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San Mateo County, CA Cannabis Regulations: Home Cultivation (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Plant Limit
6 per residence
Location
Indoor only: no outdoor
County Code
Chapter 5.148
Age
21+ (MAUCRSA)
Sale
Requires commercial license

Summary

Unincorporated San Mateo County allows adults 21+ to cultivate up to 6 cannabis plants per residence for personal, non-medical use under County Code Chapter 5.148 (Personal Cultivation). Cultivation must occur inside a private residence or a fully enclosed and secure accessory structure. OUTDOOR personal cultivation is PROHIBITED in unincorporated San Mateo County, going further than state law's baseline. Qualified medical patients may also cultivate indoors. Sale or commercial distribution requires a commercial cannabis license, which the County does NOT issue for retail activities.

City-specific rules exist: San Mateo has its own home cultivation rules that differ from San Mateo County's county-level regulations. If you live in San Mateo, check the city-specific page instead.

11362.2. (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 process

Source: SMC Code Ch. 5.148View official code

Full Breakdown

California Proposition 64 (2016) and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA, 2017) allow adults 21+ to cultivate up to 6 plants per residence. 148 restricting personal cannabis cultivation as follows: permitted only indoors inside a private residence or a fully enclosed, secure accessory structure on the residential grounds; outdoor cultivation (visible or not) is expressly PROHIBITED countywide. The indoor area must be locked and secured from unauthorized access including by minors. Odor must be controlled so it does not drift off-site (carbon filters or sealed systems).

Electrical modifications for lighting, ventilation, or climate control require building/electrical permits. Qualified medical patients with a physician's recommendation may cultivate for personal medical use under the same indoor-only restrictions; there is no enhanced plant count. Landlords may prohibit cannabis cultivation in rental units per lease terms. HOAs may also prohibit. Cultivation for sale or distribution without a commercial license is a crime under H&S Code §11358.

Violations & Fines

Outdoor personal cultivation: County Code Chapter 5.148 violation, $100-$500 first offense, escalating for repeat. Exceeding 6 plant limit: citation and plant abatement. Unsecured cultivation accessible to minors: misdemeanor H&S §11357.5. Cultivation for sale without license: felony H&S §11358. Unpermitted electrical work: building code violation plus possible fire code liability.

Frequently Asked Questions

Can I grow cannabis in my backyard if it's fenced?
No. Unincorporated San Mateo County's Chapter 5.148 PROHIBITS all outdoor personal cultivation: including behind fences or in greenhouses open to air. Cultivation must be inside your house or a fully enclosed accessory structure. This is stricter than state law baseline.
Do I need a permit to grow indoors?
No cultivation permit is required for personal indoor grows of up to 6 plants. However, if you modify electrical (additional lighting circuits) or plumbing (irrigation), or install mechanical ventilation, you need standard electrical/plumbing/mechanical permits from Planning & Building.

Sources & Official References

Other rules in San Mateo County

All San Mateo County rules

California rules heatmap·Compare San Mateo County to another location·View the California cannabis regulations overview

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