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New York issues regulations for homegrown cannabis

Written By The Mountain Eagle on 2/23/24 | 2/23/24

By Jennifer Patterson

New rules that would allow anyone 21 or older to cultivate their own marijuana plants at home were adopted last week by the state Cannabis Control Board.

The proposed regulations, which are still subject to a 60-day public comment period before they go into effect, were approved nearly three years after marijuana was legalized in New York State. They also include a provision that would allow retail cannabis stores to sell starter plants to customers.

New York residents will be able to grow up to six marijuana plants for personal use. This total can consist of three mature and three immature plants (those that do not have visible flowers or buds). Households are subjected to a maximum limit of twelve plants – six mature and six immature. 

People growing pot at home can possess up to five pounds of trimmed flowers from their homegrown plants, although the legal limit for carrying marijuana is capped at three ounces. 

For individuals that make concentrate, the limit on how much they can possess will be the equivalent of what the product would represent in weight from cultivated cannabis.

Plants grown at home must be kept in a secure, non-public location inaccessible to anyone younger than 21. 

While New York legalized adult-use marijuana through the Marihuana Regulations and Taxation Act in March 2021, the implementation of the legislation for the creation of the legal market was subjected to several challenges and delays, including confusion about homegrown cannabis.

The law led many people to believe that they could grow their own marijuana without a license or medical prescription, which was not the case. 

For now, only people with medical marijuana prescriptions are allowed to legally grow at home, after receiving that authorization in October 2022. But that will change after the 60-day public comment period expires. 

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