New York Statewide Rule
New York Adult-Use Cannabis Home Cultivation Rules
Key Facts
- Statute
- Penal Law § 222.15
- Plant Limit
- 3 mature, 3 immature per adult
- Household Cap
- 6 mature, 6 immature
- Local Ban
- Preempted
Summary
New York law lets adults 21 and over grow cannabis at home and preempts municipalities from prohibiting it, setting uniform plant limits and secure storage requirements statewide.
1. Except as provided for in section forty-one of the cannabis law, and unless otherwise authorized by law or regulation, no person may: (a) plant, cultivate, harvest, dry, process or possess more than three mature cannabis plants and three immature cannabis plants at any one time; or (b) plant, cultivate, harvest, dry, process or possess, within his or her private residence, or on the grounds of his or her private residence, more than three mature cannabis plants and three immature cannabis plants at any one time; or (c) being under the age of twenty-one, plant, cultivate, harvest, dry, process or possess cannabis plants. 2. No more than six mature and six immature cannabis plants may be cultivated, harvested, dried, or possessed within any private residence, or on the grounds of a person's private residence.
Full Breakdown
Penal Law § 222.15, added by the Marihuana Regulation and Taxation Act, 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. Adult-use home cultivation became fully operative in 2024 once the Office of Cannabis Management finalized its home-grow regulations covering security and safe processing. Cannabis Law Section 131 preempts local laws that conflict with the MRTA, and Penal Law § 222.15(6) bars municipalities from prohibiting personal cultivation outright, though neutral nuisance and building code rules still apply.
Violations & Penalties
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.
Frequently Asked Questions
Can my city ban home cannabis cultivation?
How many cannabis plants can I grow at home in New York?
Sources
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