New York Marijuana Laws

State regulators are expected to finalize rules next month permitting adults to home-cultivate personal use quantities of cannabis.

As proposed, the regulations will allow an adult to grow up to six plants (no more than three mature) in a private residence and to harvest up to five pounds of cannabis flower. Households with multiple adults will be permitted to grow a total of six mature plants. Cultivators will be permitted to grow from seed or they can purchase immature plants from licensed providers.

Regulators were initially scheduled to vote on the proposed regulations on Wednesday, but they postponed the meeting to February.

New York is among the minority of adult-use legalization states that doesn’t explicitly permit adults to legally grow marijuana in their homes.

NORML has long advocated for consumers’ home-cultivation rights, stating: “Adults should have the legal option to home-cultivate their own cannabis as an alternative to purchasing it from licensed retail producers. This option is especially important for those who may not be able to consistently afford retail cannabis products, or who do not reside in close proximity to these outlets. State regulations governing the alcohol market permit adults the option to legally brew non-commercial quantities of their own alcohol, and it is consistent with this policy to similarly permit home cultivation.”

Once the regulations are approved by the Office of Cannabis Management, they will be subject to a 60-day public comment period.

State lawmakers legalized the adult-use cannabis market in March of 2021. Limited retail sales of cannabis began in December 2022.

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