On September 20, the New York Office of Cannabis Management (OCM) announced that rules were finalized surrounding home growing of medical cannabis in New York. The new rules will take effect on October 5, 2022. The adoption of the medical cannabis home grow resolution comes almost a year after draft regulations were first proposed and several months after the public comment period led to slight revisions to the rules. In order to become a patient, New Yorkers first need certification from a health care provider. A certified patient can then register online with the OCM, at which point they’ll receive a registry ID card that will allow them to legally grow at home.  Non-patients will have to get cannabis for recreational use from licensed dispensaries — which the state has promised will be open by the end of the year

Under the adopted regulations, medical cannabis patients who are 21 or older who are registered with the medical cannabis program are permitted to grow up to six plants at home, and medical cannabis caregivers may grow up to 12 plants to serve up to four patients.  Only one caregiver may grown on behalf of a certified patient.  Individuals are limited to no more than three mature plants and three immature plants. While caregivers with multiple patients are limited to cultivating no more than six mature plants and six immature plants at any one time.  A convenient Medical Home Cultivation Guide issued by the OCM can be found here (https://cannabis.ny.gov/system/files/documents/2022/09/medical-cannabis-home-cultivation-guide.pdf)

The final home grow regulations were revised based on feedback received during a public comment period.  During the process, advocates voiced concerns that the rules adopted include plant count limits that are too low, that home grows consumed too much electricity and water, and sought clarification on the definition of a private residence – the only location where personal medical cannabis can be cultivated. And while the new rules prohibit landlords from refusing to lease to medical cannabis patients or penalizing them for growing their own plants with some nuances,  they do not address Section 8 (Federal Housing Assistance) residents, who still cannot cultivate or use medical cannabis at home due to federal restrictions.   Indeed, our Above the Haze video series has been exploring how federal regulations discriminate against medical cannabis patients in everything from employment to bankruptcy protections and Second Amendment rights. Here, this discrimination rears its ugly head in the form of federal housing assistance discrimination. 

New York also continued its brisk approval of cannabis business licenses.  Just this week, regulators approved 10 more cannabis processor licenses, for a total of 25 that have been approved since last month. Regulators also accepted 19 more conditional cultivator applications from existing hemp businesses bringing the number of approval cultivators to 261. 

The opportunities in New York continue to draw cannabis entrepreneurs and established operators from around the country. PLG’s Cannabis Practice Group has been assisting these and others in establishing operations in New York and the Northeast in general.  We would love the opportunity to connect with you to discuss these exciting opportunities.