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NYC will soon let you grow marijuana at home. Here are the proposed rules.
By
Caroline Lewis
Published Jan 23, 2024
Modified Jan 24, 2024
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Kosamtu / Getty Images
By
Caroline Lewis
Published Jan 23, 2024
Modified Jan 24, 2024
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New Yorkers could legally get high off their own supply within a few months.
The state's Cannabis Control Board will soon consider rules to allow residents to grow their own weed at home. The board was originally scheduled to meet Wednesday, but that session has been postponed to finalize reviews of adult-use license applications.
The board will vote on regulations that would let New Yorkers who are at least 21 years old cultivate up to six mature plants — meaning they have visible buds — and six immature plants per residence. Home cultivators would be able to keep up to 5 pounds of flower that's been trimmed from those plants, far more than the 3 ounces that are legal to possess otherwise. And while it’s illegal to sell cannabis without a license in New York, gifting is OK.
New Yorkers would be able to buy the plants from licensed dispensaries or purchase seeds online, according to a preview of the proposed rules from the state's Office of Cannabis Management.
The provision allowing New Yorkers to grow cannabis at home was included in the state law that legalized marijuana for adult use in 2021. But it was only set to take effect after OCM issued more detailed regulations.
The state fast-tracked regulations allowing medical cannabis patients to grow their own plants and finalized those rules in October 2022.
State rules take into account the possibility that home-grow operations could cause some tensions between neighbors. The proposed rules would also require growers to try to mitigate the smell of weed if it becomes a nuisance for other residents.
But not everyone will have equal access to home cultivation under the new rules. It will still be illegal for NYCHA residents to grow cannabis, because those buildings are federally subsidized and marijuana remains illegal at the federal level. Mayor Eric Adams encountered that obstacle in 2022 when he said his administration would look into building cannabis greenhouses on public housing rooftops.
Private landlords and co-op buildings would also be able to implement their own odor mitigation policies that could effectively limit residents’ ability to grow weed at home.
The rules allowing home grows come as the state continues to try and build its legal industry and convince New Yorkers to frequent the handful of licensed dispensaries that have opened so far, rather than the plethora of illegal shops.
Licensed dispensaries have been slower to open than Gov. Kathy Hochul initially planned, due to red tape and legal setbacks. That has created challenges for state-approved cultivators, who have had trouble recouping their costs.
But the industry could soon pick up steam. State regulators are also expected to approve a new batch of cannabis business licenses at the upcoming meeting, marking the first licenses issued outside of an initial social equity program.
If the Cannabis Control Board approves the proposed home-grow regulations, they will then be open to public comment for 60 days before they are finalized.
This story has been updated to say the Cannabis Control Board's meeting planned for Jan. 24 has been postponed .
Tagged
new york city
marijuana
Health and Science
Caroline Lewis
Caroline Lewis is on the health care beat for WNYC and Gothamist. She has covered COVID, a nurses' strike, the overdose crisis and New York’s marijuana legalization effort, and spent a year investigating patients' medical bills. She always wants to hear about how everyday New Yorkers experience the health system. Got a tip? Email [email protected].
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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