New York Cannabis Law preempts municipalities from prohibiting personal home cultivation of cannabis by adults age 21 and over, while setting uniform plant limits and storage requirements statewide.
Cannabis Law Section 222 authorizes adults 21 or older to cultivate up to three mature and three immature cannabis plants for personal use, with a household cap of six mature and six immature plants regardless of how many adults reside there. The Cannabis Control Board sets statewide rules on security, child-resistant storage, and odor control. Cannabis Law Section 131 preempts local laws that conflict with the Marihuana Regulation and Taxation Act. Municipalities cannot ban or license personal cultivation but may enforce neutral nuisance and building code rules.
Cultivating more than the statutory limit can result in civil violations or, depending on amount, criminal charges under Penal Law Article 222. Sale of home-grown cannabis without a license remains illegal and is regulated by the Office of Cannabis Management under Cannabis Law Article 4.
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