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New York Prepares Regulations for Home Cultivation of Marijuana

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New York is gearing up to introduce regulations allowing residents to legally grow adult-use marijuana at home, as outlined in the 2021 legalization legislation. The eagerly awaited vote to initiate the process of overseeing home cultivation was initially set for this week. However, the Cannabis Control Board has decided to postpone the proceedings, with a rescheduled date likely to be confirmed at February's meeting.

Despite the delay, a sneak peek of the proposed regulations has been unveiled by New York regulators. These guidelines, tailored for adults cultivating marijuana at home, will undergo formal evaluation by the state's regulatory authorities upon approval.

According to the proposed regulations, individuals aged 21 and above in New York will be permitted to cultivate up to six marijuana plants for personal use. This allowance includes three mature and three immature plants. However, households will be subject to a maximum limit of twelve plants, comprising six mature and six immature plants. Importantly, individuals are restricted to growing marijuana in a single location and are not authorized to have plants in multiple places.

Those engaged in home cultivation can possess up to five pounds of trimmed flowers from their homegrown plants. It's worth noting that the legal limit for carrying marijuana is capped at three ounces.

The proposed regulations specify that plants grown at home must be kept in a secure, non-public location inaccessible to individuals under 21. While landlords cannot prohibit marijuana cultivation, they are entitled to enforce odor mitigation policies in their buildings.

However, the privilege of growing marijuana at home will not extend to residents of federal property or federally subsidized housing due to marijuana's federal illegality.

Although the sale of homegrown marijuana is prohibited, individuals may have the option to share or gift it. If the Cannabis Control Board gives the green light to the proposed regulations, there will be a 60-day window for public commentary before the regulations are officially finalized.

These regulations come more than a year after the legalization of adult-use marijuana in New York through the Marihuana Regulation and Taxation Act in March 2021. The implementation of the legislation for the establishment of the legal market faced various challenges and delays, finally seeing adult-use retail marijuana sales commence in late December 2022, when Housing Works Cannabis Co became the first dispensary in the state to sell adult-use marijuana.

This story was originally covered by Forbes.

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