NY MRTA allows adults 21+ to grow up to 3 mature + 3 immature cannabis plants per person (max 6 mature + 6 immature per household) for personal use. Home cultivation rights CANNOT be banned by local law. Must be secure and out of public view.
Under NY Cannabis Law §222, adults 21 and over may cultivate up to 6 cannabis plants (3 mature, 3 immature) for personal use at their private residence, with a household maximum of 12 plants (6 mature, 6 immature). Plants must be in a secure location not visible from a public place and not accessible to anyone under 21. Personal cultivation does not require an OCM license. Home cultivation rules became effective upon OCM's implementation of adult-use retail rules (September 2023). Municipalities cannot prohibit personal home cultivation — this is state-preempted. Landlords may restrict cultivation in rental leases; HOAs likewise. Growing more than the personal limit or for sale requires licensure and is a criminal offense.
Over-limit cultivation: Cannabis Law §222 penalties — civil fine for small overage, criminal for commercial quantities. Public visibility: $125 civil violation for first offense.
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