon a determination by the California Attorney General that adult use of cannabis is lawful in the State of California under federal law, and an act taken by a city, county, or city and county under paragraph (3) is unenforceable upon the date of that determination by the Attorney General.
(5) For purposes of this section, "private residence" means a house, an apartment unit, a mobile home, or other similar dwelling.
Full Breakdown
Under California Proposition 64 (Adult Use of Marijuana Act) and Health and Safety Code 11362.2, persons 21 or older may cultivate up to six living cannabis plants per private residence for personal use. Fremont exercises its authority under state law to restrict outdoor cultivation; all personal cannabis cultivation must occur indoors within a private residence or in a fully enclosed, secure accessory structure not visible from public view. Plants must be in a locked area inaccessible to minors, and cultivation cannot create odor, mold, or other nuisances affecting neighbors. Use of cannabis and plant waste disposal must not violate landlord rules or HOA covenants. Any cultivation beyond the six-plant limit or for sale requires a state commercial license plus Fremont business approvals. Violations can be enforced by Fremont Police or Code Enforcement. Questions: Fremont Planning at (510) 494-4460.
Frequently Asked Questions
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Sources & Official References
Other rules in Fremont
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