New York Green Lights the Personal Cultivation of Medical Cannabis

October 5, 2022

By: Dustin M. Dorsino , Jeffrey B. Scheer, Charles D. Grieco, and Allison R. Contrera

As we previously wrote, on June 8, 2022, the New York Office of Cannabis Management (OCM) proposed regulations governing the personal cultivation of medical cannabis (the Regulations) by certified medical cannabis patients or their designated caregivers (collectively, Authorized Individuals). Beginning Oct. 5, 2022, Authorized Individuals over the age of 21 who are registered with the OCM can legally grow cannabis at their private residences following the Cannabis Control Board's (CCB) adoption of the Regulations.

Although Authorized Individuals may now legally grow cannabis at their homes, the Regulations restrict the extent to which Authorized Individuals may do so, including but not limited to the:

  • Number of Plants: certified patients may only grow up to three immature and three mature cannabis plants at a time, and no more than six immature and six mature cannabis plants may be grown at a single private residence.
  • Weight of Cannabis: Authorized Individuals may only possess up to 5 lbs. of cannabis in their private residences.
  • Sale and/or Transfer of Cannabis: Authorized Individuals may not sell or offer for sale any cannabis or cannabis plants to anyone, but may transfer (without compensation) to other Authorized Individuals up to 3 ounces of cannabis and up to 24 grams of concentrated cannabis.

The OCM also released the following helpful resources for those interested in cultivating their own medical cannabis:

Bond's cannabis attorneys continue to closely monitor developments to the rules and regulations surrounding New York's cannabis industry. For questions about the information provided above or about the cannabis industry in general, please contact Dustin M. Dorsino, Jeffrey B. Scheer, Charles D. Grieco, Allison R. Contrera or the Bond attorney with which you are regularly in contact.