Santa Clara, CA Cannabis Regulations: Home Cultivation (2026)
Key Facts
- State limit
- 6 plants per residence
- Age required
- 21+
- Outdoor cultivation
- Prohibited
- Indoor required
- Locked, secure area
- Sales/distribution
- Prohibited in city
Summary
Santa Clara adults 21+ may cultivate up to 6 cannabis plants per residence under California Proposition 64. Outdoor cultivation is prohibited - plants must be grown indoors in a locked, secure area.
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, 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.
(4) Paragraph (3) shall become inoperative upon a determination by the California Attorney General that adult use of cannabis is lawful in the State of California under federal law, and an act taken by a city, county, or city and county under paragraph (3) is unenforceable upon the date of that determination by the Attorney General.
(5) For purposes of this section, “private residence” means a house, an apartment unit, a mobile home, or other similar dwelling.
Full Breakdown
2, adults 21 and older may cultivate up to six cannabis plants per residence for personal use regardless of how many adults live there. Santa Clara Municipal Code aligns with state law but restricts cultivation to inside a private residence or a fully enclosed accessory structure, prohibiting outdoor cultivation visible from public view. Cultivation must occur in a locked space inaccessible to minors, with no access from any public street or sidewalk. Any odor, mold, or electrical hazards that create a nuisance can trigger code enforcement.
Landlords may prohibit cultivation in rental agreements, and tenants must have written landlord permission in most cases. Commercial sale, manufacturing, distribution, and retail sale of cannabis is prohibited within Santa Clara city limits under the local ordinance - personal cultivation for personal use only is allowed. Home cultivation is tax-free but still subject to nuisance rules on smell and electrical safety.
Frequently Asked Questions
How many plants can I grow in Santa Clara?
Can I grow cannabis outdoors?
Sources & Official References
Other rules in Santa Clara
California rules heatmap·Compare Santa Clara to another location·View the California cannabis regulations overview
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Home Cultivation in Nearby Cities
How other cities in Santa Clara County handle home cultivation.