- November 3, 2021
- Alerts
New York Advances Home Cultivation of Medical Cannabis Rules
New York’s Cannabis Control Board has approved, for public comment, the publication of proposed regulations for home cultivation of medical cannabis.
Subject to certain restrictions, New York’s Marijuana Regulation and Taxation Act (MRTA) allows certified patients (i.e., patients with registry ID cards from the New York State) at least 21 years old to grow cannabis for personal use. The law also allows designated caregivers, caring for certified patients younger than 21 years old or whose physical or cognitive impairments prevent them from cultivating cannabis, to grow cannabis for those patients. Pursuant to MRTA, home cultivation cannot occur until regulations are in place. The Cannabis Control Boards’ approval of the publication of proposed regulations for public comment is the first step in the process of enacting regulations.
The proposed regulations would:
To read the regulations click here. They will also be published in the November 17, 2021 issue of the State Register, which will start a 60-day public comment period.
When regulations are finalized and in place, home cultivation will improve access to medical cannabis by patients and their caregivers, an important development not only for them, but for the medical professionals who certify patients to use medical cannabis.
Garfunkel Wild has a multi-disciplinary Cannabis Law Practice Group to help clients navigate the rapidly evolving cannabis landscape. The group was formed to meet the needs of employers, health care professionals, entrepreneurs, cultivators, distributors, retailers, investors, and others dealing with a broad range of regulatory and legal issues in the cannabis space. That includes issues in the areas of health care, real estate, venture capital, financing, labor and employment, intellectual property, licensing, and regulatory compliance.
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Should you have any questions regarding the above, please contact the Garfunkel Wild attorney with whom you regularly work, or contact us at info@garfunkelwild.com.
Subject to certain restrictions, New York’s Marijuana Regulation and Taxation Act (MRTA) allows certified patients (i.e., patients with registry ID cards from the New York State) at least 21 years old to grow cannabis for personal use. The law also allows designated caregivers, caring for certified patients younger than 21 years old or whose physical or cognitive impairments prevent them from cultivating cannabis, to grow cannabis for those patients. Pursuant to MRTA, home cultivation cannot occur until regulations are in place. The Cannabis Control Boards’ approval of the publication of proposed regulations for public comment is the first step in the process of enacting regulations.
The proposed regulations would:
- Allow up to three mature plants and three immature plants per person and a cap of six mature and six immature within or on the grounds of any private residence.
- For designated caregivers who are 21 years old or older and who are caring for a patient under 21 or who is unable to cultivate on their own, allow the caregiver to grow up to six cannabis plants for one certified patient. However, no patient can have more than one caregiver growing on their behalf. If a caregiver is designated to grow for more than one patient, they may grow one additional plant for each additional patient.
- Make clear that no person shall sell or barter to another person any cannabis seeds, immature or mature plants, or cannabis, produced by a plant cultivated pursuant to the regulations.
- Require that plants be kept in a secure location, using reasonable measures so neither the plants nor cannabis cultivated from them are readily accessible to anyone under the age of 21, by cultivating in an enclosed area not plainly visible from public view; taking reasonable steps to mitigate the odor; installing and maintaining security devices; and locking and storing cannabis in a manner that prevents theft, loss or access by an unauthorized person.
To read the regulations click here. They will also be published in the November 17, 2021 issue of the State Register, which will start a 60-day public comment period.
When regulations are finalized and in place, home cultivation will improve access to medical cannabis by patients and their caregivers, an important development not only for them, but for the medical professionals who certify patients to use medical cannabis.
Garfunkel Wild has a multi-disciplinary Cannabis Law Practice Group to help clients navigate the rapidly evolving cannabis landscape. The group was formed to meet the needs of employers, health care professionals, entrepreneurs, cultivators, distributors, retailers, investors, and others dealing with a broad range of regulatory and legal issues in the cannabis space. That includes issues in the areas of health care, real estate, venture capital, financing, labor and employment, intellectual property, licensing, and regulatory compliance.
* * * * *
Should you have any questions regarding the above, please contact the Garfunkel Wild attorney with whom you regularly work, or contact us at info@garfunkelwild.com.