New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 115 - Personal Home Cultivation › Section 115.4 - Sale of Cannabis for Personal Home Cultivation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person or entity shall sell, which
				  shall have the same meaning as the definition of "sale" pursuant to subdivision
				  (j) of section 492  of the Tax Law, medical or adult-use cannabis clones,
				  seedlings, immature cannabis plants, cloned propagation material, or tissue
				  culture, to consumers for personal home cultivation unless it has complied with
				  the Cannabis Law, this Part, any other applicable federal law, rules or
				  regulation, which shall not be construed as to include any such federal law,
				  rules or regulation that is contrary to or otherwise conflicts with this Part
				  or the Cannabis Law, or any state rules, regulations, and laws, and is a
				  registered organization registered in accordance with article 3 of the Cannabis
				  Law, or an adult-use retail dispensary, microbusiness, or ROD licensed in
				  accordance with article 4 of the Cannabis Law, that maintains an active Nursery
				  Dealer Certificate of Registration from the New York State Department of
				  Agriculture and Markets Division of Plant Industry. A ROND, licensed in
				  accordance with article 4 of Cannabis Law, is authorized to sell cannabis
				  clones, seedlings, immature cannabis plants, cloned propagation material, or
				  tissue culture, to consumers for personal home cultivation for medical use
				  purposes and will require an active Nursery Dealer Certificate of Registration
				  from the New York State Department of Agriculture and Markets Division of Plant
				  Industry if and only if the ROND is selling cannabis clones, seedlings,
				  immature cannabis plants, cloned propagation material, or tissue culture for
				  personal home cultivation for medical use that were cultivated by another
				  authorized licensed entity.
(b)
				  Prior to selling medical or adult-use cannabis for personal home cultivation,
				  registered organizations or adult-use retail dispensary, microbusiness, ROND,
				  and ROD licensees shall update standard operating procedures to include
				  activities related to personal home cultivation and furnish the standard
				  operating procedures to the office upon request.
(c) Packaging and Labeling requirements.
				  Notwithstanding any other law or regulation, each cannabis clone, seedling,
				  immature cannabis plant, cloned propagation material, tissue culture, or
				  package of seeds for sale shall be labeled with an unobstructed and conspicuous
				  label prior to being transported to the licensee authorized herein to sell to
				  persons for personal home cultivation or delivered to the cannabis certified
				  patient or consumer as follows:
(1) Labeling
				  shall include the following information:
(i)
				  strain name in bold type;
(ii)
				  product type (e.g., cannabis seeds, cannabis plant);
(iii) potential potency, as confirmed by
				  testing of the parent cannabis plant (THC:CBD levels);
(iv) date of harvest;
(v) unique identification number
				  (UID);
(vi) name of the entity,
				  licensed or registered with the office, that cultivated the cannabis;
(vii) name of the entity, licensed or
				  registered with the office, that sold the cannabis, if different from
				  nursery;
(viii) for seeds, labeling
				  that is consistent with the requirements of subdivisions A and C of section 137 
				  of the Agriculture and Markets Law;
(ix) a warning to "keep out of reach of
				  children"; and
(x) any other
				  information as determined by the office.