Legislation
SECTION 41
Home cultivation of medical cannabis
Cannabis (CAN) CHAPTER 7-A, ARTICLE 3
* § 41. Home cultivation of medical cannabis. Certified patients
twenty-one years of age or older may cultivate cannabis for personal
use. Designated caregivers twenty-one years of age or older, caring for
certified patients either younger than twenty-one years of age or whose
physical or cognitive impairments prevent them from cultivating
cannabis, may cultivate cannabis for use by such patients, provided that
no other caregiver is growing for said patient or patients. All
cultivation under this section shall be in accordance with section
222.15 of the penal law and any regulations made by the board, provided
that the maximum number of cannabis plants a designated caregiver is
authorized to grow is proportionately increased for each patient they
are growing for.
* NB Effective until February 19, 2026
* § 41. Home cultivation of medical cannabis. 1. Certified patients
eighteen years of age or older may cultivate cannabis for personal
medical use. Designated caregivers eighteen years of age or older,
caring for certified patients either younger than eighteen years of age
or whose physical or cognitive impairments prevent them from cultivating
cannabis, may cultivate cannabis for use by such patients, provided that
no other caregiver is growing for said patient or patients. Cultivation
under this section shall be in accordance with section 222.15 of the
penal law and any regulations made by the board, provided that the
maximum number of cannabis plants a designated caregiver is authorized
to grow is proportionately increased for each patient they are growing
for.
2. Nothing in this section shall be construed to permit any certified
patient or designated caregiver to sell any cultivated cannabis produced
by any cannabis plant which is or was cultivated for a certified patient
pursuant to this section to any other person, even if the certified
patient no longer needs or wants such cannabis; provided however, a
certified patient or designated caregiver shall be authorized to give
such cultivated cannabis to another certified patient in the amounts
authorized by section thirty-one of this article. Any certified patient
or designated caregiver who is found to be selling such cultivated
cannabis for compensation or other remuneration may be subject to any
relevant penalties in this chapter, the penal law, and the tax law.
* NB Effective February 19, 2026
twenty-one years of age or older may cultivate cannabis for personal
use. Designated caregivers twenty-one years of age or older, caring for
certified patients either younger than twenty-one years of age or whose
physical or cognitive impairments prevent them from cultivating
cannabis, may cultivate cannabis for use by such patients, provided that
no other caregiver is growing for said patient or patients. All
cultivation under this section shall be in accordance with section
222.15 of the penal law and any regulations made by the board, provided
that the maximum number of cannabis plants a designated caregiver is
authorized to grow is proportionately increased for each patient they
are growing for.
* NB Effective until February 19, 2026
* § 41. Home cultivation of medical cannabis. 1. Certified patients
eighteen years of age or older may cultivate cannabis for personal
medical use. Designated caregivers eighteen years of age or older,
caring for certified patients either younger than eighteen years of age
or whose physical or cognitive impairments prevent them from cultivating
cannabis, may cultivate cannabis for use by such patients, provided that
no other caregiver is growing for said patient or patients. Cultivation
under this section shall be in accordance with section 222.15 of the
penal law and any regulations made by the board, provided that the
maximum number of cannabis plants a designated caregiver is authorized
to grow is proportionately increased for each patient they are growing
for.
2. Nothing in this section shall be construed to permit any certified
patient or designated caregiver to sell any cultivated cannabis produced
by any cannabis plant which is or was cultivated for a certified patient
pursuant to this section to any other person, even if the certified
patient no longer needs or wants such cannabis; provided however, a
certified patient or designated caregiver shall be authorized to give
such cultivated cannabis to another certified patient in the amounts
authorized by section thirty-one of this article. Any certified patient
or designated caregiver who is found to be selling such cultivated
cannabis for compensation or other remuneration may be subject to any
relevant penalties in this chapter, the penal law, and the tax law.
* NB Effective February 19, 2026