A new series of regulations approved by the Cannabis Control Board on Tuesday has made it legal to grow marijuana at home.
Legalizing personal growth of cannabis has always been a promise of the state since the Marihuana Regulation and Taxation Act was approved in 2021. But no rules or regulations were ever put in place. While little enforcement of small, home-growing operations has taken place, the new rules make clear a person’s right to grow.
“The introduction of home cultivation brings us one step closer to setting a new standard that centers growth, equity, and safety,” Cannabis Control Board chairperson Tremaine Wright said in a statement.
The law allows a person to, at any given time, have a maximum of three immature and three mature plants. A household is limited to 12 plants total.
A person can extract their plants at home into tinctures, distillate, or extracts. The state guideline advises against using any flammable material, like butane, during the extraction process. The law also advises planting cannabis alongside lavender or other strong, floral plants in order to mask the smell. Or to use a carbon filter when growing indoors.
Notably, the law protects home growing both for homeowners and renters. A landlord in New York is forbidden from penalizing a tenant for growing weed, except for situations where it might lead to the loss of federal benefits.
Possession laws remain the same, with a person limited to having five pounds of cannabis flower or concentrate in their home.
Seeds and immature plants can be bought legally at dispensaries or directly from farmers under the cannabis microbusiness program.
