2023 New York Laws › PEN - Penal › Part 3 - Specific Offenses › Title M - Offenses Against Public Health and Morals › Article 222 - Cannabis › 222.15 - Personal Cultivation and Home Possession of Cannabis.

§ 222.15 Personal cultivation and home possession of cannabis.
1.  Except  as  provided for in section forty-one of the cannabis law,
and unless otherwise authorized by law or regulation, no person may:
(a) plant, cultivate, harvest, dry, process or possess more than three
mature cannabis plants and three immature cannabis  plants  at  any  one
time; or
(b)  plant, cultivate, harvest, dry, process or possess, within his or
her private  residence,  or  on  the  grounds  of  his  or  her  private
residence,  more  than  three  mature cannabis plants and three immature
cannabis plants at any one time; or
(c) being under the age of twenty-one, plant, cultivate, harvest, dry,
process or possess cannabis plants.
2. No more than six mature and six immature  cannabis  plants  may  be
cultivated, harvested, dried, or possessed within any private residence,
or on the grounds of a person's private residence.
3.  The  personal  cultivation  of  cannabis  shall  only be permitted
within, or on the grounds of, a person's private residence.
4. Any mature or immature cannabis plant described in paragraph (a) or
(b) of subdivision one of this section, and any cannabis produced by any
such cannabis plant or plants cultivated, harvested, dried, processed or
possessed pursuant to paragraph (a) or (b) of subdivision  one  of  this
section  shall,  unless  otherwise  authorized  by law or regulation, be
stored within such person's private residence or on the grounds of  such
person's  private  residence.  Such  person  shall take reasonable steps
designed to ensure that such cultivated cannabis is in a  secured  place
and not accessible to any person under the age of twenty-one.
5.  Notwithstanding  any  law  to  the contrary, a person may lawfully
possess up to five pounds of cannabis in their private residence  or  on
the  grounds  of such person's private residence. Such person shall take
reasonable steps designed to ensure that such cannabis is in  a  secured
place not accessible to any person under the age of twenty-one.
6.  A  county, town, city or village may enact and enforce regulations
to reasonably regulate the actions and conduct set forth in  subdivision
one of this section; provided that:
(a)  a violation of any such a regulation, as approved by such county,
town, city or village enacting the regulation, may  constitute  no  more
than an infraction and may be punishable by no more than a discretionary
civil penalty of two hundred dollars or less; and
(b)  no  county,  town,  city or village may enact or enforce any such
regulation or regulations that may completely or essentially prohibit  a
person  from engaging in the action or conduct authorized by subdivision
one of this section.
A violation of this section, other than paragraph (a)  of  subdivision
six  of  this  section,  may  be subject to a civil penalty of up to one
hundred twenty-five dollars per violation.
7. The office of cannabis management shall issue regulations  for  the
home  cultivation  of  cannabis. The office of cannabis management shall
enact, and may enforce, regulations to regulate the actions and  conduct
set  forth  in  this section including requirements for, or restrictions
and prohibitions on, the use of any compressed  flammable  gas  solvents
such  as propane, butane, or other hexane gases for cannabis processing;
or other  forms  of  home  cultivation,  manufacturing,  or  cannabinoid
production and processing, which the office determines poses a danger to
public  safety;  and  to  ensure the home cultivation of cannabis is for
personal use by an adult over the age of  twenty-one  in  possession  of
cannabis  plants,  and not utilized for unlicensed commercial or illicit
activity, provided any  regulations  issued  by  the  office  shall  not

completely  or essentially prohibit a person from engaging in the action
or conduct authorized by this section.
8.  The office of cannabis management may issue guidance or advisories
for the education and promotion of safe  practices  for  activities  and
conduct authorized in subdivision one of this section.
9. Subdivisions one through five of this section shall not take effect
until  such  a  time  as  the  office  of cannabis management has issued
regulations governing the home cultivation of cannabis. The office shall
issue rules and regulations governing the home cultivation  of  cannabis
by  certified  patients as defined in section three of the cannabis law,
no later than six months after the effective date of  this  article  and
shall  issue  rules  and  regulations  governing the home cultivation of
cannabis for cannabis consumers as  defined  by  section  three  of  the
cannabis   law  no  later  than  eighteen  months  following  the  first
authorized retail sale of adult-use  cannabis  products  to  a  cannabis
consumer.