Can You Grow Cannabis at Home in New York? Legal Limits, Plant Counts, and Rules Explained

What This Page Covers

• Who can legally grow cannabis in NY
• How many plants are allowed
• Household maximum limits
• Possession limits inside and outside the home
• Where cannabis can be grown
• Landlord restrictions
• Processing and extraction rules
• Safety and nuisance requirements
• What is illegal

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Is Home Grow Legal in New York?

Yes.

Adults 21 years or older may legally cultivate cannabis at home for personal use in New York State.

Home cultivation is for personal use only. Commercial sales require a state license.

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Who Can Grow?

• Adults 21+ may grow at home
• Registered medical patients under 21 may have a designated caregiver cultivate on their behalf

How Many Cannabis Plants Can You Grow in NY?

Per Person

• 3 mature plants
• 3 immature plants

Per Residence (Maximum Cap)

• No more than 6 mature plants total
• No more than 6 immature plants total

The household cap applies regardless of how many adults live there.

If two adults live together, the residence still cannot exceed 6 mature plants.

This is one of the most commonly misunderstood rules.

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How Much Cannabis Can You Possess?

Inside Your Residence

• Up to 5 pounds of trimmed cannabis
• Equivalent weight in concentrates

Outside the Home (Transport Within NYS)

• Up to 3 ounces of cannabis
• Up to 24 grams of concentrate

Possession limits outside the home are significantly lower than what is allowed inside.

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Where Can You Grow Cannabis?

Cannabis may be grown in residential spaces you own or rent, including:

• Houses
• Apartments
• Co-ops
• Mobile homes
• Rooms within a residence

Landlords may only prohibit cultivation if allowing it would cause them to lose federal benefits or federal funding.

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Is It Legal to Sell Homegrown Cannabis?

No.

It is illegal to:

• Sell
• Trade
• Barter
• Exchange

Home cultivation is strictly for personal use.

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Processing Rules: What You Cannot Do

You may make home products such as butter or tinctures.

However:

• The use of flammable extraction methods (such as butane) is prohibited
• Volatile solvent extraction is not allowed
• Safer methods such as heat or water extraction may be used

This is a safety requirement.

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Odor, Safety, and Public View Rules

Home growers must:

• Take reasonable steps to prevent odor from becoming a nuisance
• Reduce public visibility of plants
• Limit theft risk
• Store cannabis out of reach of children and pets

Indoor growers should:

• Avoid electrical overload
• Use proper ventilation
• Monitor humidity and mold
• Follow pesticide safety guidance

Failure to follow nuisance or safety rules can create local enforcement issues even if plant counts are compliant.

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What People Commonly Get Wrong

• Plant limits are per residence, not per adult
• You cannot legally sell homegrown cannabis
• You cannot use butane extraction at home
• 5 pounds is allowed only inside your private residence
• Public possession limits are lower than home limits

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Frequently Asked Questions (FAQ)

Can I grow cannabis in my NY apartment?

Yes, unless your lease prohibits it due to federal funding risk.

Can I grow outdoors?

Yes, but you must reduce public visibility and odor nuisance.

Can I give cannabis to a friend?

Selling or trading is illegal. Personal transfer rules are separate from cultivation law.

Can I ship cannabis?

No. Interstate shipment remains federally illegal.

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Source Material

• NY Office of Cannabis Management (Home Cultivation Overview)
• OCM Personal Home Cultivation Regulations (Part 115)
• Marihuana Regulation and Taxation Act (MRTA)