San Mateo, CA Cannabis Regulations: Home Cultivation (2026)
Key Facts
- Outdoor Growing
- Prohibited. Ord. 2017-4 / Ch. 7.45
- Indoor Growing
- Up to 6 plants (Prop 64)
- Requirements
- Locked space, not visible
- City Code
- SMMC §7.46.110
- Landlord Rules
- May prohibit in lease
Summary
San Mateo adopted Ordinance 2017-4 adding Chapter 7.45 to prohibit outdoor cannabis cultivation within city limits. Indoor cultivation of up to six plants per residence is protected under Proposition 64 (CA H&S Code Section 11362.2). Plants must be in a locked space not visible from public areas.
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 processed within a single private residence at one time.
Full Breakdown
The City of San Mateo adopted Ordinance No. 2017-4 adding Chapter 7.45 to prohibit the cultivation, processing, or sale of marijuana within city limits. Outdoor cultivation of any amount is banned. However, California Proposition 64 preempts local bans on indoor personal cultivation. Adults 21 and older may cultivate up to six plants indoors per residence for personal use, provided the plants are in a locked space not visible or detectable from a public place. The city's Chapter 7.46 (Section 7.46.110) specifically addresses marijuana produced for individual residential on-site consumption, acknowledging the state law protection. Landlords may prohibit cultivation through lease terms. Medical marijuana patients retain cultivation rights under the Compassionate Use Act.
Violations & Fines
Outdoor cultivation violates SMMC Chapter 7.45. Cultivating more than six plants without a license is a state misdemeanor. Indoor cultivation not meeting visibility and security requirements may be cited under both city and state law.
Frequently Asked Questions
Can I grow cannabis outdoors in San Mateo?
Can I grow cannabis indoors in San Mateo?
Does the city ordinance override state law?
Sources & Official References
Other rules in San Mateo
California rules heatmap·Compare San Mateo to another location·View the California cannabis regulations overview
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