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Medical Cannabis Cultivation Fact Sheet

KEY TERMS 

Cultivation — growing, cloning, harvesting, drying, curing, grading, and trimming the cannabis plant.

Personal Home cultivation — growing, cloning, harvesting, drying, curing, grading, and trimming cannabis plants for medical use under Cannabis Law.

Mature cannabis plant — a female plant that has flowered and has buds that may be observed by visual examination.

Immature cannabis plant— a non-flowering female cannabis plant or a cannabis plant that does not have buds that may be observed by visual examination.

Private residence — any building or part of a residential building or structure designed and occupied for residential purposes private home, townhouse, condominium, co-op, apartment, or mobile home.

On the grounds — the external areas of the private residence where the individual resides and has legal rights to use such exterior areas for their own purposes, including but not limited to a backyard or any land adjacent to the private residence.

Designated caregiver — an individual at least twenty-one years old designated by a certified patient. 

CULTIVATION

Who can cultivate medical cannabis for individual personal use?

Certified Patients (medical card holders) 21 years or older are allowed to grow cannabis for themselves or another Certified Patient at least 21 years old, or whose physical or cognitive impairments prevent them from cultivating cannabis.

Designated Caregivers 21 years or older.

No patients may have more than one Designated Caregiver and Patients must identify a single site for cultivation of their medical cannabis.

Where can Certified Patients and Designated Caregivers obtain cannabis seeds and/or plants for personal medical cultivation?

As long as all legal requirements for purchase and transport are met, it is entirely up to the Certified Patient and Caregiver where they obtain their seeds and plants. 

The NY Cannabis law and regulations have rules businesses must follow to sell seeds and plants to NY Certified Patients and Designated Caregivers.

How much cannabis can be cultivated for personal medical use by one individual? 

Individual Certified Patients can grow no more than 

• Three (3) immature (non-flowering) female plants; AND

• Three (3) mature (flowering) female plants

Two (2) or more Certified Patients living in one residence can grow no more than

• Six (6) immature (non-flowering) female plants; AND

• Six (6) mature (flowering) female plants

• Certified Patients are allowed up to 1 Designated Caregiver at a time.

Designated Caregivers with one Certified Patient may grow up to 

• Six (6) cannabis plants for one Certified Patient. 

Designated Caregivers are allowed a total of four (4) patients. However if multiple patients are using one Designated Caregiver, their allotment of legally allowable plants is reduced from six (6) to two (2) plants per patient. Therefore, a Designated Caregiver growing for the maximum number of four (4) patients would only be allowed to grow a total of 12 plants total for all four (4) patients, this includes the Caregivers personal allotment.

Caregiver’s Personal allotment: six (6) plants

Caregiver with one Patient is allotted: twelve (12) plants

Caregiver with two Patients is allotted: twelve (12) plants

Caregiver with three Patients is allotted: twelve (12) plants

Caregiver with four Patients is allotted: twelve (12) plants

No more than twelve (12) female plants can be cultivated, harvested, dried, or possessed in any private residence, or on the grounds of any private residence, at any time irrespective of personal grow or number of total patients.

Where can personal cultivation of cannabis occur?

Individuals can only cultivate personal medical cannabis within or on the grounds of their private residence. Designated Caregivers can only cultivate cannabis at, or on the grounds of, the Designated Caregiver’s private residence or the Certified Patient’s private residence.

What measures must be taken when storing cannabis plants kept for cultivation? 

Any cannabis cultivated for certified patients must be kept separate from any other cannabis cultivation. It also must be organized so that it can be easily determined to whom the cannabis plants belong. All plants must be stored in a secure location within or on the grounds of the home of a Caregiver or Certified Patient.

Patients and caregivers must take reasonable measures to ensure that the plants and cannabis obtained from the plants are not easily accessible to anyone under the age of twenty-one (21). This includes but is not limited to: 

• Taking measures to obstruct or hide the visibility of the cultivation site, plants, and cannabis.

• Securing the site, plants, and cannabis by locking and storing cannabis in a manner that prevents any unauthorized person from accessing it.

Can my landlord stop me from growing medicine for myself or others?

In most cases, landlords can’t penalize or refuse to lease a certified patient or designated caregiver for activities related to medical cannabis, except:

• If failing to do so would cause the landlord to lose a monetary or licensing-related benefit under federal law or regulations, or

• If a property has a smoke-free policy, it is not required to permit the smoking of cannabis products on its premises, provided no restriction may be interpreted to limit the certified medical use of cannabis.

Laws and/or regulations for personal cultivation of medical cannabis do not exempt individuals from being responsible for any property damage outlined in their lease agreement.

Can a Designated Caregiver who is not the Designated Caregiver of a Certified Patient provide personal cultivated cannabis to that patient?

Yes. Even if not growing cannabis for a patient, a caregiver may provide those patients with: 

• Up to three (3) ounces of cannabis and 

• Up to twenty-four (24) grams of concentrated cannabis. 

Having additional patients you do not grow for does not allow you to grow more than the twelve (12) plants per residence.

Can I charge to be a Designated Caregiver?

No. Caregivers cannot profit from the personal cultivation of medical cannabis. They cannot sell, barter, or trade the cannabis they grow for themselves or a patient. Only Registered Organizations licensed to grow medical cannabis or Adult-Use Retail License Holders can profit from the sale of seeds, plants, or services associated with the personal cultivation of medical cannabis. 

Caregivers can only receive reimbursement for the actual costs of goods, materials, or utilities for which they have incurred expenses directly related to the cultivation of cannabis for the certified patient. They cannot receive reimbursement or compensation for their time, knowledge, or expertise.

Caregivers cannot sell any cannabis they cultivated for a Certified Patient even if they no longer need or want the cannabis.

What quantity of personal medical cannabis can be stored in the home at once?

A Patient or Caregiver can possess up to five pounds of personal home-cultivated cannabis in their residence or on the grounds of their residence. 

Note: this is different from what you are allowed to carry on your person at once outside your household. You are allowed to carry up to 3 ounces of cannabis outside of the home.

Are Certified Patients and Designated Caregivers allowed to keep personal cultivation cannabis and make concentrates?

Yes, within limits. It is prohibited to process cannabis at home in the form of liquid or gas that has a flashpoint below 100 degrees Fahrenheit. You are allowed to process with alcohol.

SALE OF MEDICAL CANNABIS FOR HOME CULTIVATION

Anyone looking to sell medical cannabis plants or seeds for home cultivations must comply with NY Cannabis Law and regulations as well as federal law and regulations.

An individual or organization must be registered in accordance with Cannabis Law or a licensee authorized by the Office of Cannabis Management (OCM).

Packaging, Labeling, Record-keeping

Registered organizations or individuals must track the entire process, seed to sale, and submit that data to the OCM. 

Each cannabis plant or package of seeds for sale must be labeled clearly before being transported to the dispensary or delivered to the patient.

Labeling shall include the following information:

• Strain name 

• Product type (ex - cannabis seeds, cannabis plant)

• Potential potency (confirmed by testing of the parent cannabis plant)

• Date of harvest

• Unique identification number (UID)

• Any pesticides used in the cultivation

• Name of the entity that cultivated the cannabis

• Name of the entity that sold the cannabis, if different from cultivator;

• For seeds - a seed count and net weight in US customary units and metric units

• A warning to “keep out of reach of children”

• Any other information as determined by the OCM.

Packaging cannot be attractive to minors and must preserve the integrity of the cannabis product. Packaging and labeling can’t contain false or misleading claims, including health or benefit claims.

Transport

Organizations and licensees transporting medical cannabis for home cultivation must follow NY Cannabis Law and regulations. They are responsible for making sure the following are provided to the dispensing individual or organization:

• Written instructions for basic care and environmental considerations for the plants (light, water, temperature controls) 

• The method for destruction, if necessary

• A disclosure of any pesticide used in cultivation and a document signed by an authorized representative from the organization or individual attesting that the pesticides meet the criteria set by state and federal environmental agencies.

Storage 

All medical cannabis seeds and immature plants must be:

• Stored in a secure area or location in the dispensing facility; 

• Accessible to the minimum number of employees required for operation to prevent diversion, theft, or loss; AND

• Protected against physical, chemical, and microbial contamination and deterioration (pesticides are not allowed to be applied to live plants at the dispensing facility)

Sale 

Registered organizations or individuals must:

• Only conduct sales of medical cannabis for home cultivation to certified patients twenty-one (21) years of age or older or their designated caregivers who are registered with the OCM

• Sell seeds and immature plants only in quantities determined by the OCM

• Provide patients or their caregivers with a safety insert at the time of sale

The safety insert must include:

• The medical cannabis strain and potential potency

• Information about any contraindications

• A warning of adverse effects and/or any potential dangers stemming from the use of medical cannabis

• Instructions for reporting adverse events

• A warning about driving and operating mechanical equipment while under the influence of medical cannabis

• Information on tolerance, dependence, withdrawal, substance abuse, how to recognize problematic usage of medical cannabis, and how to obtain help or treatment.

• Language stating that the certified patient, or designated caregiver, may not distribute medical cannabis to anyone else

• Language stating that unwanted, excess, or contaminated medical cannabis must be disposed of in a manner that makes it nonrecoverable.

• Language stating that medical cannabis for home cultivation is not required to be, and has not been, safety compliance tested.

• Any other information as determined by the OCM

Returns, complaints, and adverse events

Medical cannabis seeds or plants returned to the dispensing facility must be securely stored separately and disposed of according to OCM regulations. Registered organizations or licensees must notify the OCM within 24 hours of the following:

• Any adverse events that the organization or individual was made aware of

• Any incident involving theft or loss of medical cannabis

• Any suspected or known facility event that may compromise public health or safety or that requires a response by public safety law or enforcement personnel

• Any vehicle accidents or incidents that happen during transport 

The OCM must be notified within ten days of any of the events mentioned above. The organization or individual must submit an incident report detailing the event, corrective actions taken, and confirmation that appropriate agencies were notified.

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