BILL NUMBER: S7387
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the cannabis law, in relation to the sale of immature
cannabis plants for personal cultivation
 
PURPOSE:
The purpose of this legislation is to allow the sale of immature canna-
bis plants by retail dispensary, microbusiness and nursery to consumers
for personal cultivation.
 
SUMMARY OF PROVISIONS:
Section 1: Section 3 of the Cannabis law is amended by adding a new
subdivision 28-a which defines immature cannabis plants.
Section 2: Subdivision 1 of section 72 of the cannabis law is amended to
authorize licensed cannabis retail dispensaries to sell up to three
immature cannabis plants to individuals for personal home cultivation.
Section 3: Subdivision 1 of section 73 of the cannabis law is amended is
amended to authorize license cannabis microbusiness to sell up to three
immature cannabis plants to individuals for personal home cultivation.
Section 4: Subdivision 1 of section 75 of the cannabis law is amended is
amended to authorize licensed cannabis nurseries to sell up to three
immature cannabis plants to individuals for personal home cultivation.
Section 5: Authorizes the Cannabis Control Board to promulgate rules and
regulations necessary to implement.
Section 6: Establishes the effect date.
 
JUSTIFICATION:
In February 2024, the Cannabis Control Board adopted regulations which
allowed for the home cultivation of cannabis for those individuals over
21 years of age. The regulations allow for an individual to grow up to
three mature and three immature plants and limits residences to six
mature plants and six immature plants.
The regulations stated that consumers would be able to legal purchase
seeds and immature plants once licensed nurseries are operational. To
date, the Office of Cannabis Management (OCM) has not issued any
licenses for cannabis nurseries, nor has it issued any draft regulations
for nursery licenses. In their 2024 Annual Report the OCM "recommend
authorizing licensed nurseries and microbusiness to sell seedlings and
clones directly to adult-use consumers, certified patients and desig-
nated care givers for home cultivation purposes."
This legislation would authorize licensed Dispensaries, Nurseries and
Micro-businesses to sell up to three immature plants to individuals over
the age of 21. Consumers need to have a legal avenue to purchase canna-
bis plants and this bill ensure that legal avenue.
 
LEGISLATIVE HISTORY:
This is new legislation.
 
FISCAL IMPLICATIONS:
This legislation will result in a small increase in sales tax collection
for both State and Local governments.
 
EFFECTIVE DATE:
This act shall take effect immediately and authorizes the Cannabis
Control Board to promulgate rule and regulation.

Statutes affected:
S7387: 3 cannabis law, 72 cannabis law, 72(1) cannabis law, 73 cannabis law, 73(1) cannabis law, 75 cannabis law, 75(1) cannabis law