N.Y. PEN Law § 222.15 — New York Code / Act PEN / Part 3 / Title M / Article 222 / Section 222.15
Personal cultivation and home possession of cannabis
Status: in_force

§ 222.15 Personal cultivation and home possession of cannabis.\n  1. Except as provided for in section forty-one of the cannabis law,\nand unless otherwise authorized by law or regulation, no person may:\n  (a) plant, cultivate, harvest, dry, process or possess more than three\nmature cannabis plants and three immature cannabis plants at any one\ntime; or\n  (b) plant, cultivate, harvest, dry, process or possess, within his or\nher private residence, or on the grounds of his or her private\nresidence, more than three mature cannabis plants and three immature\ncannabis plants at any one time; or\n  (c) being under the age of twenty-one, plant, cultivate, harvest, dry,\nprocess or possess cannabis plants.\n  2. No more than six mature and six immature cannabis plants may be\ncultivated, harvested, dried, or possessed within any private residence,\nor on the grounds of a person's private residence.\n  3. The personal cultivation of cannabis shall only be permitted\nwithin, or on the grounds of, a person's private residence.\n  4. Any mature or immature cannabis plant described in paragraph (a) or\n(b) of subdivision one of this section, and any cannabis produced by any\nsuch cannabis plant or plants cultivated, harvested, dried, processed or\npossessed pursuant to paragraph (a) or (b) of subdivision one of this\nsection shall, unless otherwise authorized by law or regulation, be\nstored within such person's private residence or on the grounds of such\nperson's private residence. Such person shall take reasonable steps\ndesigned to ensure that such cultivated cannabis is in a secured place\nand not accessible to any person under the age of twenty-one.\n  5. Notwithstanding any law to the contrary, a person may lawfully\npossess up to five pounds of cannabis in their private residence or on\nthe grounds of such person's private residence. Such person shall take\nreasonable steps designed to ensure that such cannabis is in a secured\nplace not accessible to any person under the age of twenty-one.\n  6. A county, town, city or village may enact and enforce regulations\nto reasonably regulate the actions and conduct set forth in subdivision\none of this section; provided that:\n  (a) a violation of any such a regulation, as approved by such county,\ntown, city or village enacting the regulation, may constitute no more\nthan an infraction and may be punishable by no more than a discretionary\ncivil penalty of two hundred dollars or less; and\n  (b) no county, town, city or village may enact or enforce any such\nregulation or regulations that may completely or essentially prohibit a\nperson from engaging in the action or conduct authorized by subdivision\none of this section.\n  A violation of this section, other than paragraph (a) of subdivision\nsix of this section, may be subject to a civil penalty of up to one\nhundred twenty-five dollars per violation.\n  7. The office of cannabis management shall issue regulations for the\nhome cultivation of cannabis. The office of cannabis management shall\nenact, and may enforce, regulations to regulate the actions and conduct\nset forth in this section including requirements for, or restrictions\nand prohibitions on, the use of any compressed flammable gas solvents\nsuch as propane, butane, or other hexane gases for cannabis processing;\nor other forms of home cultivation, manufacturing, or cannabinoid\nproduction and processing, which the office determines poses a danger to\npublic safety; and to ensure the home cultivation of cannabis is for\npersonal use by an adult over the age of twenty-one in possession of\ncannabis plants, and not utilized for unlicensed commercial or illicit\nactivity, provided any regulations issued by the office shall not\ncompletely or essentially prohibit a person from engaging in the action\nor conduct authorized by this section.\n  8. The office of cannabis management may issue guidance or advisories\nfor the education and promotion of safe practices for activities and\nconduct authorized in subdivision one of this section.\n  9. Subdivisions one through five of this section shall not take effect\nuntil such a time as the office of cannabis management has issued\nregulations governing the home cultivation of cannabis. The office shall\nissue rules and regulations governing the home cultivation of cannabis\nby certified patients as defined in section three of the cannabis law,\nno later than six months after the effective date of this article and\nshall issue rules and regulations governing the home cultivation of\ncannabis for cannabis consumers as defined by section three of the\ncannabis law no later than eighteen months following the first\nauthorized retail sale of adult-use cannabis products to a cannabis\nconsumer.\n