California Statewide Rule
California Personal Cannabis Cultivation Right Statewide
Key Facts
- Plant limit
- 6 plants per residence
- Indoor preemption
- H&S Code 11362.2(b)
- Minimum age
- 21 years
- Possession limit
- 28.5g flower
- Outdoor regulation
- Local discretion
Summary
Health and Safety Code section 11362.2 grants every adult 21 or older the statewide right to cultivate up to six cannabis plants indoors, and bars local governments from completely prohibiting indoor personal cultivation.
(a) Personal cultivation of cannabis under paragraph (3) of subdivision (a) of Section 11362.1 is subject to the following restrictions: (1) A person shall plant, cultivate, harvest, dry, or process plants in accordance with local ordinances, if any, adopted in accordance with subdivision (b). (2) The living plants and any cannabis produced by the plants in excess of 28.5 grams are kept within the person's private residence, or upon the grounds of that private residence (e.g., in an outdoor garden area), are in a locked space, and are not visible by normal unaided vision from a public place. (3) Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time.
Full Breakdown
Health and Safety Code 11362.2 authorizes adults 21 or older to plant, cultivate, harvest, dry, or process up to six living cannabis plants per private residence. Subsection (b) lets cities and counties enact reasonable regulations on indoor cultivation but expressly forbids them from completely prohibiting it inside a private residence or accessory structure that is fully enclosed and secure. Local jurisdictions may ban outdoor cultivation, but indoor cultivation of six plants is a statewide right. Section 11362.1 separately permits adults to possess up to 28.5 grams of cannabis flower and 8 grams of concentrate.
Violations & Penalties
Cultivating more than six plants without a commercial license is an infraction or misdemeanor under Health and Safety Code 11358 with fines starting at $500 and possible jail time. Local agencies that fully ban indoor personal cultivation face declaratory and injunctive challenges.
Frequently Asked Questions
Can my California city ban indoor home cultivation entirely?
What restrictions can cities still impose?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.