Hemp growers in New York can legally apply for a license to grow cannabis in the state.
New York State legalized adult use cannabis for individuals over 21 through the Marijuana and Taxation Act (MRTA), enacted on March 31, 2021. Only businesses licensed by the New York Office of Cannabis Management may sell it.
The law also created a new Adult-Use Conditional Cultivator license that authorizes eligible hemp growers to apply for a license to grow cannabis containing over 0.3% THC for the adult-use market.
The application window for the Adult-Use Conditional Cultivator License approved by the Cannabis Control Board closed on June 30, 2022.
If you want to apply for a New York growers license as soon as the state allows new applicants, the following information may be useful.
Cannabis vs. hemp
Hemp and adult-use cannabis are both derived from the marijuana plant but are classified differently. Hemp is considered a variety of cannabis that contains 0.3% or less tetrahydrocannabinol (THC). Adult-use cannabis and medical cannabis can contain more than 0.3% THC – which induces a feeling of being high.
Although cannabis use is illegal under federal law, the Justice Department has formally reclassified marijuana as a less dangerous drug. Formerly a Schedule I drug, alongside heroin and LSD, pot is now instead classified as a Schedule III substance, alongside ketamine and some anabolic steroids.
In 2018, Congress legalized hemp growing if the plants do not contain more than 0.3% of THC (dry weight).
As of the latest updates, 24 states in the U.S. have legalized the recreational use of marijuana, and 38 states have legalized it for medical use. Additionally, three U.S. territories and the District of Columbia have also legalized recreational use.
Is it legal to grow weed in New York?
Adults 21 and older in New York State can grow up to three mature and three immature plants at any one time for personal use only; no residence can have more than six mature and six immature plants. Selling, trading, or bartering homegrown cannabis is prohibited.
Individuals must have a license to cultivate cannabis for commercial use.