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🌱 Cannabis Regulations/Home Cultivation

Home Cultivation: Berkeley vs Oakland

How do home cultivation rules compare between Berkeley, CA and Oakland, CA?

Berkeley and Oakland have similar restriction levels.

Berkeley, CA

Alameda County

Some Restrictions

Adults 21 and older in Berkeley may cultivate up to six cannabis plants indoors at a private residence under Proposition 64 and BMC Chapter 12.27, with additional rules for security and odor control.

View full Berkeley rules β†’

Oakland, CA

Alameda County

Some Restrictions

Cannabis home cultivation is legal in Oakland for adults 21+ under California Proposition 64. Up to 6 plants per household may be grown. Oakland has been at the forefront of cannabis equity, including its Cannabis Equity Program supporting social equity applicants.

View full Oakland rules β†’

Key Facts Comparison

FactBerkeleyOakland
Age21 and older21 and older
Plant limitSix per residence-
LocationIndoor or enclosed only-
VisibilityNot visible from public-
LandlordMay prohibit by leaseMay prohibit in lease
Legal Status-Legal β€” 6 plants per household
Security-Locked space, not visible from public
State Law-CA Health & Safety Code Β§11362.2

Highlighted rows indicate differences between cities.

Berkeley FAQ

Can I grow cannabis outside in Berkeley?

Personal outdoor cultivation is generally restricted. Cultivation must be indoors or in a fully enclosed accessory structure.

How many plants can I grow?

Six plants per residence for adult personal use under Prop 64 and BMC 12.27.

Oakland FAQ

How many cannabis plants can I grow in Oakland?

Adults 21+ may grow up to 6 living plants per residence. Plants must be in a locked space not visible from public areas.

Can my landlord prohibit home growing?

Yes. Landlords may include provisions in lease agreements prohibiting cannabis cultivation on the rental property.

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