Where is it legal to grow cannabis seeds in the USA?

Many parts of the USA now enjoy some of the friendliest marijuana cultivation laws in the world. But some states remain a no-go zone for both growers and smokers. Over the last few years there have been numerous changes - literally every few months - to US laws regarding recreational use, medical use and the right to grow your own. Read on for the full breakdown.

Disclaimer: We have tried to be as accurate and up-to-date as we can with this article but please do check your own local laws. Note that there is conflicting online information available. One of the more reliable links to find out the precise rules in your state can be found here. One other useful site is the USA Norml organization

Are cannabis seeds legal in the USA?

In December 2022, the DEA (US Drug Enforcement Agency) formally noted that marijuana seeds, tissue culture or any other genetic material from the cannabis plant is legal so long as THC levels are below 0.3%. This effectively meant that marijuana seeds are legal to own.

This means you can buy, own and collect marijuana seeds even if your state doesn’t yet allow them to be germinated.If your state does allow you to germinate and grow marijuana seeds, you can become completely self-sufficient in your weed requirements for the modest cost of your seeds & the electricity/nutrients required to grow them. Many experienced home growers produce superior quality buds compared to that offered at high prices in dispensaries. 

Cannabis home growing allowed for medical or recreational

Cannabis home growing allowed for medical or recreationalCannabis home growing allowed for medical or recreational

Marijuana laws vary widely from state to state, so check & double-check your own local laws carefully. Note also that laws do change regularly, with several states discussing amendments to their laws in 2024.

States that allow you to grow weed for medical or recreational purposes

These are the des-res states for marijuana growers, allowing you to grow cannabis for either recreational and/or medical use. Some of these rules are very generous. In Alaska, cultivation of under 25 plants for personal use in a private residence is protected under the right to privacy of the Alaska Constitution. Always check your local rules since some states (e.g. Massachusetts) insist that plants must not be grown in a place where the public can see them.

State Medical growing Recreational growing Conditions / restrictions
Alaska Allowed Allowed Up to 25 plants
Arizona Allowed Allowed 6 plants
California Allowed Allowed 6 plants
Colorado Allowed Allowed 6 plants
Connecticut Allowed Allowed 3 mature & 3 immature plants
Maine Allowed Allowed 3 mature plants, 12 immature
Maryland Allowed Allowed 2-4 plants
Massachusetts Allowed Allowed 6 plants
Michigan Allowed Allowed 12 plants
Minnesota Allowed Allowed 8 plants
Missouri Allowed Allowed 6 plants
Montana Allowed Allowed 4 plants
Nevada Allowed Allowed 6 plants
New Mexico Allowed Allowed 16 plants, 4 mature
New York Allowed Allowed 3 mature & 3 immature plants
Ohio Allowed Allowed 6 mature plants
Oregon Allowed Allowed 6 mature plants
Rhode Island Allowed Allowed 6 plants
Vermont Allowed Allowed 2 mature plants
Virginia Allowed Allowed 4 plants

Florida, Idaho, Nebraska and South Dakota currently have campaigns aiming to put a vote on marijuana legalization in the November 2024 election. Wisconsin also has a reasonable chance of securing medical use in 2024 and several other states are at various stages of advancing their own legislation.

With so many states with (or near) some kind of marijuana legality, pressure is slowly mounting on the Federal Government to consider some type of move to change their position. Realistically, this may take a few more years.

States that allow you to grow weed indoor only for medical use

Medical users can grow their own weed in the following states. Recreational users still have to wait for their chance to grow…or try to secure a medical license.

State Medical growing Recreational growing Conditions / restrictions
Hawaii Allowed Prohibited 7 plants. Decriminalized (but still illegal) for under 3g of recreational weed. Medical users can have up to 4oz
Illinois Allowed Prohibited 5 plants
Oklahoma Allowed Prohibited 6 mature plants
South Dakota Allowed Prohibited up to 4 plants, 2 mature
Washington Allowed Prohibited up to 6 plants

Medical cannabis approved but no home growing allowed

Medical cannabis approved but no home growing allowedMedical cannabis approved but no home growing allowed

States that allow medical cannabis but prohibits home growing

The following states do allow you to use cannabis with a medical license, but without the possibility to grow your own. Many of these states are actively pursuing amendments to their rules which would allow home growing. But for now, germinating your own marijuana seeds remains illegal. 

State Homegrowing Conditions / restrictions
Alabama Illegal Up to 70 daily doses
Arkansas Illegal Legal to possess up to 2.5 oz (71 g) for 14 days
Delaware Illegal 6oz
Florida Illegal Legal to have up to three 70-day, or six 35-day "supply stash”. One 35-day supply is limited to 2.5 oz
Iowa Illegal 4.5g of THC in 90 days
Louisiana Illegal 30-day supply
New Hampshire Illegal 2oz
New Jersey Illegal 3oz every 30 days
North Dakota Illegal 3oz
Pennsylvania Illegal 90-day supply
West Virginia Illegal Unclear

States with no medical / recreational and no home growing allowed

Some of the other states that don’t neatly fit into the tables above are listed below. 

State Legal status of cannabis
Georgia No medical/recreational use or growing
Idaho No medical/recreational use or growing
Wyoming No medical/recreational use or growing
Kansas No medical/recreational use or growing
Kentucky Illegal; to grow or use recreationally but medical users allowed 1 month supply.
Indiana No medical/recreational use or growing.
Mississippi Recreational marijuana is still illegal but decriminalized. Medical users can have up to 3z per month, no cultivation.
Nebraska Marijuana is illegal. Your first possession offence is, however, decriminalized.
North Carolina Cannabis is illegal but decriminalized for possession of less than 1.5oz. No cultivation.
South Carolina Cannabis is illegal, recreational use regarded as a misdemeanor.
Tennessee Marijuana is illegal. Possession of under 0.5oz treated as misdemeanor for 1st and 2nd offences.
Texas Illegal. But possession tolerated in Austin, with a ‘cite and release’ policy in some other cities.
Wisconsin Cannabis and its cultivation are illegal.

Get your original Dutch Passion cannabis seeds now!

Buy Dutch Passion cannabis seeds in the USABuy Dutch Passion cannabis seeds in the USA

For the first time since Dutch Passion was created in the 1980’s, the team have a USA warehouse in Illinois. You can now order original Dutch Passion marijuana seeds and have them delivered to you via local mail!

Choose from our full cannabis cup winning collection of autoflower seeds & feminized seeds. Most orders are shipped via USPS postal service, except for a small number which ship via UPS. Your order should arrive within 2-5 business days of you receiving your tracking number.

Those lucky enough to be able to grow their own marijuana seeds will be able to become completely self-sufficient from their indoor/outdoor cultivation for a fraction of the cost of buying at a dispensary. Your only outlay will be the seeds, nutrients and electricity (if growing indoors). Even rookie indoor growers will be able to match/exceed the bud quality at the local dispensary if they use a stable grow climate, good quality LED light and some premium cannabis seeds.

If you haven’t grown indoors before, our guide offers some useful tips and recommendations to make the process as easy as possible. Note that marijuana seeds can’t be sent to any of the following territories:

  • Puerto Rico
  • Guam
  • US Virgin Islands
  • Northern Mariana Islands
  • American Samoa
  • Midway Atoll
  • Palmyra Atoll
  • Baker Island
  • Howland Island
  • Jarvis Island
  • Johnston Atoll
  • Kingman Reef
  • Wake Island
  • Navassa Island

Check out the archives of Dutch Passion grow reviews to help you select the right strains for you. The collection of in-depth grow guides written by experienced pros covering all aspects of marijuana cultivation is also of interest to serious growers seeking expert tips.

Good luck with your grow! Remember you can contact us and meet our experienced customer service team. With decades of experience you can expect expert, old-school staff who can advise on all aspect of strain selection and troubleshooting.