N.Y. Comp. Codes R. & Regs. tit. 9 § 115.2

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

Section 115.2 - Personal Home Cultivation of Medical Cannabis

(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.

(j) Certified patients and those utilizing a designated caregiver shall only be authorized to use a single site for cultivation of their medical cannabis for personal home cultivation.

(k) Designated caregivers growing on behalf of a certified patient may grow up to three mature cannabis plants and three immature cannabis plants for one certified patient. A designated caregiver that is also a certified patient shall not grow more than three mature cannabis plants and three immature cannabis plants for their own use, nor any one of their individual certified patient's use. Provided however, if a designated caregiver grows for two or more certified patients, which may or may not include themselves, they shall not grow more than six mature cannabis plants and six immature cannabis plants on their own private residence at any one time. A designated caregiver may grow on behalf of, but no more than, four certified patients at a time, which shall not include themselves if they are a certified patient.

(l) In addition to the requirements in Section 115.2 of the Part, designated caregivers shall:

(1) keep any cannabis being cultivated for the designated caregiver's certified patient separate from any other cannabis being cultivated, and in a manner that can readily determine to whom such cannabis plants belong;

(2) only receive reimbursement for the actual costs of goods, materials, or utilities for which they have incurred expenses directly related to the cultivation of cannabis for the certified patient, and not receive reimbursement or compensation for their time, knowledge, or expertise;

(3) not sell any cannabis produced by any immature cannabis plant or mature cannabis plant which is or was cultivated for a certified patient, even if the certified patient no longer needs or wants such cannabis; and

(4) only cultivate cannabis at, or on the grounds of, the designated caregiver's private residence or the certified patient's private residence.

(m) In the event that odor rises to the level of nuisance, reasonable measures must be taken to ensure that there is odor mitigation to prevent a nuisance to neighboring residents. Odor mitigation on the part of the resident should take in to account the type of structure and proximity of neighbors to avoid such a nuisance.

(n) Local municipalities are prohibited from enforcing against private residents for personal home cultivation of adult-use cannabis for odor nuisance violations if they are using odor mitigation techniques approved by the office.

(o) No landlord may refuse to lease, or otherwise penalize a certified patient or designated caregiver solely for engaging in medical cannabis activity as authorized by this Part and in accordance with Cannabis Law, except:

(1) if failing to do so would cause the landlord to lose a monetary or licensing related benefit under federal law or regulations; or

(2) if a property has in place a smoke free policy, it is not required to permit the smoking of cannabis products on its premises, provided no restriction may be construed to limit the certified medical use of cannabis.

(p) Section 115.2(k) of this Part does not exempt an individual from being liable for any property damage as outlined in their lease agreement.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 115.2

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

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