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San Jose, CA Cannabis Regulations: Home Cultivation (2026)

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

Key Facts

Plant Limit
6 plants per residence for personal use
Age Requirement
21+ years old (or medical patient with recommendation)
Visibility
Plants must not be visible from public right-of-way
Location
Indoor or locked enclosed outdoor area
Code Section
SJMC Chapter 6.88; CA HSC §11362.1

Summary

Under California Proposition 64 and SJMC Chapter 6.88, adults 21+ may cultivate up to six cannabis plants per residence for personal use. Plants must be grown indoors or in a secure, enclosed area not visible from public right-of-way. San Jose does not require a permit for personal cultivation within these limits. Medical patients with a physician's recommendation may cultivate additional plants as allowed under state law (Health & Safety Code §11362.77).

(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).

Source: San Jose Municipal Code Ch. 6.88 - CannabisView official code

Full Breakdown

Personal cultivation must comply with all applicable building, electrical, and fire codes. Indoor grows using high-intensity lighting may require electrical upgrades with proper permits. Outdoor cultivation must be in a locked, enclosed space such as a greenhouse not visible from public areas. Cultivation for sale without a commercial license is prohibited. Landlords may prohibit cultivation in lease agreements.

Violations & Fines

Exceeding the six-plant limit or cultivating for sale without a license can result in criminal charges. Building or fire code violations from grow operations can result in administrative citations and abatement orders.

Frequently Asked Questions

Do I need a permit to grow cannabis at home in San Jose?
No permit is required for personal cultivation of up to six plants per residence, but you must comply with building and fire codes, and plants cannot be visible from public areas.
Can my landlord prohibit cannabis cultivation?
Yes. Landlords may include lease provisions prohibiting cannabis cultivation on the property. Prop 64 does not override private property restrictions.

Sources & Official References

Other rules in San Jose

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All San Jose rules

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Home Cultivation in Nearby Cities

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