San Jose, CA Cannabis Regulations: Personal Cultivation Limits (2026)
Key Facts
- Plant limit
- Six plants per residence
- Minimum age
- 21 years or older
- State authority
- Health and Safety 11362.1
- Indoor protected
- Yes, cannot be banned
- Outdoor
- Locally regulated, screened required
Summary
Adults 21 and older in San Jose may cultivate up to six cannabis plants per residence for personal use under California Proposition 64 and Health and Safety Code Section 11362.1, with indoor cultivation expressly protected and outdoor cultivation subject to local visibility and security rules.
(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.
(b) Paragraph (5) of subdivision (a) is intended to meet the requirements of subsection (f) of Section 863 of Title 21 of the United States Code (21 U.S.C. Sec. 863(f)) by authorizing, under state law, any person in compliance with this section to manufacture, possess, or distribute cannabis accessories.
(c) Cannabis and cannabis products involved in any way with conduct deemed lawful by this section are not contraband nor subject to seizure, and no conduct deemed lawful by this section shall constitute the basis for detention, search, or arrest.
Full Breakdown
California Health and Safety Code Section 11362.1 (Adult Use of Marijuana Act / Proposition 64, 2016) lets adults aged 21 or older possess, process, and cultivate up to six living cannabis plants at their primary residence for personal use, with the harvest from those plants kept in a locked space at the residence. Section 11362.2 lets cities reasonably regulate but not ban indoor personal cultivation. San Jose follows the state baseline; outdoor cultivation can be more tightly regulated, and plants must be screened from public view, secured against minors, and not produce odors or impacts that constitute a nuisance under SJMC Chapter 6.88 implementation rules.
Violations & Fines
Exceeding six plants, growing for sale without a license, or unsecured outdoor cultivation visible from the public way may trigger administrative citations, abatement, and possible criminal referral if commercial activity is suspected.
Frequently Asked Questions
Can each adult in my house grow six plants?
Can I grow cannabis outdoors in my San Jose backyard?
Sources & Official References
Other rules in San Jose
California rules heatmap·Compare San Jose to another location·View the California cannabis regulations overview
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