Is it Illegal to Grow Pot at Home?


As CBT, CBD, cannabis, and hemp products continue to increase in popularity, it’s a tempting idea to start cultivating and processing your own products at home to make extra money. However, is it legal to grow cannabis or hemp at home and if so how do you get started? Keep reading to find out!

Federal Law

One of the complications surrounding homegrown cannabis is the Federal government. Marijuana is still illegal at the federal level, but hemp is permitted with the right permissions. For aspiring growers, this distinction can be the difference between making some extra cash and legal issues.

Basically, hemp and marijuana are the same species of plant but, amongst other differences, hemp contains less than 0.3% tetrahydrocannabinol (THC) while marijuana contains higher levels, which can trigger a “high.”

Because of this important distinction, the federal government allows hemp growth and cultivation but prohibits marijuana. However, that does not mean that individual states consider marijuana an illegal substance.

California Weed Law

In 2016, California voters passed the Adult Use of Marijuana Act which legalizes commercial cannabis activity. Since the law went into effect, regulators at the recently consolidated California Department of Cannabis Control have added additional requirements and restrictions for growers that can make cultivation at home complicated.

For example, home growers can’t use butane or propane to process cannabis and they can’t have more than six plants. Home growers are also prohibited from selling their products in exchange for money or goods and must obtain a license to sell it as a commercial venture.

Home-grown hemp and marijuana may sound like a fun hobby, but things can get complicated quickly without the right legal protections. If you sell your marijuana from home, there are many steps you must take to be considered a business, and harsh consequences if you don’t follow the rules.

Making Marijuana Money at Home

If you want to start your own cannabis business, you’ll need licenses, permits, and good bookkeeping skills to ensure that your small-scale enterprise stays above board. Zoning and permits also cost money, but they can protect you from the law and ensure that your products are legal in California.


Growing pot at home isn’t illegal as long as it’s for personal use, but if you choose to sell it, you need licenses and permits. If you need a license to sell cannabis in California, speak to an attorney. Homegrown weed operations may not seem worth hiring an attorney over, but a lawyer can guide you to the information you need to make a wise decision and the correct licenses to ensure that your small business is legal.

Need a cannabis lawyer? Contact Purdy & Bailey, LLP. for more information.

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