N.Y. Comp. Codes R. & Regs. tit. 9 § 115.4

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

Section 115.4 - Sale of Cannabis for Personal Home Cultivation

(a) No person or entity shall sell, which shall have the same meaning as the definition of "sale" pursuant to subdivision (j) of section 492 of the Tax Law, medical or adult-use cannabis clones, seedlings, immature cannabis plants, cloned propagation material, or tissue culture, to consumers for personal home cultivation unless it has complied with the Cannabis Law, this Part, any other applicable federal law, rules or regulation, which shall not be construed as to include any such federal law, rules or regulation that is contrary to or otherwise conflicts with this Part or the Cannabis Law, or any state rules, regulations, and laws, and is a registered organization registered in accordance with article 3 of the Cannabis Law, or an adult-use retail dispensary, microbusiness, or ROD licensed in accordance with article 4 of the Cannabis Law, that maintains an active Nursery Dealer Certificate of Registration from the New York State Department of Agriculture and Markets Division of Plant Industry. A ROND, licensed in accordance with article 4 of Cannabis Law, is authorized to sell cannabis clones, seedlings, immature cannabis plants, cloned propagation material, or tissue culture, to consumers for personal home cultivation for medical use purposes and will require an active Nursery Dealer Certificate of Registration from the New York State Department of Agriculture and Markets Division of Plant Industry if and only if the ROND is selling cannabis clones, seedlings, immature cannabis plants, cloned propagation material, or tissue culture for personal home cultivation for medical use that were cultivated by another authorized licensed entity.

(b) Prior to selling medical or adult-use cannabis for personal home cultivation, registered organizations or adult-use retail dispensary, microbusiness, ROND, and ROD licensees shall update standard operating procedures to include activities related to personal home cultivation and furnish the standard operating procedures to the office upon request.

(c) Packaging and Labeling requirements. Notwithstanding any other law or regulation, each cannabis clone, seedling, immature cannabis plant, cloned propagation material, tissue culture, or package of seeds for sale shall be labeled with an unobstructed and conspicuous label prior to being transported to the licensee authorized herein to sell to persons for personal home cultivation or delivered to the cannabis certified patient or consumer as follows:

(1) Labeling shall include the following information:

(i) strain name in bold type;

(ii) product type (e.g., cannabis seeds, cannabis plant);

(iii) potential potency, as confirmed by testing of the parent cannabis plant (THC:CBD levels);

(iv) date of harvest;

(v) unique identification number (UID);

(vi) name of the entity, licensed or registered with the office, that cultivated the cannabis;

(vii) name of the entity, licensed or registered with the office, that sold the cannabis, if different from nursery;

(viii) for seeds, labeling that is consistent with the requirements of subdivisions A and C of section 137 of the Agriculture and Markets Law;

(ix) a warning to "keep out of reach of children"; and

(x) any other information as determined by the office.

(2) The label shall be printed on or affixed to any package or container that is used to display the cannabis clones, seedlings, immature cannabis plants, cloned propagation material, tissue culture, or cannabis seed for retail sale.

(3) Packaging shall be in a manner that is not attractive to individuals under of 21, as defined in Part 128 of this Title, and that preserves the integrity of the cannabis. Seed packaging shall not be plastic.

(4) Packaging and labeling shall not contain any untruthful or misleading statements including, but not limited to, health or benefit claims.

(d) Transport. Notwithstanding any other law or regulation, when a registered organization, adult-use retail dispensary, microbusiness, ROND, or ROD licensee shall transport medical or adult-use cannabis for personal home cultivation, they shall transport in a manner determined by the office and shall ensure that the following are provided to the person receiving the transport or delivery:

(1) written instructions for basic care and environmental considerations for the plants (light, water, temperature controls) and the method for destruction if necessary, such as if the plants develop disease or die; and

(2) a document signed by a duly authorized representative from the registered organization, adult-use retail dispensary, microbusiness, ROND, or ROD licensee attesting that only pesticides that are registered by the New York State Department of Environmental Conservation or that specifically meet the United States Environmental Protection Agency registration exemption criteria for Minimum Risk Pesticides, and only in accordance with subdivision (b) of section 325.2 of Title 6 of the NYCRR have been used.

(e) Storage. Notwithstanding any other law or regulation, all medical and adult-use cannabis clones, seedlings, immature cannabis plants, cloned propagation material, tissue culture, or cannabis seeds intended for the cultivation of cannabis for personal medical or adult-use shall be:

(1) stored in a secure area or location, accessible to the minimum number of employees essential for efficient operation, to prevent diversion, theft or loss, within the:

(i) registered organization;

(ii) adult-use dispensary;

(iii) microbusiness;

(iv) ROND; or

(v) ROD; and

(2) stored in such a manner as to protect against physical, chemical and microbial contamination and deterioration.

(f) Sales of medical and adult-use cannabis for personal home cultivation. A registered organization, adult-use retail dispensary, microbusiness, ROND, or ROD licensees shall:

(1) only conduct sales of medical and adult-use cannabis for personal home cultivation at a registered organization, adult-use retail dispensary, microbusiness, ROND, or ROD licensed premises authorized by the office or via delivery, if the licensee is authorized for delivery of cannabis to certified patients or consumers, by registered organization employees, adult-use retail dispensary employees, microbusiness employees, ROND employees, or ROD employees, all of whom shall be 21 years of age or older, to persons 21 years of age or older;

(2) sell or store immature plants only in quantities determined by the office;

(3) provide persons purchasing medical or adult-use cannabis clones, seedlings, immature cannabis plants, cloned propagation material, tissue culture, or cannabis seeds for personal home cultivation with a safety insert at the time of sale. The safety insert shall include the following information:

(i) the medical or adult-use cannabis strain and potential potency;

(ii) information about contraindications;

(iii) warning of adverse effects and/or any potential dangers stemming from the use of medical or adult-use cannabis;

(iv) instructions for reporting serious adverse events, as that term is defined in section 113.1 of this Chapter;

(v) a warning about driving and operation of mechanical equipment while under the influence of medical or adult-use cannabis;

(vi) information on tolerance, dependence and withdrawal, and substance use, how to recognize what may be problematic usage of medical or adult-use cannabis and how to obtain appropriate services or treatment;

(vii) language stating medical or adult-use cannabis clones, seedlings, immature cannabis plants, cloned propagation material, tissue culture, or cannabis seeds intended for personal home cultivation must be kept secure and out of reach of children;

(viii) language stating that the person shall not sell, which shall have the same meaning as the definition of "sale" pursuant to subdivision (j) of section 492 of the Tax Law, give, transfer, or distribute any medical or adult-use cannabis cultivated on the grounds of or in the private residence of such person for compensation or other remuneration to any other person;

(ix) for medical cannabis, language stating that the certified patient, or designated caregiver, may not distribute medical cannabis to anyone else;

(x) for adult-use cannabis, language stating that the person may not give, transfer, or distribute more than three ounces of cannabis and 24 grams of concentrated cannabis of the adult-use cannabis cultivated on the grounds of or in the private residence of such person to any other person;

(xi) language stating that unwanted, excess, or contaminated medical or adult-use cannabis must be disposed of in a manner that makes it nonrecoverable beyond reclamation, except for stalks, stems, fan leaves, root balls, and soil media;

(xii) language stating that medical or adult-use cannabis for personal home cultivation is not required to be, and has not been, safety compliance tested; and

(xiii) any other information as determined by the office.

(g) Reporting and recordkeeping. Notwithstanding any other law or regulation, registered organizations, adult-use retail dispensary, microbusiness, ROND, or ROD licensees shall perform seed to sale tracking of cannabis clones, seedlings, immature cannabis plants, cloned propagation material, tissue culture, or cannabis seeds for personal home cultivation and submit seed to sale data from the registered organization, adult-use retail dispensary, microbusiness or ROND, or ROD licensee's system of record to the office in a format as determined by the office.

(h) Returns, complaints and serious adverse events.

(1) Medical or adult-use cannabis clones, seedlings, immature cannabis plants, cloned propagation material, tissue culture, or cannabis seeds returned to the licensee authorized herein to sell to persons for personal home cultivation, where it was sold, shall be securely stored separate from working inventory while awaiting disposal and disposed of as determined by the office.

(2) Registered organizations, adult-use retail dispensary, microbusiness, ROND, and ROD licensees shall notify the office within twenty-four (24) hours of the following:

(i) any serious adverse events that the registered organization, adult-use retail dispensary, microbusiness, ROND, or ROD licensee are made aware of;

(ii) any incident involving theft, loss or possible diversion of medical or adult-use cannabis;

(iii) any suspected or known security breach or other facility event that may compromise public health or safety, or which requires response by public safety personnel or law enforcement;

(iv) any vehicle accidents or incidents occurring during transport of medical or adult-use cannabis.

(3) Within ten (10) days of the occurrence of one or more of the events in paragraph (2) of this subdivision, the registered organization, adult-use retail dispensary, microbusiness, ROND, or ROD licensee shall submit a complete written incident report to the office detailing the circumstances of the event, any corrective actions taken, and where applicable, confirmation that appropriate law enforcement authorities were notified.

(4) Quarantine any lot of medical and adult-use cannabis returned or as directed by the office, and not transport, distribute, dispense or destroy such lot unless prior approval is obtained from the office.

(5) Submit medical and adult-use cannabis, samples and manufacturing materials to the office upon request.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 115.4

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