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San Diego, CA Cannabis Regulations: Personal Cultivation Limits (2026)

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

Key Facts

Plant limit
Six plants per residence
Minimum age
21 years old
State law
HSC §11362.1
Outdoor rule
Locked, not publicly visible
Sale
Prohibited without state license

Summary

Adults 21 and older in San Diego may cultivate up to six living cannabis plants per private residence under California Proposition 64, codified at Health and Safety Code §11362.1, with plants kept indoors or in a locked secured area not visible from public view.

(a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provision of law, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to: (1) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis; (2) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than eight grams of cannabis in the form of concentrated cannabis, including as contained in cannabis products; (3) Possess, plant, cultivate, harvest, dry, or process not more than six living cannabis plants and possess the cannabis produced by the plants; (4) Smoke or ingest cannabis or cannabis products; and (5) Possess, transport, purchase, obtain, use, manufacture, or give away cannabis accessories to persons 21 years of age or older without any compensation whatsoever.

Source: California HSC §11362.1View official code

Full Breakdown

California Proposition 64, codified at Health and Safety Code §11362.1, lets any adult 21 or older cultivate up to six plants total per residence, regardless of how many adults live there. Outdoor cultivation is allowed only when plants are not visible from a public place and are secured behind a locked enclosure. San Diego does not impose stricter local plant counts and follows the state baseline. The city enforces nuisance, odor, and electrical safety rules through the Development Services Department, San Diego Fire-Rescue, and Code Enforcement. Renters need landlord permission. Plants must not be cultivated where minors can access them and cannot be sold without a state license.

Violations & Fines

Exceeding six plants is a state infraction or misdemeanor under HSC §11358. Visible-from-public outdoor grows, missing locks, or any sale without a state license can also trigger SDMC nuisance abatement and code enforcement citations.

Frequently Asked Questions

Can two adults grow twelve plants together?
No. The six-plant limit is per private residence, not per adult. Multiple adults living together must share a single household cap of six living plants regardless of household size.
Can my landlord ban home cultivation?
Yes. California Health and Safety Code §11362.45 preserves a landlord's right to prohibit cannabis cultivation, smoking, and possession in lease terms for any rental property.

Sources & Official References

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