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 115.2 - Personal Home Cultivation of Medical Cannabis

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certified patients twenty-one years of
				  age or older may cultivate cannabis for personal use pursuant to Section
				  115.2 of this Part.
(b) Designated caregivers twenty-one years of
				  age or older, caring for a certified patient either younger than twenty-one
				  years of age or whose physical or cognitive impairments prevent them from
				  cultivating cannabis, may cultivate cannabis for use by such patient, provided
				  that no patient may have more than one designated caregiver grow on their
				  behalf.
(c) The personal home
				  cultivation of medical cannabis may only occur in, or on the grounds of, a
				  person's private residence, where the person occupying such private residence
				  is 21 years of age or older.
(d) No
				  certified patient shall plant, cultivate, harvest, dry, process or possess more
				  than three mature cannabis plants and three immature cannabis plants at any one
				  time.
(e) 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 any private
				  residence at any one time.
(f) No
				  certified patient or designated caregiver shall sell or barter any cannabis
				  seeds, immature cannabis plants, mature cannabis plants, or cannabis, produced
				  by a plant cultivated pursuant to this Part, to any other person. This
				  subdivision does not prohibit the transfer, without compensation, to a
				  certified patient or a designated caregiver twenty-one years of age or older,
				  up to three ounces of cannabis and up to twenty-four grams of concentrated
				  cannabis.
(g) A certified patient
				  or designated caregiver may lawfully possess up to five pounds of cannabis
				  flower that has been trimmed from cannabis plants which may or may not have
				  been cultivated in their private residence or on the grounds of such person's
				  private residence, the equivalent weight of such cultivated cannabis in
				  concentrated cannabis as determined by the office, or a mixture of both
				  cannabis flower and the equivalent weight of cultivated cannabis in
				  concentrated cannabis, pursuant to subdivision 5 of section 222.15  of the Penal
				  Law.
(h) No certified patient or
				  designated caregiver shall process cannabis in a private residence by mixing
				  gas or any other flammable materials or flammable substance with gas. All
				  persons who process cannabis in a private residence or on the grounds of a
				  private residence, shall use a foreseeable degree of caution and concern for
				  the safety of humans, pets, and property that a reasonable person would
				  use.
(i) Immature cannabis plants
				  and mature cannabis plants must be stored in a secure location within a private
				  residence or on the grounds of such certified patient or designated caregiver's
				  private residence; and reasonable measures must be taken to ensure that such
				  plants, and any cannabis cultivated from such plants, is not readily accessible
				  to anyone under the age of 21. Such reasonable measures may include but are not
				  limited to:
(1) conducting cannabis
				  cultivation in an enclosed area, which may not be plainly visible from public
				  view, including from the street of the private residence or on the grounds of
				  the certified patient or designated caregiver's private residence;
				  and
(2) locking and storing
				  cannabis in a manner that prevents theft, loss, or access, which may include,
				  but are not limited to locks, gates, doors, fences, and other barriers by an
				  unauthorized person, including a person under the age of 21.