Despite Being One of the First States to Legalize Marijuana, Personal Cultivation Remains a Felony in Washington

Growing marijuana at home in the state is a Class C felony, carrying penalties of up to five years in prison and fines of up to $10,000. This restrictive stance stands in stark contrast to the majority of the 24 states that have legalized recreational marijuana. Of these states, only Illinois, Delaware, and New Jersey join Washington in prohibiting home cultivation for non-medical purposes. However, in Illinois and Delaware, the penalty for doing so is just a civil infraction. In New Jersey, personal cultivation laws are nearly as strict as Washington, punishable by 3 to 5 years in jail.

While medical marijuana patients in Washington are permitted to grow up to six plants with proper authorization, recreational users must rely exclusively on licensed marijuana retail outlets. Efforts to change this policy have been introduced in recent sessions of the Washington Legislature, but have failed to gain enough support to advance. Currently, there is no word on whether a new bill addressing home grows will be introduced this year. Proponents of home cultivation argue that it offers consumers an affordable and accessible option, particularly for those in rural areas with limited access to retail outlets. They also argue that marijuana should be treated no stricter than alcohol: state law allows personally brewing beer or making wine, for example.

Washington’s ongoing ban on personal cultivation has faced criticism from advocates who view it as inconsistent with the state’s otherwise progressive marijuana policies. As home grow allowances have become a standard feature of marijuana legalization in most states, Washington’s policies serve as a reminder of the complex and varied approaches to cannabis reform across the nation. Whether the state will revisit this policy in the near future remains uncertain.