Cannabis laws in the U.S. can vary widely, especially when it comes to growing your plants. While many states have legalized some form of marijuana cultivation, whether for medical or recreational use, others maintain strict prohibitions.
This article highlights states where growing cannabis is completely prohibited. If you’re a gardener or a plant enthusiast, knowing these laws can help you steer clear of trouble.
Alabama
In Alabama, any form of cannabis cultivation, sale, or transport—including seeds or synthetic THC—is strictly against the law. Growing cannabis is treated as drug trafficking, a serious Class A felony. The penalties are severe, with mandatory minimum sentences based on the quantity involved. Residents are not allowed to grow cannabis at home, even for personal medical use, making cultivation entirely off-limits in the state.
Georgia
Finding legal cannabis in Georgia, whether for medical or recreational purposes, remains a challenge. Under state laws, even possessing small quantities of cannabis can result in severe consequences, including potential jail sentences. Home cultivation of marijuana is entirely prohibited, with possession of any cannabis plants considered a criminal offense. Georgia aligns closely with federal guidelines, classifying marijuana as a Schedule I drug as of May 2024.
Idaho
Cannabis laws in Idaho are stringent in the United States. Marijuana is designated as a Schedule I controlled substance, making it illegal to grow, possess, or distribute any part of the cannabis plant or its derivatives containing THC. Public use or being under the influence is also prohibited. The penalties for these offenses are outlined in Sections 37-2732 and 37-2732C of the Uniform Controlled Substances Act.
Wyoming
Wyoming is known for its stringent cannabis laws, with severe penalties even for minor infractions. Being caught using marijuana can result in a misdemeanor charge, which may lead to up to six months of imprisonment and a fine of up to $750. Home cultivation is entirely prohibited, with growing or processing cannabis carrying penalties of up to six months imprisonment and a $1,000 fine. Even small possession amounts, like under 3 ounces, can result in a year-long jail term.
Kansas
Kansas has some of the most rigid cannabis laws in the U.S. As of 2024, the state still prohibits both recreational and medical marijuana use. The state follows federal law, which classifies marijuana as a controlled substance with no accepted medicinal value and a high potential for abuse. This has lead to harsh penalties for offenses related to possession, distribution, or cultivation. Kansans are not allowed to grow cannabis for personal use under any circumstances
Kentucky
Although Kentucky will legalize medical marijuana in January 2025, home cultivation remains prohibited for patients. Growing fewer than five plants is considered a Class A misdemeanor, resulting in a sentence of up to 12 months in prison and a fine of up to $500. For cultivating five or more plants, offenders face a Class D felony, which could lead to 1-5 years of imprisonment and a penalty of $10,000. A second offense escalates to a Class C felony with harsher penalties of up to 5-10 years of imprisonment.
Indiana
Indiana law, under Indiana Code 35-48-4-11, strictly prohibits the possession, cultivation, or growing of cannabis, hash oil, hashish, or salvia. The severity of criminal charges can differ depending on the specifics of the case and the individual’s prior criminal history. Offenders with a history of criminal activity may face more serious penalties, though cultivation remains illegal in all instances for personal or medical use.
Mississippi
In Mississippi, growing cannabis plants at home is illegal, even for those with medical cannabis prescriptions. The state’s medical program mandates that all cannabis products, including edibles, must be purchased through licensed dispensaries. Recreational cannabis, including edibles, is not legal in Mississippi, so home cultivation for making edibles remains prohibited under current state laws.
Nebraska
In Nebraska, growing marijuana at home is completely prohibitted, whether for medical or recreational purposes. The state has a strict ban on both possession and cultivation, leaving little room for access. Even though some neighboring states allow medical cannabis use, Nebraska sticks firmly to its rigid stance, with no exceptions for cultivation.
North Carolina
North Carolina maintains strict laws against marijuana, including its cultivation for recreational use. Despite some progress toward medical marijuana acceptance, growing or possessing cannabis is still illegal for recreational purposes. Both personal cultivation and the sale of marijuana are prohibited by state law, leaving residents with limited options for legal access.
South Carolina
While the South Carolina Senate approved the Compassionate Care Act for medical marijuana in 2024, it is crucial to note that it maintains strict penalties on marijuana possession. Smoking cannabis and home cultivation remain illegal under the legislation. Those found in possession of cannabis without a prescription could face legal consequences, as the bill only permits medical use through licensed dispensaries.
Tennessee
In Tennessee, cannabis cultivation is heavily penalized based on plant quantities. Growing fewer than ten plants is a Class E felony, while 10-19 is a Class D felony. Cultivating 20-99 plants is a Class C felony, and 100-499 plants are considered a Class B felony. Any cultivation of over 500 plants is a Class A felony. These strict penalties are meant to discourage marijuana cultivation and carry severe consequences, affecting both personal and professional aspects of one’s life.
Wisconsin
In Wisconsin, any form of marijuana cultivation is classified as a felony, with penalties escalating based on the number of plants. For up to 4 plants, offenders face up to 3.5 years of imprisonment and a penalty of $10,000. Cultivating between 4 to 20 plants can lead to 6 years in prison and the same fine. Larger quantities result in more severe sentences, with those growing over 200 plants facing imprisonment of up to 15 years and a $50,000 fine.