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).
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.
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.
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Side-by-side rule comparisons with other cities in Santa Clara County.
See how other cities in Santa Clara County handle home cultivation.
See how San Jose's home cultivation rules stack up against other locations.
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