Federal law makes it illegal to grow marijuana. However, as of early 2017, an individual can legally grow marijuana in California, Colorado, Washington, Oregon, New Mexico, Nevada, Alaska, Arizona, Massachusetts, Michigan, Maine, the District of Columbia (D.C.) and Hawaii.
State cannabis laws vary and some states allow recreational marijuana users to grow marijuana within their home. However, there are limits to the amount that can grown.
Some states allow patients to cultivate marijuana. However, these states impose limits on the amount of marijuana that the patient or the patient’s caregiver may grow. Of course, these limits will differ by state. For example, medical marijuana patients in California can grow marijuana as is reasonably related to their medical needs. In contrast, many states impose strict limits on the number of plants a patient may keep. Michigan limits marijuana cultivation to 12 plants per patient while Maine limits the number to 6 plants per patient.
In addition, some states might regulate how a patient or caregiver might grow the marijuana. For example, Maine requires that the marijuana be kept in an enclosed and locked facility.
States that have legalized recreational marijuana also placed limits on the amount of marijuana an individual over the age of 21 may grow. These limits are:
Since there growing marijuana is not allowed nationwide and there are some states that do not allow it, there still can be criminal penalties for growing marijuana. The penalties for growing marijuana depend on whether you are charged under Federal or State law.
The penalties for growing marijuana are very severe. If you are arrested for growing marijuana in a state that you are not allowed to, you risk facing large fines and a lengthy incarceration. You should consult with a criminal defense attorney immediately. They will be able to help you defend yourself against the charges. Additionally, your attorney will be familiar with your State's particular laws. You attorney may also be able to help reduce your sentence.
Last Modified: 04-15-2018 06:48 PM PDTLaw Library Disclaimer
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