Who Can Legally Grow Marijuana Right Now In New York State?

Adult-use marijuana is legal in New York State, but who can legally grow pot? New York has certainly limited the legal growth of cannabis.

Jasmine Burems, co-owner of Claudine Field Apothecary farms, prepares to pluck a cannabis leaf as she gives a tour of her farm on October 07, 2022 in Columbia County, New York. NYS Office of Cannabis Management (OCM) made its final stop in its Harvest Tour at Claudine Field Apothecary farms, a Columbia County farm, whose farmers received a Conditional Cultivation license and are one of the first Black farmers in the legal adult-use cannabis industry. The OCM was created following the passing of the Marijuana Regulation and Taxation Act in March, 2021. The office upholds a framework for the production, licensing, packaging, marketing, and sale of cannabis for both medical and adult use in New York. (Photo by Michael M. Santiago/Getty Images)

There are only 52 farms that were granted the first Cannabis Conditional Cultivator Licenses to grow cannabis in New York State. That's about a third of the more than 150 farms that applied for licenses from the Office of Cannabis Management. And to put it in perspective, there are 62 counties in New York State, so that's less than one farm per county.

Governor Kathy Hochul signed legislation, S.8084-A/A.9283-A, on February 22, 2022, which allowed existing hemp farmers to grow marijuana. With a Conditional Cultivators License, New York farmers can grow marijuana outside or in a greenhouse for up to two years.

Outside of licensed farmers, can regular New Yorkers grow weed?

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Certain People In New York Can Now Legally Grow Marijuana At Home

New York State now allows certain people to legally grow cannabis at home. As of Wednesday, October 5, 2022, it is now legal to grow medicinal cannabis at home.

Only certified patients (patients) and designated caregivers (caregivers) 21 years of age or older, registered with the medical cannabis program can cultivate (grow) medical cannabis.

While people over the age of 18 can purchase medical marijuana, New York law says that they are not permitted to grow it at home.

To participate in home cultivation, patients under the age of 21, or whose physical or cognitive impairments prevent them from cultivating cannabis, would need to designate a caregiver to grow medical cannabis on their behalf.