Qualified patients and primary caregivers do not need a state license to grow cannabis for personal medical use within legal limits. Growing to sell requires a Department of Cannabis Control license and local approval.
People searching for a California cannabis cultivation license usually fall into one of two groups: patients or caregivers who want to grow their own medicine at home, and businesses that want to grow cannabis for sale. The rules are very different. A medical recommendation does not make you a licensed cultivator, and no state license is needed for a small personal medical grow. This page explains personal and medical grow limits, how caregivers fit in, what local governments can restrict, and the basics of commercial cultivation licenses issued by the Department of Cannabis Control (DCC). It is general information, not legal advice for your property or situation.
Under Business and Professions Code section 26033, a qualified patient who grows, stores, makes, or transports cannabis exclusively for their own personal medical use, and does not give, sell, or distribute it to anyone else, is not engaged in commercial cannabis activity and is exempt from state licensing.
State medical guidelines in Health and Safety Code section 11362.77 allow a qualified patient or primary caregiver to keep up to 6 mature or 12 immature cannabis plants per qualified patient, along with up to 8 ounces of dried cannabis per patient. If a physician recommends more because those amounts do not meet the patient's medical needs, the patient may keep an amount consistent with those needs. Cities and counties may also adopt guidelines above the state amounts.
Up to 6 mature or 12 immature plants per qualified patient under state guidelines.
Up to 8 ounces per patient, counting only dried, mature, processed female flowers or their equivalent.
Allowed only when consistent with a physician's recommendation for the patient's medical needs, or under more generous local guidelines.
A primary caregiver may cultivate for up to five qualified patients without a state license under Business and Professions Code section 26033, as long as the cannabis is only for those patients' personal medical use and the caregiver receives no compensation beyond what Health and Safety Code section 11362.765 allows, such as reasonable reimbursement for actual expenses and services. A caregiver who goes beyond those terms, including selling for profit or serving more patients, needs a commercial license.
If you are caring for a minor, a parent or legal guardian acting as primary caregiver handles cannabis for the child. Our caregiver page at /caregiver/ covers who can serve as a caregiver and how to register.
Adults 21 and older may grow up to six living plants at one time per private residence under Health and Safety Code sections 11362.1 and 11362.2, regardless of how many adults live there or whether anyone has a medical recommendation.
Plants must be in a locked space on the grounds of the residence and not visible by normal unaided vision from a public place. Cannabis produced beyond 28.5 grams must also stay at the residence in a locked space.
Local governments have significant control over home cultivation. For adult-use grows, a city or county may ban outdoor cultivation completely, and may reasonably regulate indoor cultivation, but cannot completely prohibit cultivation inside a private residence or inside a fully enclosed and secure accessory structure on the property.
Local governments can also regulate medical cultivation, and some require permits, registration, setbacks, or indoor-only grows. Landlords and homeowner associations may prohibit growing on their property.
Anyone who grows cannabis to sell, or who does not meet the personal and caregiver exemptions, needs a state cultivation license from the Department of Cannabis Control, plus a permit or authorization from the local jurisdiction where the grow is located. The DCC will not issue a license that violates a local ordinance, and many cities and counties do not allow commercial cultivation at all. Licensed growers must also meet environmental, water, track-and-trace, security, and testing requirements.
DCC classifies cultivation licenses by lighting type (outdoor, indoor, and mixed-light greenhouse operations) and by canopy size, meaning the area where mature, flowering plants grow.
A physician recommendation or MMIC protects personal medical cultivation within legal limits. It does not authorize selling cannabis, and it does not replace a DCC license or local permit.
Last reviewed: October 13, 2026. This page is general information, not legal or medical advice.
No state license is needed if you are a qualified patient growing only for your own medical use and you do not sell or give it away. Local permits or rules may still apply.
State guidelines allow up to 6 mature or 12 immature plants per qualified patient. A physician can recommend more if needed, and some localities allow more, but local governments can also regulate medical grows.
Up to five qualified patients without a state license, as long as the cannabis is only for those patients' medical use and the caregiver is not paid beyond what state law allows.
Cities and counties can ban outdoor adult-use grows and regulate indoor grows, but cannot completely ban adult-use cultivation inside a private residence or a secure, enclosed accessory structure. They can also regulate medical cultivation. Check your local ordinance.
A cultivation license from the Department of Cannabis Control, chosen by lighting type and canopy size, plus local authorization from the city or county where you grow.
No. Selling without a DCC license and local permit is illegal, and it removes the personal-use exemption from licensing.
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