N.Y. Cannabis Law § 41: Home 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.