Lawyer, David Feder has just posted the following on Linked In
BREAKING: The NYS Office of #Cannabis Management has just issued their draft home cultivation rules. These will be available for public comment as soon as they hit the state register. The full text of the proposed regulations is in the images below.
The rules set forth that certified medical cannabis patients can grow up to 6 plants at home per person and up to 12 plants at any particular home (in the case of multiple patients in one house).
Caregivers can grow up to 6 plants for a patient they represent, plus one additional plant per each additional patient they represent (appears to be no cap).
One particular provision made me do a double-take. It sets forth the following:
“No landlord may refuse to lease, or otherwise penalize a certified patient or designated caregiver solely for engaging in medical cannabis activity as authorized by this Part and in accordance with Cannabis Law.”
It appears that certified medical cannabis patients or their designated caregivers will be allowed to grow cannabis at home, even in an apartment building, and their landlords can’t prevent them from doing so?!?! 🤯 🤯 🤯
I imagine this provision is going to ruffle some feathers….