N.Y. Comp. Codes R. & Regs. tit. 9 § 115.3

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

Section 115.3 - Personal Home Cultivation of Adult-use Cannabis

(a) Persons 21 years of age or older may cultivate cannabis for personal adult-use pursuant to this section.

(b) The personal home cultivation of adult-use 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.

(c) No person shall plant, cultivate, harvest, dry, or possess more than three mature cannabis plants and three immature cannabis plants at any one time.

(d) 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.

(e) No person shall sell, which shall have the same meaning as the definition of "sale" pursuant to Tax Law section 492(j), any immature cannabis plants, mature cannabis plants, or cannabis, produced by a plant cultivated pursuant to this Part, or to any other person. This subdivision does not prohibit the transfer, without compensation, to another person 21 years of age or older, up to three ounces of cannabis and up to 24 grams of concentrated cannabis, pursuant to section 222.05 of the Penal Law.

(f) Pursuant to subdivision 5 of section 222.15 of the Penal Law, a person may lawfully possess up to five pounds, on the grounds of such person's private residence, of:

(1) cannabis flower that has been trimmed from cannabis plants which have been either cultivated in their private residence or purchased; or

(2) the equivalent weight of such cultivated cannabis in concentrated cannabis as determined by the office; or

(3) a mixture of both cannabis flower and the equivalent weight of cultivated cannabis in concentrated cannabis.

(g) No person shall process cannabis in a private residence by mixing gas or any other flammable materials or flammable substances 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.

(h) Cannabis clones, seedlings, immature cannabis plants, mature cannabis plants, cloned propagation material, tissue culture, or cannabis seeds used for personal home cultivation must be stored in a secure location within a private residence or on the grounds of such person's private residence; and reasonable measures must be taken to ensure that such plants, and any cannabis cultivated from such plants, are 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 person's residence; and

(2) locking and storing cannabis in a manner that prevents theft, loss, or access, which may include, but is not limited to locks, gates, doors, fences, and other barriers by an unauthorized person, including a person under the age of 21.

(i) Persons cultivating adult-use cannabis for personal home cultivation purposes shall only be authorized to use a single site for cultivation of their adult-use cannabis for personal home cultivation.

(j) 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.

(k) 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.

(l) No landlord may refuse to lease, or otherwise penalize a person solely for engaging in adult-use 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 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 adult-use cannabis products on its premises.

(m) The provisions of this section do not exempt any person who cultivates cannabis for personal adult-use from being liable for any property damage as outlined in their lease agreement.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 115.3

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