By Luke Sumpter

Can you legally grow cannabis in New York? Not just yet. However, cultivators in the state could find themselves gaining this newfosiund freedom just in time for 4/20. Continue reading to discover the chances of this epic event unfolding, what could disrupt it, and what the new cultivation laws will look like.


Approval of Home Cannabis Cultivation in New York

Citizens of New York are set to receive the green light to grow weed at home. The new rules, which have already received initial approval by the state’s Cannabis Control Board (CCB), will allow adults aged 21 and older to grow up to six plants. Up until now, New York has remained one of the few states to legalize the adult use of cannabis without permitting cultivation. This could all be about to change right in time with 4/20, the largest annual cannabis event, if the regulations make it past the final hurdle.

New York weed

Will New York Go Green in Time for 4/20?

The New York State CCB first approved the new regulations on February 16th, 2024. Since then, the proposed rule change has undergone a 60-day public comment period that ended on April 16th. During this time, citizens had the opportunity to write emails and letters to the Office of Cannabis Management (OCM) to raise concerns and challenges regarding the proposed changes in cannabis cultivation law. Now that the comment period has ended, things will go one of two ways. If no significant changes are proposed by the public, the OCM will represent the regulations to the CCB for final approval. Alternatively, a strong challenge from public voices will force the OCM to present the CCB with revised regulations, and a further 45-day public comment period will ensue—delaying the legalization of home cultivation.

While delays are unlikely to curtail the legalization of home cultivation, receiving a green light within the coming days will mean New York cultivators could sow seeds as soon as 4/20, giving cannabis fans even more of a reason to celebrate.

A document[1] published by the OCM has outlined the rules that New York growers over the age of 21 need to adhere to in order to stay within the legal boundaries. The regulations state that individual growers may cultivate no more than six plants at once. This includes a maximum of three immature plants that have not entered the flowering stage, and three mature blooming plants. This means cultivators will have to carefully time when they sow seeds and transition plants from the vegetative stage into the flowering stage. Despite this individual limit, the regulations state that the amount of plants per private residence may not exceed six mature plants and six immature plants, regardless of the number of adults living there.

The new rules also lay out possession limits. New York growers will be allowed to possess up to 5lbs (2.26kg) of trimmed cannabis flowers at one time from plants grown in or on the grounds of their private residence. Citizens also have the option of possessing cannabis concentrates that derive from this amount of trimmed flowers, or a mix of concentrates and dried flowers, as long as the total does not exceed this limit.

Plant and possession limits aside, NY marijuana growers are expected to adhere to safety regulations that include:

  • Cannabis plants must be stored in a secure location outside of public view
  • Cannabis must be stored in a way that prevents access to residents under the age of 21
  • Growers can only cultivate plants on one site, not spread across multiple properties
  • Growers must limit odour issues if they become a nuisance to neighbours

A quick look at these rules makes it clear that growers in New York have found themselves in a favourable position compared to most regions in the world. Relatively generous plant and possession limits mean individuals will have enough freedom to supply themselves with a constant stream of homegrown cannabis.

Growing weed in New York rules

Local Businesses Will Sell Cannabis Plants

Alongside the initial regulatory approval of home cultivation rules on February 16th, the state CCB also approved 109 additional cannabis business licences to retail dispensaries and cultivators in New York. When home growing goes legal, retail dispensaries, microbusinesses, and other registered organisations with dispensing licences will sell adult-use immature cannabis plants to consumers straight off the shelves. However, these plants will only exchange hands for the purposes of private home cultivation, and strict regulations will ensure the proper handling and marketing of these products.

Businesses must first obtain an active Nursery Dealer Registration Certificate from the New York State Department of Agriculture and Markets in order to legally sell immature plants to adult growers. Nurseries are also required to correctly label each plant, detailing the name of the strain, the date of harvest, a warning to keep them away from children, and any other information required by the OCM in the future.

Seed sales in the state will continue as normal since the Federal Agriculture Improvement Act of 2018 legalized the sale of cannabis seeds across the United States. Home growers will have a broad choice when it comes to sourcing seeds, and can legally purchase them from dispensaries or online stores.

Whether home cannabis cultivation goes legal in time for 4/20 or becomes subject to a secondary public comment period, growers in the state will inevitably receive the green light in the near future. The new regulations propose a massive shift in the way the state views cannabis, and will provide growers with the legal means of procuring enough weed for personal consumption. But what big moves came previously to lay the groundwork for this huge green step forward?

The roots of this progress can be traced back to the legalization of medical cannabis in New York in 2014. Governor Andrew Cuomo signed legislation that enabled the state Department of Health to launch a medical marijuana programme that gave license to private growers to set up medical dispensaries. In 2018, Cuomo went on to prompt state legislatures to fund research into the potential effects of legalizing recreational cannabis. The findings of this investigation recommended legalization based on economic and public health benefits.

In 2019, Cuomo further decriminalised recreational cannabis by issuing only minor fines for possession of under two ounces (56g) but didn’t legalize it at the time. The legalization of recreational cannabis use finally took place in 2021 as part of the Cannabis Regulation and Taxation Act (MRTA). Signed into law by Cuomo, the MRTA enabled adults 21 and older to possess up to 5lbs (2.2kg) of cannabis privately in their own homes and also set the groundwork for the legal recreational cultivation we’re seeing come to fruition now.

Legal weed grow in New York

Will New York See a Historical 4/20 This Year?

New York stands on the cusp of legal recreational cannabis cultivation. With the first public comment period over and the proposed regulation now being presented to the CCB again for final approval, adults in the state could receive the green light to start growing weed at home just in time for 4/20, a move that would unify this momentous day with the beginning of a new era of legal cultivation. Failing this, growers in the state may have to ensure another, shorter public comment period before they can start cultivating a stash on their own property. Either way, the legalization of home cultivation seems inevitable in New York in the coming months.

Disclaimer:
This content is for educational purposes only. The information provided is derived from research gathered from external sources.

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Privacy Policy - Royal Queen Seeds

To ensure a safe online environment and guarantee adequate data protection, we strictly comply with all legal requirements. In this privacy statement, we provide information about how and for what purpose data is collected, safety measures, storage periods and contact details.


COMPANY NAME: SNORKEL SPAIN, SL (hereinafter ROYAL QUEEN SEEDS)

C/ Vilar d'Abdelà, 5 (nave 1) CP: 08170 de Montornès del Vallès

+34 937 379 846

support@royalqueenseeds.com


The present Privacy Policy sets out the terms on which we will treat personal data at ROYAL QUEEN SEEDS; this includes any personal data collected through our website https://www.royalqueenseeds.com/ as well as any other data we process in the course of our business activities.

ROYAL QUEEN SEEDS collects the following personal data for the purposes listed below:

SECTION 1 – PERSONAL INFORMATION WE COLLECT

1.1 Account purchases

Account purchases can only be made if you are in possession of a personal account. When you create an account or purchase something from our shop, as part of the buying and selling process we collect the following personal information that you provide to us:

This information is required for delivery. In addition, when you browse our shop, we automatically receive the Internet Protocol (IP) address of your computer. Based on this information, we can optimise your online experience and at the same time protect our online environment.

Purpose of data collection

We collect and store account-related data for the following purposes:

(a) to carry out obligations arising from any contracts between you and us, and to provide you with information, products and services that you may request from us;

(b) to set up, manage and communicate with you about your account and your orders;

(c) to conduct market research and analysis;

(d) to confirm your age and identity, and to detect and prevent fraud.

1.2 Newsletters

With your explicit permission, we may send you newsletters about our shop, new products and other updates. We send newsletters based on your explicit consent. In the event that you purchase a product, and in accordance with current regulations, we may send you commercial communications in accordance with the legitimate interest of our company, always about products or services similar to those you have purchased or contracted. In any case, you may exercise your right of opposition through the channels announced in this Privacy Policy. The following information is collected in relation to the newsletter:

We do not need to know the sex of the person in order to send the newsletter (data minimisation: by law we must ask for data that is strictly necessary to provide the service, and in this case knowing the sex is not necessary to send the newsletter).

Purpose of data collection

The data collected is used to:

(a) personalise our emails, including your name and gender;

(b) provide gender-specific content.

You can withdraw your consent at any time by using the link provided in the newsletter or the contact information provided in section 2.

1.3 Customer service and contact form

In order to provide appropriate support, our customer service employees have access to information related to the account. Consequently, their support will be highly effective and friendly. The data provided in our contact form is used by our CRM provider, SuperOffice. We will only use your details to respond to your message.

SECTION 2 – LEGITIMATE INTEREST

If you have purchased any of our products, please note that we may process your personal data for promotional purposes, based on Royal Queen Seeds' legitimate interest only to offer you products or services from our company and about products or services similar to those you have purchased. You may exercise your right to opt out of future messages by the means set out in this Privacy Policy or through any notification you receive.

2.1 How do you withdraw consent?

If you change your mind, you can withdraw your consent for us to contact you for the purpose of collecting, using, or disclosing your data at any time by reaching out to us at: support@royalqueenseeds.com.

SECTION 3 – DISCLOSURE

We may disclose your personal information if we are required to do so by law or if you breach our Terms of Service.

SECTION 4 – HOW LONG DO WE KEEP YOUR DATA?

At Royal Queen Seeds, we will not retain your data for longer than is necessary for the purposes described in this Policy. Different retention periods apply for different types of data; however, the longest period we will normally hold any personal data is 10 years.

4.1 Account information

Data relating to the account remains relevant for as long as the consumer is in possession of an account. Therefore, the data remains documented for as long as the account exists. When our customers delete an account, the associated data will be deleted within a reasonable period of time. Requests regarding the inspection or correction of stored personal data or the deletion of an account can be sent to support@royalqueenseeds.com.

4.2 Newsletters

In the event that you give us your consent to inform you about our products or services, we will keep your data until you express your wish not to receive any further communications from us. However, we regularly (every month) carry out a relevance check. Registered customers (and their personal information) will be deleted whenever customers do not reply to our request. In addition, our newsletter mailing has an opt-out feature. Consumers can withdraw their consent by using this opt-out feature.

SECTION 5 – COOKIES

Cookies are small information files that notify your computer of previous interactions with our website. These cookies are stored on your hard drive, not on our website. Essentially, when you use our website, your computer displays its cookies to us, informing our site that you have visited before. This allows our website to function more quickly and remember aspects related to your previous visits (such as your username), making your experience more convenient. At Royal Queen Seeds, we use two types of cookies: functional and analytical.

5.1 Functional Cookies

Functional cookies are used to enhance your online experience. Among other things, these cookies track what is added to your shopping cart. The use of these cookies does not require prior authorization.

5.2 Analytical Cookies

Analytical cookies are used for research and market analysis. The data collected with these analytical cookies is anonymous, making it unusable for third parties. The use of these cookies does not require prior authorization.

SECTION 5 – THIRD-PARTY SERVICES

Third-party services are required to conduct transactions and provide our services. In general, the third-party providers we use will only collect, use and disclose your information to the extent necessary to enable them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies regarding the information we must provide to them for your transactions.

We encourage you to read the privacy policies of these providers so that you can understand how these providers will handle your personal information.

In particular, certain suppliers may be located or have facilities located in a different jurisdiction than yours or ours. Therefore, if you choose to proceed with a transaction involving the services of a third party, your information may be subject to the laws of the jurisdiction in which that service provider or its facilities are located.

Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or the Terms of Service of our website.

Web analytics service (anonymous data)

On this website we have integrated an element of a web analytics service (with anonymisation functionality). Web analytics can be defined as the gathering, processing and analysis of data about the behaviour of visitors to websites. An analytics service collects, among other things, data about which website a person came from (the so-called referrer), which sub-pages they visited or how often and for how long they visited a sub-page. Web analytics is mainly used for website optimisation and for a cost–benefit analysis of internet advertising.

Courier service

To complete deliveries we use a courier service. This courier service carries out the delivery between our company and the consumer's home. To complete these logistics, the company requires access to the consumer's name and address information.

Mailing service

Royal Queen Seeds uses a third-party mail service provider to send its newsletter. This provider has access to limited account information related to opt-in consent (e.g. email address).

Marketing services

Royal Queen Seeds has the support of a company that specialises in marketing and communication activities. Their access to personal information is very limited and mostly anonymous.

Payment services

At Royal Queen Seeds we use external payment services to handle our transactions (e.g. credit card payments).

SECTION 6 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry standard best practices to ensure that it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored using AES-256 encryption. Although no method of transmission over the internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional industry standards that are commonly accepted. Information related to the account is protected with a hashing method. This method transforms the information into a generated hash. As a result, confidential information is protected and invisible, even to us. In addition, our databases are exceptionally protected against unauthorised access. For example, access to the database is only possible and permitted via approved IP addresses (e.g. from Royal Queen Seeds headquarters). Other attempts and addresses are rejected at all times.

Furthermore, data is anonymised as much as possible, so it cannot be directly linked to a specific consumer. With this data, however, we may be able to carry out market research and analysis. In addition, the third parties concerned (e.g. mailing service) are examined prior to our collaboration, comply with the GDPR from the EU and receive a processing agreement. Within Royal Queen Seeds, employees are assigned different access permissions. Specific permission provides access only to information that is strictly required to perform a task. Digital security measures are subject to change and must meet high requirements to ensure the safety of online customers. That is why, at Royal Queen Seeds, we appoint a security officer. Regular verification and improvement of security measures (where necessary) are part of the role.

SECTION 7 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time, so please check back regularly. Changes and clarifications will be effective immediately upon being published on the Website. If we make substantial changes to this policy, we will notify you here that it has been updated so you will know what information we collect, how we use it and under what circumstances, if any, we use and/or disclose it.

SECTION 8 – YOU HAVE THE RIGHT TO: