Home Cultivation: Daly City vs San Mateo
How do home cultivation rules compare between Daly City, CA and San Mateo, CA?
Daly City has fewer restrictions than San Mateo.
Daly City, CA
San Mateo County
Unincorporated San Mateo County allows adults 21+ to cultivate up to 6 cannabis plants per residence for personal, non-medical use under County Code Chapter 5.148 (Personal Cultivation). Cultivation must occur inside a private residence or a fully enclosed and secure accessory structure — OUTDOOR personal cultivation is PROHIBITED in unincorporated San Mateo County, going further than state law's baseline. Qualified medical patients may also cultivate indoors. Sale or commercial distribution requires a commercial cannabis license, which the County does NOT issue for retail activities.
View full Daly City rules →San Mateo, CA
San Mateo County
San Mateo adopted Ordinance 2017-4 adding Chapter 7.45 to prohibit outdoor cannabis cultivation within city limits. Indoor cultivation of up to six plants per residence is protected under Proposition 64 (CA H&S Code Section 11362.2). Plants must be in a locked space not visible from public areas.
View full San Mateo rules →Key Facts Comparison
| Fact | Daly City | San Mateo |
|---|---|---|
| Plant Limit | 6 per residence | - |
| Location | Indoor only — no outdoor | - |
| County Code | Chapter 5.148 | - |
| Age | 21+ (MAUCRSA) | - |
| Sale | Requires commercial license | - |
| Outdoor Growing | - | Prohibited — Ord. 2017-4 / Ch. 7.45 |
| Indoor Growing | - | Up to 6 plants (Prop 64) |
| Requirements | - | Locked space, not visible |
| City Code | - | SMMC §7.46.110 |
| Landlord Rules | - | May prohibit in lease |
Highlighted rows indicate differences between cities.
Daly City FAQ
Can I grow cannabis in my backyard if it's fenced?
No. Unincorporated San Mateo County's Chapter 5.148 PROHIBITS all outdoor personal cultivation — including behind fences or in greenhouses open to air. Cultivation must be inside your house or a fully enclosed accessory structure. This is stricter than state law baseline.
Do I need a permit to grow indoors?
No cultivation permit is required for personal indoor grows of up to 6 plants. However, if you modify electrical (additional lighting circuits) or plumbing (irrigation), or install mechanical ventilation, you need standard electrical/plumbing/mechanical permits from Planning & Building.
San Mateo FAQ
Can I grow cannabis outdoors in San Mateo?
No. Ordinance 2017-4 and Chapter 7.45 prohibit all outdoor cultivation within city limits.
Can I grow cannabis indoors in San Mateo?
Yes. Proposition 64 protects indoor cultivation of up to six plants per residence for adults 21+. Plants must be in a locked space not visible from public areas.
Does the city ordinance override state law?
The city can ban outdoor cultivation, but state law protects indoor personal cultivation of up to six plants. SMMC Section 7.46.110 acknowledges this state protection.
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