Hayward, CA Cannabis Regulations: Home Cultivation (2026)
Key Facts
- Plant limit
- 6 per residence
- Location
- Indoor only, primary residence
- Access
- Locked, away from minors
- Sale
- Prohibited
Summary
California Proposition 64 lets adults 21 and older grow up to six cannabis plants per residence in Hayward, with Hayward restricting cultivation to indoors.
(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.
(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 and Health and Safety Code 11362.2, adults 21 and older may cultivate up to six living cannabis plants per private residence for personal use. Hayward Municipal Code implements this by permitting indoor personal cultivation only and prohibiting outdoor cultivation visible from a public place or accessible to minors. Plants must be grown inside a fully enclosed and secure structure at the grower's primary residence, not in greenhouses open to view, and must be kept in a locked area inaccessible to minors. Cultivation may not create odors that are a nuisance to neighbors, may not modify electrical systems in a way that violates the building or fire code, and may not use unvented combustion devices. The harvest beyond personal possession limits must be stored at the residence. Sale or trade of home-grown cannabis is prohibited, and landlords may still restrict or forbid cultivation in rental units.
Frequently Asked Questions
Can I grow in my backyard?
Can my landlord ban it?
Sources & Official References
Other rules in Hayward
California rules heatmap·Compare Hayward to another location·View the California cannabis regulations overview
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Home Cultivation in Nearby Cities
How other cities in Alameda County handle home cultivation.