Arizona law (Proposition 207 / ARS 36-2852) permits adults 21+ to grow up to 6 cannabis plants per person (12 per household with 2+ adults) for personal use. Plants must be in an enclosed, locked area not visible from public spaces. Tempe cannot prohibit home cultivation under state preemption but enforces nuisance provisions for odor and other impacts. Landlords may prohibit cultivation in lease agreements.
Home cannabis cultivation in Tempe is governed by Arizona's Smart and Safe Arizona Act (Proposition 207, codified at ARS 36-2850 et seq.). Adults 21 and older may cultivate up to 6 marijuana plants per person, with a household maximum of 12 plants where two or more adults reside. Plants must be grown in an enclosed area equipped with a lock or security device preventing access by minors. The growing area must not be visible from public places or neighboring properties. While Tempe cannot ban home cultivation under state preemption, the city enforces its nuisance ordinance for excessive odor that impacts neighbors. Tenants should check lease agreements, as Arizona law allows landlords to prohibit cannabis cultivation in rental properties. In Tempe's dense urban and student-heavy neighborhoods near ASU, odor from home cultivation is a common complaint topic. Outdoor cultivation on balconies or open yards is not compliant if visible to the public. The product of home cultivation may not be sold.
Growing more than the permitted number of plants is a criminal offense. Cultivation visible to the public or creating odor nuisances may result in code enforcement action.
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Side-by-side rule comparisons with other cities in Maricopa County.
See how other cities in Maricopa County handle home cultivation.
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