Under New Yorks Marihuana Regulation and Taxation Act (MRTA, 2021), adults 21 and over may grow up to 3 mature and 3 immature cannabis plants per person, with a household maximum of 6 mature and 6 immature. Home cultivation became legal statewide once adult-use retail rules went into effect in 2022.
Cannabis Law 222 authorizes home cultivation for adults 21+. Plants must be grown in a secured location not visible to the public, not accessible to persons under 21. Outdoor cultivation visible from public property violates the statute. Landlords may prohibit cultivation in leases, but not possession. Suffolk County and its towns cannot ban home cultivation (state preemption) but can enforce zoning, building, and fire/electrical codes on grow operations (e.g., permits for new electrical circuits, ventilation). Odor nuisance complaints can be pursued under general nuisance law. Home cultivation by landowners in Central Pine Barrens areas must still comply with Pine Barrens vegetation rules. Possession limit: 3 ounces of cannabis or 24 grams concentrate outside home.
Over plant limit: civil penalty up to 125 dollars for 1-2 excess plants; criminal charge for larger amounts under Penal Law 222. Visible outdoor grow: 125 dollars civil. Selling home-grown: criminal, unlicensed sale.
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Side-by-side rule comparisons with other cities in Suffolk County.
See how other cities in Suffolk County handle home cultivation.
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