Getting a License to Grow Cannabis

There are currently 17 states, plus Washington D.C., that have legalized the use of cannabis recreationally and sell it. Some of these states also allow you to grow your own supply of cannabis for recreational use.

Alaska

In Alaska, you can not only grow and sell cannabis commercially, but you can also grow for yourself personally. Adults 21 and over can possess, grow, and gift up to six plants. Only three of these plants can be flowering at a time. For homes with multiple adults over 21, there can be up to 12 plants on the premises, and six can be mature and flowering.
To grow cannabis commercially in Alaska, there is an application that can be filled out and a large number of fees to pay in order to become licensed.

Arizona

Arizona legalized the use of recreational marijuana for those that are 21 and older by passing the Proposition 207 ballot initiative in November 2020. However, possession or sale of more than 28 grams is still a crime in Arizona.

California

In California, you can grow cannabis both recreationally and commercially. To grow your own supply for recreational use, you can cultivate up to six plants at a time. A residence can also have up to 100 square feet of space dedicated to cultivating medicinal cannabis, and there are no limits on the plants that can be grown medically.
To grow commercially, you need to contact CalCannabis Cultivation Licensing, which is a division of the California FDA, which is in charge of both licensing and regulating commercial cannabis growers in the state.

Colorado

Adults 21 and over in Colorado can grow up to six cannabis plants recreationally, having three mature and flowering at once. Growing medical cannabis has the same restrictions unless someone is claimed as the caregiver of someone who needs medical cannabis; they can have up to five patients and grow up to 36 plants.
You can get a license to grow cannabis commercially.

Connecticut

Recreational marijuana became legal in Connecticut on July 1, 2021, which makes the use and possession of small amounts of recreational marijuana legal for adults. There are still many facets of the law that will need to be studied and state and local municipalities will have to determine how to define, regulate and implement the law in their communities in the next few years. Here is where you can get a license.

Illinois

Adults over 21 years old can buy and use cannabis recreationally. It is illegal to grow cannabis recreationally currently, but medical patients can have up to five plants at a time. The penalty for growing recreational cannabis is $200.
Illinois already had 20 licensed growers for medical marijuana when recreational use became legal in 2020, and they were the only facilities licensed for growing marijuana at the time the law was passed. However “craft growers” can apply for a license to grow cannabis for a space of up to 5,000 square feet.
You can apply for a license to be a craft grower to sell cannabis commercially.

Maine

In Maine, you can grow up to six mature, flowering plants recreationally, and you can have up to 2.5 ounces of cannabis in your possession. Any patient can use medical cannabis with a recommendation from their doctor, and they can grow their own plants, but they can only have three or less. To grow commercially in Maine, you can have up to 30 mature plants, but there is no limit to the amount of immature and seed plants grown. An indoor facility cannot be larger than 500 square feet. Maine is not currently accepting licensing applications for commercial growers. First steps to get your license can be found here.

Massachusetts

Households in Massachusetts are allowed to grow six plants for recreational use, or up to 12 if there are multiple adults in the house. The plants cannot be visible from the street. You can store up to 10 ounces of dry cannabis in a home, but if there is more than one ounce, it has to be in a locked location.
To grow commercially, you must submit an application to the Cannabis Control Commission.

Michigan

Adults at least 20 years old can grow up to 12 marijuana plants recreationally in their homes. The plants cannot be visible from a public place, and they have to be in an area equipped with locks and security to restrict access. It is one of the least strict states for recreational cultivation.
The Michigan Department of Licensing and Regulatory Affairs can issue growing licenses, for commercial use in three tiers based on the number of plants you will use.
You can apply online to grow recreational cannabis commercially.

Montana

The Montana law allows for people over the age of 21 to purchase up to one ounce of marijuana with a 20% state sales tax added to the purchase. Other localities may have an additional tax. Marijuana businesses will only be allowed to open from 9am to 8pm Montanans will be allowed to have two mature plants and two seedlings in their home. Public consumption of marijuana can get you a civil penalty, and driving under the influence of marijuana will still be illegal. License info can be found here.

Nevada

In Nevada, you can only grow cannabis for recreational use if you live 25 miles or more away from a dispensary. Adults can grow six plants, or 12 if there are multiple adults in the home.
The Department of Taxation in Nevada is responsible for the licensing commercial cannabis, as well as the state’s medical program. They are not currently accepting any applications.

New Jersey

New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (CREAMM) Act allows for the legal sale and use of cannabis and cannabis products for residents 21 years and older. The newly adopted NJ-CRC rules establish the recreational cannabis industry in the state. Apply for your license here.

New Mexico

Adults aged 21 and older are legally allowed to purchase and possess up to 2 ounces of cannabis and/or up to 16 grams of cannabis extract from licensed establishments in New Mexico. The law also permits 800mg of edible cannabis and allows adults to grow up to six immature plants for their own use at home for a total household limit of 12 plants. Start your license application here.

New York

The Marijuana Regulation and Taxation Act (MRTA) legalizes cannabis for adults 21 years of age or older. This law sets out a framework that will comprehensively regulate cannabis in New York State in a manner that will protect public health and safety, while promoting social equity and economic development.  The Office of Cannabis Management (OCM) will license cultivators, processors, distributors and dispensaries to grow and sell cannabis in New York.

Oregon

In Oregon, you can grow up to four plants at home for recreational use, so long as you are 21 or older.
A caregiver for medical cannabis can have up to eight patients and grow up to six mature plants per patient.
The Oregon Liquor Control Commission is in charge of licensing for commercial growers, but as of September 1, they will not be processing new applications for commercial growers.

Virginia

As of July 1st 2021, adults 21 years and older may possess not more than one ounce of cannabis for personal use. Generally, adults 21 years and older may use marijuana in private residences. However, nothing prohibits the owner of a private residence from restricting the use of marijuana on its premises. Adults 21 and over may grow up to four plants per household (not per person), according to specified requirements. Here are details for getting a license.

Washington

Washington State is the first state to legalize recreational cannabis, but unlike other states, you cannot grow cannabis for recreational use. To grow for a medical patient, you have to be entered in the state’s voluntary patient database, which will allow you to grow a maximum of six plants and have eight ounces of dried cannabis.
You can grow commercially in Washington, by obtaining a license from the Liquor and Cannabis Board.

Washington D.C.

It is legal to grow up to six cannabis plants for recreational use in D.C. or up to 12 if there are multiple adults. What is grown for recreational use cannot be sold for a profit. You can choose to give someone a “gift” of cannabis, as long as there is something else in the gift, though this is not endorsed by officials.
Licenses to grow cannabis commercially can be obtained through the Department of Health.

There are currently only two states that have legalized recreational cannabis but have not begun selling it yet.

Hawaii
You can grow up to six plants recreationally, or up to 10 if you are growing medically. It is not yet available for retail sales. Medical growers must be registered through the state.

Vermont
Vermont is an interesting case. Recreational use of cannabis was legalized in January 2018, but the retail sale of the drug is still illegal in the state. The state legislature is working on bills to create a legal retail system. In the meantime, you can grow a maximum of six plants for recreational use, but only two can be mature at any time. A committee was assembled in March to work out the regulations, and it is anticipated that people can begin selling recreational cannabis in October 2022.

Currently, there are 25 states that have legalized medical cannabis, but it is still illegal for recreational use.

Alabama

Medical marijuana is legal in Alabama. Here are the requirements: You must be 19 years of age or older, or have a qualified, registered caregiver. A physician must have diagnosed you with one of the qualifying conditions. You must apply and be accepted for an Alabama Marijuana Card.

Arkansas

Medical cannabis can be purchased through a dispensary only. A license to grow for a dispensary can be obtained through the Arkansas Medical Marijuana Commission.

Delaware
It can only be obtained through a dispensary. Currently, there are no applications being accepted.

Florida
It can only be obtained through a dispensary. A Florida Marijuana Growing License to grow for a dispensary is available online.

Georgia

To obtain medical marijuana in Georgia, you must apply for Low THC Registry card. To get this card, the physician who is treating the patient submits the two forms, waiver form (patient and physician sign) and physician certification form.

Indiana

You will need an Indiana medical marijuana card to legally purchase medical marijuana from one of the dispensaries.

Iowa

All adult patients age 18 and over must complete a patient registration application.

Kentucky

The Kentucky House has just passed a new medical marijuana bill in 2022, and it now heads to the senate for final approval. It appears that legalization for medical cannabis is inevitable in the near future for Kentucky patients.

Louisiana
It can only be obtained through a dispensary. Only Louisiana State University and Southern University departments can grow medical cannabis for dispensaries.

Maryland
It can only be obtained through a dispensary. A license to grow for dispensaries is available through the Maryland Medical Cannabis Commission.

Minnesota
It is available for purchase at one of eight cannabis patient centers in the state. A permit to grow for dispensaries is available online.

Mississippi

The Mississippi Medical Cannabis Act requires that cultivation of marijuana occur indoors in secure facilities, and that these facilities must be located in Mississippi if they provide products available to those with patient identification cards.

Missouri
Patients and caregivers can pay a fee to grow up to six plants at a time. This is regulated through the Missouri Department of Health & Senior Services.

New Hampshire
Patients and caregivers can grow up to three mature plants, three immature plants, and 12 seedlings. You can also purchase through a dispensary; a license to grow for a dispensary is available through the New Hampshire Department of Health and Human Services.

North Dakota
It can only be purchased through a dispensary. A permit to grow for a dispensary can be found at the North Dakota Department of Health.

Ohio
It can only be purchased through a dispensary. A permit to grow for a dispensary can be found at the Ohio Marijuana Control Program, which regulates all medical cannabis in the state.

Oklahoma
It can only be purchased through a dispensary. A permit to grow for a dispensary can be found at the Oklahoma Medical Marijuana Authority.

Pennsylvania
It can only be purchased through a dispensary. A permit to grow for a dispensary can be found at the Department of Health.

Rhode Island
A patient or caregiver can grow up to 12 plants and 12 seedings and must be grown indoors.

South Dakota

Tennessee

In May of 2021 the governor of Tennessee signed HB0490, a bill that created a commission to study medical marijuana, expanded the list of qualifying conditions for medical marijuana, and created a new law that allows qualifying patients to possess cannabis oil that contains no more than 0.9 percent THC.

Texas

Eligible Texans have access to medical marijuana through the State’s compassionate use program (CUP) administered by the Texas Department of Public Safety (DPS).

Utah
When it is officially released, it will only be available through dispensaries. The state only issued eight licenses for their medical cannabis program, and they are not currently accepting new applications.

West Virginia
It can only be purchased through a dispensary. A permit to grow for a dispensary can be found at the Office of Medical Cannabis.

Wisconsin

Patients must be 21 years of age or older, have a current diagnosis of a medical condition, have an official written certification from a doctor, and be a Wisconsin resident with proof of residency (valid Wisconsin driver’s license or state ID card). Look here for more info.

The commercial cannabis industry, whether you are in a state where it is legal recreationally or just medically, is still fairly new, so there is a lot of competition out there right now between growers. This is especially true in states that only offer a few business licenses, then close off applications. However, the cannabis industry can also be lucrative for commercial growers. More and more states are pushing to legalize cannabis for both medical and recreational, and as they do, more opportunities will continue to emerge.