N.Y. Comp. Codes R. & Regs. tit. 9 § 115.1

Current through Register Vol. 46, No. 36, September 4, 2024

Section 115.1 - Definitions

(a) For purposes of this Part, the following definitions shall apply:

(1)Board means the New York State Cannabis Control Board as defined in article 1 of the Cannabis Law.

(2)Cultivation means growing, cloning, harvesting, drying, curing, grading, and trimming of the cannabis plant.

(3)Designated caregiver means a person designated by the certified patient. A designated caregiver is 21 years of age or older for purposes of this Part.

(4)Immature cannabis plant or immature plant means a cannabis plant which does not have a flower or buds that may be observed by visual examination.

(5)Landlord means owner, lessor, assignor, or managing agent of, or other person having the right to sell, rent or lease or approve the sale, rental or lease of a housing accommodation, constructed or to be constructed, or an interest therein.

(6)Local law means a local rule or local regulation or local ordinance or action which is adopted by a county, town, city or village on matters otherwise not preempted by the Cannabis Law or prohibited by article 222 of the Penal Law.

(7)Mature cannabis plant means a cannabis plant that has observable buds or flowers.

(8)Nursery means nursery as defined in article 1 of the Cannabis Law.

(9)Office means the New York State Office of Cannabis Management.

(10)On the grounds means the external areas of the private residence where the person resides and has legal rights to use such external areas for their own purposes, including but not limited to, a backyard or any land adjacent to the private residence.

(11)Personal home cultivation means growing, cloning, harvesting, drying, curing, grading, and trimming of cannabis plants for medical use or adult-use that is subject to article 222 of the Penal Law.

(12)Private residence means any building or part of a building, or structure designed and occupied for residential purposes, including but not limited to, a private home; townhouse; condominium; co-op; apartment; or mobile home. For purposes of this Part, a hospital, hotel, motel, resort, or other similar public accommodation, shall not be considered a private residence, except as may be expressly allowed by the board.

(13)Process or processing means extracting, preparing, treating, modifying, compounding, manufacturing or otherwise manipulating cannabis for use to concentrate or extract its cannabinoids. For purposes of this Part, processing does not include growing, cultivation, cloning, harvesting, drying, curing, grinding, or trimming.

(14)Unauthorized person means any person under the age of 21 and other persons not authorized to access the private residence or grounds by the resident, owner, or tenant.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 115.1

Adopted New York State Register October 5, 2022/Volume XLIV, Issue 40, eff. 10/5/2022

Adopted New York State Register June 26, 2024/Volume XLVI, Issue 26, eff. 6/26/2024