Under NY MRTA (Cannabis Law §222), adults 21+ may cultivate up to 3 mature and 3 immature cannabis plants per person, maximum 6 mature/6 immature per household. Plants must be secured from minors and not visible from public spaces. Albany County has not preempted state rules.
The New York Marijuana Regulation and Taxation Act (MRTA, 2021, codified as Cannabis Law §§222-224) legalized adult-use recreational cannabis and home cultivation. Adults 21 and older may possess up to 3 ounces of cannabis and 24 grams of concentrate in public, and cultivate up to 3 mature and 3 immature plants per person with a cap of 6 mature / 6 immature per household regardless of occupancy. Cultivation must occur in a private residence or on surrounding grounds in a manner that prevents access by persons under 21 (lock, enclosure, or fence) and is not visible from a public place. Home cultivation regulations became fully effective in November 2024 when the NY Office of Cannabis Management (OCM) finalized 9 NYCRR Part 125. Landlords may restrict growing in leases under Cannabis Law §222(5). Odor that constitutes a nuisance may be abated under local codes. Albany County has not enacted a home-cultivation-specific local law, so state defaults apply. NY Penal Law §222.55 penalties apply for exceeding limits. Growing for sale without OCM license is a crime under Cannabis Law §125.
Exceeding plant limits: Cannabis Law §222 violation — first offense $125 fine; subsequent offenses misdemeanor. Visible cultivation: civil citation. Unlicensed commercial cultivation: Penal Law §222.55 Class A misdemeanor to Class C felony by volume.
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