On January 17, 2024, the Cannabis Control Board of the state will deliberate over regulations permitting citizens to cultivate cannabis inside.
The board will consider rules allowing residents of New York who are at least 21 years old to grow up to six mature plants (i.e., plants with buds) and six immature plants per home. After trimming those plants, home growers would be allowed to retain up to 5 pounds of flower—much more than the 3 ounces that would ordinarily be lawful to have. Though it’s against the law to sell cannabis in New York without a license, giving it as a gift is acceptable.
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A first peek at the draft regulations from the state’s Office of Cannabis Management indicates that residents of New York will be allowed to acquire seeds online or buy plants from authorized dispensaries.
The state legislation enabling marijuana for adult use in 2021 contains a clause allowing residents of New York to cultivate cannabis at home. However, it wasn’t supposed to go into force until OCM released more thorough regulations.
In October 2022, the state passed laws that expedited the process of permitting people receiving medicinal cannabis to cultivate their own plants.
State regulations include the potential for home-grow activities to exacerbate neighborly conflicts. Growers will also have to make an effort to lessen the weed’s odor if it starts to bother other neighbors, according to the regulations that the board will soon decide.
However, the new regulations won’t provide everyone with equal access to home gardening. Since marijuana is still illegal at the federal level and those buildings are federally sponsored, it will still be unlawful for inhabitants of NYCHA to produce cannabis. When Mayor Eric Adams announced in 2022 that his administration would investigate the possibility of constructing cannabis gardens on public housing roofs, he ran into that roadblock.
Additionally, odor mitigation measures might be implemented by co-ops and private landlords, essentially restricting the amount of marijuana that people can cultivate at home.
The state is attempting to develop its legal economy and persuade New Yorkers to visit the few regulated dispensaries that have opened thus far rather than the countless unlicensed stores, which is why the regulations permitting home growing were implemented.
Due to red tape and legal obstacles, licensed dispensaries have taken longer to launch than Gov. Kathy Hochul had originally anticipated. State-approved growers have faced difficulties as a result, finding it difficult to recover their expenses.
However, the sector could soon gain traction. At the next meeting, state authorities are also anticipated to approve a fresh round of cannabis company licenses, which would be the first licenses granted outside of an initial social justice scheme.
The proposed home-grow restrictions will be subject to public comment for 60 days following the Cannabis Control Board’s approval before being finalized.
