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This entry was published on 2021-04-02
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SECTION 222.15
Personal cultivation and home possession of cannabis
Penal (PEN) CHAPTER 40, PART 3, TITLE M, ARTICLE 222
§ 222.15 Personal cultivation and home possession of cannabis.

1. Except as provided for in section forty-one of the cannabis law,
and unless otherwise authorized by law or regulation, no person may:

(a) plant, cultivate, harvest, dry, process or possess more than three
mature cannabis plants and three immature cannabis plants at any one
time; or

(b) plant, cultivate, harvest, dry, process or possess, within his or
her private residence, or on the grounds of his or her private
residence, more than three mature cannabis plants and three immature
cannabis plants at any one time; or

(c) being under the age of twenty-one, plant, cultivate, harvest, dry,
process or possess cannabis plants.

2. No more than six mature and six immature cannabis plants may be
cultivated, harvested, dried, or possessed within any private residence,
or on the grounds of a person's private residence.

3. The personal cultivation of cannabis shall only be permitted
within, or on the grounds of, a person's private residence.

4. Any mature or immature cannabis plant described in paragraph (a) or
(b) of subdivision one of this section, and any cannabis produced by any
such cannabis plant or plants cultivated, harvested, dried, processed or
possessed pursuant to paragraph (a) or (b) of subdivision one of this
section shall, unless otherwise authorized by law or regulation, be
stored within such person's private residence or on the grounds of such
person's private residence. Such person shall take reasonable steps
designed to ensure that such cultivated cannabis is in a secured place
and not accessible to any person under the age of twenty-one.

5. Notwithstanding any law to the contrary, a person may lawfully
possess up to five pounds of cannabis in their private residence or on
the grounds of such person's private residence. Such person shall take
reasonable steps designed to ensure that such cannabis is in a secured
place not accessible to any person under the age of twenty-one.

6. A county, town, city or village may enact and enforce regulations
to reasonably regulate the actions and conduct set forth in subdivision
one of this section; provided that:

(a) a violation of any such a regulation, as approved by such county,
town, city or village enacting the regulation, may constitute no more
than an infraction and may be punishable by no more than a discretionary
civil penalty of two hundred dollars or less; and

(b) no county, town, city or village may enact or enforce any such
regulation or regulations that may completely or essentially prohibit a
person from engaging in the action or conduct authorized by subdivision
one of this section.

A violation of this section, other than paragraph (a) of subdivision
six of this section, may be subject to a civil penalty of up to one
hundred twenty-five dollars per violation.

7. The office of cannabis management shall issue regulations for the
home cultivation of cannabis. The office of cannabis management shall
enact, and may enforce, regulations to regulate the actions and conduct
set forth in this section including requirements for, or restrictions
and prohibitions on, the use of any compressed flammable gas solvents
such as propane, butane, or other hexane gases for cannabis processing;
or other forms of home cultivation, manufacturing, or cannabinoid
production and processing, which the office determines poses a danger to
public safety; and to ensure the home cultivation of cannabis is for
personal use by an adult over the age of twenty-one in possession of
cannabis plants, and not utilized for unlicensed commercial or illicit
activity, provided any regulations issued by the office shall not
completely or essentially prohibit a person from engaging in the action
or conduct authorized by this section.

8. The office of cannabis management may issue guidance or advisories
for the education and promotion of safe practices for activities and
conduct authorized in subdivision one of this section.

9. Subdivisions one through five of this section shall not take effect
until such a time as the office of cannabis management has issued
regulations governing the home cultivation of cannabis. The office shall
issue rules and regulations governing the home cultivation of cannabis
by certified patients as defined in section three of the cannabis law,
no later than six months after the effective date of this article and
shall issue rules and regulations governing the home cultivation of
cannabis for cannabis consumers as defined by section three of the
cannabis law no later than eighteen months following the first
authorized retail sale of adult-use cannabis products to a cannabis
consumer.