It’s legal to grow your own cannabis in New York State but you have to follow the rules.
Here’s what you need to know.
At last! It’s finally legal to grow your own cannabis in New York State…if you’re a certified medical user. Yes, you can finally take advantage of all the benefits of growing your own cannabis, without any fear or anxiety. Which means you can grow the strain you love, for a whole lot less than what you pay at a dispensary. But, you have to the rules. Here’s what you need to know:
Who Can Home Grow Cannabis in NY?:
As of October 5, 2022 it’s legal to grow cannabis in New York State. It’s not legal for everyone. Only certified medical patients and their designated caregivers can grow cannabis in a private residence. A certified patients is a person who has received a certification from a health care provider to use MEDICAL CANNABIS to treat a health condition in New York State. Certified patients can only have 1 designated caregiver growing cannabis on their behalf.
Growing Your Own Medicine in New York:
- In order to grow in NY State, you need to be a Certified medical patient and be 21 years of age or older.
- You can plant, cultivate, harvest, dry, process or possess three mature cannabis plants and three immature cannabis plants at any one time.
- You can’t grow, cultivate, harvest, dry or possess more than six mature and six immature cannabis plants in your private residence or on the grounds of where you live.
- You’re not allowed to sell or barter any cannabis seeds, immature cannabis plants, mature cannabis plants, or cannabis, produced by a plant grown under the NYS medical cannabis regulations.
- You can give up to three ounces of cannabis and up to 24 grams of concentrated cannabis to a certified patient or a designated caregiver 21 years of age older.
- If you’re a certified medical patient or designated caregiver, you can possess up to 5 pounds of personal home cultivated cannabis in your home or on the grounds of your private residence.
- You can’t process cannabis at home by means of any liquid or gas, other than alcohol, that has a flashpoint below 100 degrees Fahrenheit.
- You have to keep your cannabis plants (immature and mature) in a secure location within or on the grounds of your private residence.
You have to take reasonable measures to ensure that your plants, and any cannabis that you’ve grown, are not readily accessible to anyone under the age of 21. Reasonable measures may include but are not limited to:
- Growing cannabis in an enclosed area, which may not be plainly visible from public view, including from the street of the private residence or on the grounds of the private residence.
- You have to lock and store your cannabis to prevent theft, loss, or access by an unauthorized person, including anyone under the age of 21. This includes, but is not limited to things like locks, gates, doors, and fences.
Growing for Somebody Else:
If you’re certified patient and you’re using a designated caregiver to grow your cannabis, then you have to identify one single site for cultivation of your medical cannabis.
If you’re a designated caregiver growing for a certified medical patient:
- You can grow up to six cannabis plants for that patient.
- A designated caregiver can grow for up to 4 certified patients at a time, but you can’t grow more than 12 cannabis plants.
- You need to keep the patient’s plants separate from any other cannabis you’re growing, so it’s clear who the plants are for.
- You’re only allowed to be reimbursed for the actual costs of goods, materials, or utilities for directly related to the cultivation of cannabis for the certified patient. You can’t be reimbursed or paid for your time, knowledge, or expertise.
- You can’t sell any cannabis from an immature or mature plant which was grown for a certified patient, even if the person no longer needs or wants the cannabis.
- You can only grow cannabis at your private residence or the certified patient’s private residence.
New York State has also approved home growing for recreational users in the future but you're not allowed to do it quite yet. You have to wait until after the State issues final regulations for home cultivation of cannabis, which will occur within 18 months of the first adult-use retail sale.