The Office of Cannabis Management in New York state has provided further guidance on how adult-use conditional cultivators (AUCCs) must measure and report the square footage of their flowering canopy to remain compliant with cannabis law. As an addition to their Site Plans, all AUCCs must submit a Plant Bed Diagram by Tuesday July 12. This diagram should map out, with clear boundaries, the flowering plant canopy that brings cannabis plants to maturity.
- The diagram must include square footage of planted beds within the flowering canopy, as well as the layout of where the beds are located within the outdoor fields and/or greenhouse. It must take into account the estimated span of the cannabis plant during its final flowering stage.
- The plan must comply with established square footage limits for the flowering canopy– up to 43,560 square feet outdoors, and 25,000 square feet in the greenhouse. (Growing in both areas is permitted if the greenhouse growth does not exceed 20,000 square feet and total canopy does not exceed 30,000 square feet.)
- Paths, walkways and roads, if clearly demarcated, will not be counted toward total flowering plant canopy square footage.
- The practice of planting multiple acres with staggered harvest dates is not allowed, if it would result in exceeding maximum canopy limits.
- Plants exceeding the flowering canopy limits may be moved to another location or sold to other AUCC license holders.
With this guidance, AUCCs are permitted to cultivate in a total area greater than two acres – a previous limit established in June — if their flowering canopy as measured by square feet and in accordance with the guidance matches the Plant Bed Diagram and does not exceed limits set in the Cannabis Law.
During on-site inspections, the Plant Bed Diagram will be used to assess an AUCC’s compliance with the Cannabis Law’s flowering canopy limits.
OCM will be collecting data on this practice for the first growing season to determine future regulations and guidance. For guidance in preparing a Plant Bed Diagram, or any other related needs, please reach out to our Cannabis Industry Team.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach has offices throughout New York state, including Albany, Buffalo, Ithaca, New York City, Rochester, Saratoga Springs, Syracuse, Uniondale and White Plains, as well as Washington D.C., New Haven, Connecticut and Newark, New Jersey.