California Proposition 64 and Health and Safety Code §11362.1 allow adults 21+ to grow up to six cannabis plants per residence for personal use. Santa Clara County follows the state baseline.
Health and Safety Code §11362.1, enacted by 2016 Proposition 64, authorizes adults 21 and older to plant, cultivate, harvest, dry, and process up to six living cannabis plants per private residence for personal use, plus possess the harvest. Cultivation must occur in a locked space not visible from public areas. Local governments may impose reasonable regulations (security, ventilation, indoor-only requirements) but cannot ban indoor personal cultivation outright per H&S §11362.2. Santa Clara County imposes no special restrictions beyond the state baseline in unincorporated areas, requiring only compliance with state secure-and-screened rules. Outdoor cultivation may be regulated more strictly by local ordinance.
Exceeding six plants risks H&S §11358 misdemeanor (up to six months jail). Visible or unsecured cultivation triggers infractions; sales or commercial activity require state licensing.
See how Santa Clara County's personal cultivation limits rules stack up against other locations.
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