NY State Senate Bill 2025-S7387

Senate Bill S7387

2025-2026 Legislative Session

Authorizes retail dispensary licensees, microbusiness licensees and nursery licensees to sell up to three immature cannabis plants per person for personal cultivation

download bill text pdf

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 14, 2025	referred to investigations and government operations

2025-S7387 (ACTIVE) - Details

See Assembly Version of this Bill:: A7998
Current Committee:: Senate Investigations And Government Operations
Law Section:: Cannabis Law
Laws Affected:: Amd §§3, 72, 73 & 75, Cannabis L

2025-S7387 (ACTIVE) - Summary

Authorizes retail dispensary licensees, microbusiness licensees and nursery licensees to sell up to three immature cannabis plants per person for personal cultivation; defines immature cannabis plant; directs the cannabis control board to promulgate rules and regulations relating to the sale of immature cannabis plants.

2025-S7387 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7387

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the cannabis law, in relation to the sale of immature
cannabis plants for personal cultivation

 
PURPOSE:

The purpose of this legislation is to allow the sale of immature canna-
bis plants by retail dispensary, microbusiness and nursery to consumers
for personal cultivation.

 
SUMMARY OF PROVISIONS:

Section 1: Section 3 of the Cannabis law is amended by adding a new
subdivision 28-a which defines immature cannabis plants.

Section 2: Subdivision 1 of section 72 of the cannabis law is amended to
authorize licensed cannabis retail dispensaries to sell up to three
immature cannabis plants to individuals for personal home cultivation.

Section 3: Subdivision 1 of section 73 of the cannabis law is amended is
amended to authorize license cannabis microbusiness to sell up to three
immature cannabis plants to individuals for personal home cultivation.

Section 4: Subdivision 1 of section 75 of the cannabis law is amended is
amended to authorize licensed cannabis nurseries to sell up to three
immature cannabis plants to individuals for personal home cultivation.

Section 5: Authorizes the Cannabis Control Board to promulgate rules and
regulations necessary to implement.

Section 6: Establishes the effect date.

 
JUSTIFICATION:

In February 2024, the Cannabis Control Board adopted regulations which
allowed for the home cultivation of cannabis for those individuals over
21 years of age. The regulations allow for an individual to grow up to
three mature and three immature plants and limits residences to six
mature plants and six immature plants.

The regulations stated that consumers would be able to legal purchase
seeds and immature plants once licensed nurseries are operational. To
date, the Office of Cannabis Management (OCM) has not issued any
licenses for cannabis nurseries, nor has it issued any draft regulations
for nursery licenses. In their 2024 Annual Report the OCM "recommend
authorizing licensed nurseries and microbusiness to sell seedlings and
clones directly to adult-use consumers, certified patients and desig-
nated care givers for home cultivation purposes."

This legislation would authorize licensed Dispensaries, Nurseries and
Micro-businesses to sell up to three immature plants to individuals over
the age of 21. Consumers need to have a legal avenue to purchase canna-
bis plants and this bill ensure that legal avenue.

 
LEGISLATIVE HISTORY:
This is new legislation.

 
FISCAL IMPLICATIONS:

This legislation will result in a small increase in sales tax collection
for both State and Local governments.

 
EFFECTIVE DATE:
This act shall take effect immediately and authorizes the Cannabis
Control Board to promulgate rule and regulation.

2025-S7387 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7387
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the cannabis law, in relation to the  sale  of  immature
   cannabis plants for personal cultivation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3 of the cannabis law is amended by  adding  a  new
 subdivision 28-a to read as follows:
   28-A.  "IMMATURE CANNABIS PLANT" MEANS A NON-FLOWERING FEMALE CANNABIS
 PLANT OR A CANNABIS PLANT WHICH DOES NOT HAVE BUDS THAT MAY BE  OBSERVED
 BY VISUAL EXAMINATION.
   §  2.  Subdivision  1  of section 72 of the cannabis law is amended to
 read as follows:
   1. A  retail  dispensary  license  shall  authorize  the  acquisition,
 possession, sale and delivery of cannabis, AND SALE OF UP TO THREE IMMA-
 TURE  CANNABIS  PLANTS  PER  PERSON  FOR  PERSONAL CULTIVATION, from the
 licensed premises of the retail dispensary by such licensee to  cannabis
 consumers.
   §  3.  Subdivision  1  of section 73 of the cannabis law is amended to
 read as follows:
   1. A microbusiness license shall authorize  the  limited  cultivation,
 processing,  distribution,  delivery, and dispensing of their own adult-
 use cannabis and cannabis products. A MICROBUSINESS LICENSE  SHALL  ALSO
 AUTHORIZE  THE  SALE  OF UP TO THREE IMMATURE CANNABIS PLANTS PER PERSON
 FOR PERSONAL CULTIVATION.
   § 4. Subdivision 1 of section 75 of the cannabis  law  is  amended  to
 read as follows:
   1. A nursery license shall authorize the production, sale and distrib-
 ution of clones, immature plants, seeds, and other agricultural products
 used  specifically  for  the  planting,  propagation, and cultivation of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11234-02-5

 S. 7387                             2
 
 cannabis by licensed  adult-use  cultivators,  cooperatives,  microbusi-
 nesses  or  registered  organizations. A NURSERY LICENSE SHALL AUTHORIZE
 THE SALE OF UP TO THREE IMMATURE CANNABIS PLANTS PER PERSON FOR PERSONAL
 CULTIVATION.  For the purposes of this section, the office shall provide
 recommendations to the board for the application process, license crite-
 ria and scope of licensed activities for  this  class  of  license.  The
 granting  of  such  licenses  shall  promote  social and economic equity
 applicants as provided for in this chapter.
   § 5. The New York state cannabis control board  shall  promulgate  any
 rules and regulations necessary to implement the provisions of this act.
   § 6. This act shall take effect on the one hundred twentieth day after
 it  shall  have become a law.  Effective immediately, the New York state
 cannabis control board is authorized to promulgate any rules  and  regu-
 lations  necessary to implement the provisions of this act on its effec-
 tive date on or before such effective date.

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