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The number of states legalizing marijuana for medical and recreational use in the United States is growing, but it’s still a blurry area for homeowners insurance. Some homeowners insurance companies are reluctant to cover marijuana plants because the substance is still illegal at the federal level.
Does homeowners insurance cover marijuana plants?
There’s no straightforward answer to if homeowners insurance covers marijuana plants. If you grow marijuana in your home, you increase your risk of property damage. Growing marijuana plants can lead to an increased risk of home issues including mold and fire from the use of electricity and extension cords. Homeowners insurance companies are still in the process of figuring out how to handle marijuana plants.
Whether or not your homegrown medical or recreational plants are covered by insurance or not largely depends on your homeowners insurance company. Some companies will cover your marijuana plants as long as it’s legal to have them in your state and you abide by state laws including having only the allowed amount of plants. If you have more than the legal amount of plants in your home, you likely won’t be covered.
In some states and with some companies, marijuana plants are treated just like any other plant or shrub you may have at your home. If this is the case, your homeowners insurance policy likely has a limit per plant. Most policies limit coverage to $500 per plant you have at your home, but your coverage amount depends on your policy. A percentage of your homeowners insurance policy coverage can be used for loss of plants.
Other companies exclude medical and/or recreational use marijuana plants from homeowners insurance coverage, even in states where it’s legal, because it’s still an illegal substance federally. Insurance companies aren't required to cover marijuana plants. If you have marijuana illegally, you may not be covered for a home loss.
What are the marijuana plant laws by state?
Laws around marijuana and plants vary by state and are evolving quickly. Each state also has its own regulations around the marijuana tax. In some states, it’s legal for medical and recreational use while in others it may only be legal medically.
In terms of growing plants, states limit the number of plants you can have in your home as well as the amount of marijuana you can have. Additionally, you may be required to have a license or a permit to grow marijuana plants in your home. Where legal, you must be 21 years or older to grow marijuana plants and use marijuana. If you grow marijuana plants in your home, often times your plants must be kept locked up and out of sight.
It’s important that you know your state’s law around how many plants you can have in order to be covered by homeowners insurance, if your company covers marijuana plants. In the table below, you can see the states that have legalized recreational and medical marijuana and the laws around growing plants in your home in those states, as of September 2019.
| State | Marijuana plants allowed |
|---|---|
| Alaska | 6 plants per adult with 3 flowering, 12 max per household with 6 flowering |
| California | 6 plants per household |
| Colorado | 6 plants per adult with 3 flowering, 12 max per household |
| Maine | up to 3 mature plants, up to 12 immature plants and an unlimited amount of seedlings per person |
| Massachusetts | 6 plants per person, 12 max per household |
| Michigan | 12 plants max per household |
| Nevada | 6 plants per person, 12 per household if you live more than 25mi from licensed dispensary |
| Oregon | 4 plants and 10 seeds per person |
| Vermont | 6 plants per person with 2 flowering |
| Washington | Registered medical marijuana users can grow up to 6 plants for medical use (4 if unregistered), up to 15 per household, recreational growing is illegal |
In states where medical marijuana is legal but recreational marijuana is illegal, authorized medical marijuana users may be able to grow plants in their home, depending on the state and circumstances. You can check for updated marijuana laws here.
What should I do if I grow marijuana plants in my home?
If you’re growing marijuana plants legally in your home, be sure to disclose this information with your agent and homeowners insurance company. This can ensure you get the right coverage you need. If you tell your agent that you have marijuana plants, your agent can work to find a company that doesn’t exclude marijuana plants from coverage.
For marijuana dispensaries and manufacturers, there are companies that offer insurance protection solely to the cannabis industry. Companies like Cannasure and Cannarisk insure industry manufacturers and their unique needs.
Have you found that your homeowners insurance company does or does not cover your marijuana plants? Let us know in the comments section below!
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