There has been some misinformation spread on the site that it is legal for all to grow marijuana in New York. That simply is not true. Only those with a Medical Marijuana Card may grow(got mine in 2018). From today's newspaper April 6th, 2023. *Article edited for content and brevity.
NEW YORK STATE
Homegrown marijuana for personal use is still outlawed in New York
Slow rollout of retail marijuana licenses has also delayed the regulations that will allow someone to grow plants at home
Brendan J. Lyons
April 6, 2023
ALBANY — New York is entering its third outdoor growing season since marijuana was legalized in the spring of 2021, but recreational users are still not allowed to legally cultivate their own plants — and
that authorization may not come until well past next year’s planting season.
A provision in the Marijuana Regulation and Taxation Act approved the home cultivation of cannabis for personal use, but declared it can begin only after the state Office of Cannabis Management has issued “regulations governing home cultivation of cannabis, which will occur within 18 months of the first adult-use retail sale.”
But the first “legal” sale of recreational marijuana in New York did not take place until late December when a downstate nonprofit organization, Housing Works,
opened a retail marijuana shop in New York City. That means the r
egulations authorizing homegrown plants for personal use may not be approved until July 2024.
For now, only individuals with medical marijuana prescriptions are allowed to legally grow at home. They received that authorization last September when the state approved regulations allowing medical marijuana patients — who could already purchase products from licensed medical dispensaries — to grow up to three mature plants and three immature plants at home. They also have the option of using “designated caregivers” to grow the crops for them.
The regulations additionally allow a medical patient or their caregiver to possess up to 5 pounds of cultivated marijuana in addition to any plants. Mature plants are those which have buds forming; immature plants can be any height as long as they do not have buds visible.
It is illegal for a patient or caregiver to sell marijuana, seeds or plants to another person, but they are allowed to give up to 3 ounces of cannabis or 24 grams of concentrated cannabis to another certified patient or caregiver. Practitioners certified to prescribe marijuana
can do so for any reason, including insomnia and anxiety.
Written By
Brendan J. Lyons
Brendan J. Lyons is a managing editor for the Times Union overseeing the Capitol Bureau and investigations. Lyons joined the Times Union in 1998 as a crime reporter before being assigned to the investigations team. He became editor of the investigations team in 2013 and began overseeing the Capitol Bureau in 2017. You can reach him at
[email protected] or 518-454-5547.