Under NY Marijuana Regulation and Taxation Act (MRTA), adults 21+ may cultivate up to 3 mature and 3 immature plants per person, maximum 6 mature/6 immature per household. Plants must be secured from public view and minors. Effective since 2022.
The Marijuana Regulation and Taxation Act (MRTA), codified at NY Cannabis Law Article 4, legalized adult-use cannabis in March 2021. Home cultivation under Cannabis Law Β§222 is permitted for adults 21+ at up to 3 mature and 3 immature plants per person, capped at 6 mature and 6 immature per household regardless of how many adults live there. Plants must be grown on the premises of the private residence and in a secure location not visible from public view. Landlords may restrict or prohibit cultivation in leased premises (Cannabis Law Β§222(3)). Adult-use possession limits: 3 ounces of cannabis flower or 24 grams of concentrated cannabis on person. Home storage limit: 5 lbs per residence. Sale without a license (unlicensed cultivation for sale) remains a criminal offense under Penal Law Β§222.45-Β§222.50. Smoking cannabis is prohibited wherever tobacco is prohibited under NY Public Health Law Β§1399-n including within 100 ft of school grounds, most public parks, and indoor workplaces. Ulster County towns cannot ban home cultivation β MRTA preempts local prohibition of personal-use growing. However, towns including Shandaken, Olive, Wawarsing, and Plattekill opted out of retail dispensaries and on-site consumption under Cannabis Law Β§131 by December 31, 2021.
Exceeding plant limits: civil fine up to $125 first offense (Penal Law Β§222.15). Unlicensed sale: Class A misdemeanor up to Class D felony depending on quantity. Smoking where prohibited: same penalties as tobacco smoking violations ($50-$1,000). Cultivation visible from public view: civil violation under Β§222.
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