New York § 41 - 41Home cultivation of medical cannabis

§ 41. 41Home cultivation of medical cannabis

§ 41. Home cultivation of medical cannabis. 1. Certified patients eighteen years of age or older may cultivate cannabis for personal medical use. Designated caregivers eighteen years of age or older, caring for certified patients either younger than eighteen years of age or whose physical or cognitive impairments prevent them from cultivating cannabis, may cultivate cannabis for use by such patients, provided that no other caregiver is growing for said patient or patients. Cultivation under this section shall be in accordance with section 222.15 of the penal law and any regulations made by the board, provided that the maximum number of cannabis plants a designated caregiver is authorized to grow is proportionately increased for each patient they are growing for. 2. Nothing in this section shall be construed to permit any certified patient or designated caregiver to sell any cultivated cannabis produced by any cannabis plant which is or was cultivated for a certified patient pursuant to this section to any other person, even if the certified patient no longer needs or wants such cannabis; provided however, a certified patient or designated caregiver shall be authorized to give such cultivated cannabis to another certified patient in the amounts authorized by section thirty-one of this article. Any certified patient or designated caregiver who is found to be selling such cultivated cannabis for compensation or other remuneration may be subject to any relevant penalties in this chapter, the penal law, and the tax law.