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The Case for Allowing Medical Cannabis Home Cultivation
Medical cannabis laws should allow patients (or their designated caregivers) to securely grow a modest number of plants in addition to the option of buying cannabis from dispensaries. Home cultivation is an important option for patients who cannot afford cannabis from dispensaries and for patients who need precise strains that may not be consistently available at dispensaries.
Medical cannabis is vital to the wellbeing of millions of patients with serious medical conditions, and it is safer than many prescriptions. Both studies and the real-world experience of patients have shown that cannabis can help numerous medical conditions, including chronic pain, seizures, spasms, and nausea.[1] While cannabis has not been shown to cause fatal overdoses,[2] prescription opiates have caused tens of thousands of deaths.[3] Numerous surveys and studies have found that cannabis can reduce or eliminate patients’ need for opiates.[4]
Medical cannabis is not covered by insurance, and many people with serious illnesses cannot afford the cost. A survey by Americans for Safe Access found the average cost per month ranged from $50 to $1,500.[5] The survey also found that more than 88.5% of respondents reported their medicine was not affordable and 25% go without treatment because they cannot afford medical cannabis in their states.[6]
Without home cultivation, patients who cannot afford medical cannabis are forced to needlessly suffer, use more dangerous medications, such as prescription opioids, or go to the streets to obtain cannabis.
Illicit cannabis is far more dangerous than lab-tested medical cannabis. It can have pesticides and additives that are not safe for human consumption[7] — and patients have been mugged and assaulted buying cannabis on the streets. But, for many patients, purchasing cannabis on the streets is preferable to needlessly suffering or using more risky prescription medications.
Twenty-five states either allow medical cannabis home cultivation, adult-use home cultivation, or both.[8] MPP is not aware of any significant security or diversion problems related to small-scale, secure home cultivation.
| State | Medical Home Cultivation Plant Limit | Adult-Use Home Cultivation Plant Limit |
|---|---|---|
| Alaska | Six plants, with up to three mature and flowering | Six plants, with up to three mature, flowering plants |
| Arizona | Only for patients living over 25 miles from dispensaries: 12 plants* | Six plants |
| California | At least six mature plants or 12 immature plants | Up to six plants |
| Colorado | Six plants, with up to three being mature, flowering plants | Six plants, with up to three being mature, flowering plants |
| Connecticut | Three mature and three immature plants | Three mature and three immature plants in their homes |
| Hawaii | 10 plants | N/A, no adult-use law |
| Illinois | Five plants | N/A, no adult-use home cultivation |
| Maine | Six mature plants, 12 immature plants, unlimited seedlings | Three flowering plants, 12 immature plants, and unlimited seedlings |
| Maryland | N/A, the medical cannabis law doesn't include homegrow | Two plants |
| Mass. | 12 flowering and 12 vegetative plants | Six plants |
| Michigan | 12 plants | 12 plants |
| Minnesota | N/A, the medical cannabis law doesn't include homegrow | Eight plants (four flowering) |
| Missouri | Six plants | Six mature plants |
| Montana | Four mature plants, four seedlings | Two mature plants and two seedlings |
| Nevada | For those living at least 25 miles from a dispensary or those growing a strain that isn’t provided at their nearby dispensary, 12 plants | Only for those living at least 25 miles from a dispensary, six plants |
| New Mexico | Four mature plants, 12 seedlings | ISix mature and six immature plants |
| New York | Six plants | Three mature and three immature plants per adult |
| Oklahoma | Six mature plants and six seedlings | N/A, no adult-use law |
| Oregon | Six mature plants and 18 immature plants | SFour plants |
| Ohio | N/A, the medical cannabis law doesn't include homegrow | Six plants |
| Rhode Island | 12 plants and 12 seedlings | Three mature and three immature plants |
| South Dakota | Two mature and two immature plants | N/A, no adult-use law |
| Vermont | Two mature plants and seven immature plants | Two mature and four immature plants |
| Virginia | N/A, the medical cannabis law doesn't include homegrow | Four plants, with a tag identifying the grower |
| Washington | Four plants with an authorization, six to 15 for registered patients, depending on the practitioner's recommendation | Adult-use cannabis has been legal since 2014 but only patients can cultivate |
[1] For citations, see: https://www.mpp.org/issues/medical-marijuana/medical-marijuana-research/
[2] See Alison Mack and Janet Joy, “Marijuana As Medicine?: The Science Beyond the Controversy,” National Academies Press, p. 50 (“To our knowledge no marijuana user has ever died of such an overdose.”).
[3] National Institute on Drug Abuse, “Overdose Death Rates,” https://nida.nih.gov/drug-topics/trends-statistics/overdose-death-rates
[4] See: www.mpp.org/issues/medical-marijuana/how-access-to-medical-marijuana-helps-fight-the-opioid-epidemic/
[5] See Merritt Enright, Nigel Chiwaya and Robin Muccari, “'Ridiculous' price of medical marijuana leaves patients scrambling,” NBCNews.com, July 17, 2021.
[6] Americans for Safe Access, “2019 State of the States,” p. 165.
[7] Conor Ferguson, Cynthia McFadden, Shanshan Dong and Rich Schapiro, “Tests show bootleg marijuana vapes tainted with hydrogen cyanide,” NBC News, September 27, 2019.
[8] The 15 medical cannabis states that don’t allow home cultivation are: Alabama, Arkansas, Delaware, Florida, Kentucky, Louisiana, Mississippi, Nebraska, New Hampshire, New Jersey, North Dakota, Pennsylvania, Texas, Utah, and West Virginia.