New York authorizes self-cultivation for therapeutic purposes

O New York State Office of Cannabis Management a public consultation is underway to allow the domestic cultivation of cannabis for therapeutic or medicinal purposes and, if there are no valid oppositions, it should be approved by the end of this year. Users of cannabis for so-called “recreational” purposes will have to wait a little longer, but self-cultivation for adult use will also be regulated in early 2022. About 400 records of previous convictions related to cannabis will be automatically deleted.

The Cabinet (Office of Cannabis Management) met on 21 October to propose new regulations allowing licensed residents to grow cannabis at home for therapeutic purposes. Issued changes are now open in a public comment panel for 60 days, ending December 21st. If there is no valid opposition from the public, the council will finalize the wording of the law and move forward.

This is the latest progression in NY State's new Cannabis Regulation and Taxation Act, which legalized recreational cannabis in March, allowing users to grow it at home.

The regulation provides for allowing the cultivation of up to three flowering plants and three plants in a vegetative state per person and a limit of six mature and six immature plants in any private residence.

According to Cannabis Control Board Chair Tremaine Wright, “With today’s vote, we are advancing these measures for home growing medical cannabis for public input as we continue to expand the program and give give most New Yorkers access to this drug and the relief it provides. Thanks to the swift action of Governor Hochul and the Legislature in appointing the Cabinet and agency leadership, we are moving full steam ahead and look forward to continuing to expand the medical program and build a new industry that will operate safely and provide opportunities for the most harmed by the war on drugs”.

Senator Diane Savino also welcomed the move: “I applaud Governor Hochul, the Cannabis Control Board and the entire Office of Cannabis Management team for quickly addressing this long-standing issue for certified patients and their caregivers. The draft regulations clearly set out a program that will allow for limited home cultivation in a safe manner, preventing diversion and abuse and allowing patients and caregivers who may be far from existing dispensaries to manage their use. I look forward to hearing the comments and recommendations that will come during the public comment period and am confident that New York will emerge as a leader in this space.”

The Chair of the Assembly Health Committee and sponsor of the original medical cannabis project, Richard Gottfried, also noted that “growing at home will give patients and their caregivers another way to access needed medication. This follows the important recent addition of whole flowers to the medical program, expansion of skilled professionals, and removal of patient registration fees. I commend Governor Hochul and the Cannabis Control Board for another step towards a progressive and affordable medical cannabis program. ”

How will it work

The regulations for home cultivation of medical cannabis approved for public comment in New York outline participation with the following public health and safety measures:

• Allowing up to three mature plants and three immature plants per person and a ceiling of six mature and six immature plants in or on the grounds of any private residence.
• For designated caregivers aged 21 and over who care for a patient under the age of 21 or who cannot grow on their own, the caregiver can grow up to six cannabis plants for a certified patient. However, no patient can have more than one caregiver growing up on her behalf. If a caregiver has more than one medical patient, the caregiver can grow a plant for each patient who has more than the first six.
• Making it clear that neither cannabis seeds, immature and mature plants, nor flowers can be sold or exchanged with anyone else except by a registered organization.
• Require plants to be kept in a safe place, using reasonable measures so that neither the plants nor their products are easily accessible to anyone under the age of 21, growing in an enclosed area not clearly visible to the public; take reasonable steps to mitigate the odor; locking it; and installation and maintenance of safety devices.
• Processing cannabis at home with any liquid or gas, other than alcohol, that has a flash point below 100 degrees Fahrenheit is not allowed.

Previous conviction records will be deleted
During the Cannabis Control Board meeting, the second since its inception on September 22, Office of Cannabis Management Executive Director Chris Alexander also updated Board members on the elimination and criminal justice aspects of the MRTA, which reformed New York's justice system and strives to end decades of disproportionate enforcement of New York's cannabis laws. Under the Marijuana Regulation and Taxation Act (MRTA), records of people with previous convictions for activities that are no longer criminalized under the new law are automatically deleted.

Some 203 cannabis-related charges are currently being suppressed from criminal history searches and are in the process of being phased out, in addition to the approximately 198 records that were purged as part of the first round of cannabis purge after the legislation enacted in 2019.

Chris Alexander further noted that “the MRTA has reformed New York's criminal justice system and strives to end decades of disproportionate enforcement of New York's cannabis laws. When completed, the actions of the 2019 and 2021 laws will have wiped out the registrations of more than 400 New Yorkers – a stunning reminder of the impact the cannabis ban has had on so many lives. The Cabinet is committed to working with state and local partners to ensure New Yorkers are made aware of this relief.”