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๐ŸŒฑ Cannabis Regulations/Home Cultivation

San Jose vs Santa Clara

How do home cultivation rules compare between San Jose, CA and Santa Clara, CA?

San Jose has fewer restrictions than Santa Clara.

San Jose, CA

Santa Clara County

Some Restrictions

Under California Proposition 64 and SJMC Chapter 6.88, adults 21+ may cultivate up to six cannabis plants per residence for personal use. Plants must be grown indoors or in a secure, enclosed area not visible from public right-of-way. San Jose does not require a permit for personal cultivation within these limits. Medical patients with a physician's recommendation may cultivate additional plants as allowed under state law (Health & Safety Code ยง11362.77).

View full San Jose rules โ†’

Santa Clara, CA

Santa Clara County

Heavy Restrictions

Santa Clara adults 21+ may cultivate up to 6 cannabis plants per residence under California Proposition 64. Outdoor cultivation is prohibited - plants must be grown indoors in a locked, secure area.

View full Santa Clara rules โ†’

Key Facts Comparison

FactSan JoseSanta Clara
Plant Limit6 plants per residence for personal use-
Age Requirement21+ years old (or medical patient with recommendation)-
VisibilityPlants must not be visible from public right-of-way-
LocationIndoor or locked enclosed outdoor area-
Code SectionSJMC Chapter 6.88; CA HSC ยง11362.1-
State limit-6 plants per residence
Age required-21+
Outdoor cultivation-Prohibited
Indoor required-Locked, secure area
Sales/distribution-Prohibited in city

Highlighted rows indicate differences between cities.

San Jose FAQ

Do I need a permit to grow cannabis at home in San Jose?

No permit is required for personal cultivation of up to six plants per residence, but you must comply with building and fire codes, and plants cannot be visible from public areas.

Can my landlord prohibit cannabis cultivation?

Yes. Landlords may include lease provisions prohibiting cannabis cultivation on the property. Prop 64 does not override private property restrictions.

Santa Clara FAQ

How many plants can I grow in Santa Clara?

Up to six cannabis plants per residence under state law, grown indoors only in a secured locked space.

Can I grow cannabis outdoors?

No. Santa Clara prohibits outdoor cultivation. All six plants must be grown inside a private residence or accessory building.

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