New guidance for home cultivation of medical marijuana in New York state is available. On October 21, the Cannabis Control Board released draft regulations designed to expand certified patients and their caregiver’s access to medical marijuana by allowing home cultivation of cannabis while preventing abuse and diversion.

The draft regulations propose the following:

  • Allow medical marijuana patients to grow up to three mature plants and three immature plants per person, with up to six mature and six immature plants allowed at a private residence;
  • Allow a designated caregiver age 21 or over caring for a person under age 21 or someone unable to cultivate their own to grow up to six cannabis plants for the patient;
  • Restrict the sale of cannabis seeds, immature and mature plants and flower products except to registered organizations;
  • Require plants to be kept in a secure location; and
  • Prohibit home processing of cannabis with any liquid or gas (other than alcohol) that has a flashpoint below 100 degrees Fahrenheit.

The board’s approval comes several weeks after the panel passed additional guidance to support the medical cannabis program, both by allowing the use of the whole flower and expanding the list of providers who can prescribe medical marijuana. The board’s approval triggers the 60-day public comment period.

This alert does not purport to be a substitute for advice of counsel on specific matters.

Harris Beach has offices throughout New York state, including Albany, Buffalo, Ithaca, Long Island, New York City, Rochester, Saratoga Springs, Syracuse and White Plains, as well as New Haven, Connecticut and Newark, New Jersey.