New York Cannabis Information Portal
(518) 345-7480

Chautauqua County Cannabis – Is It Legal & Where To Buy 2025

  1. New York Cannabis
  2. Chautauqua Cannabis Overview

Is Cannabis Cultivation Legal in Chautauqua County?

The State of New York’s Marihuana Regulation and Taxation Act (MRTA) or Chapter 7A of the Consolidated Laws of New York, enacted on March 21, 2021, legalized the use of medical cannabis by medical cannabis cardholders and adult-use cannabis by people 21 years of age or higher. The MRTA also legalized licensed cannabis cultivation in Chautauqua County for medical and adult use.

The Office of Cannabis Management (OCM) was established by the MRTA to regulate medical and adult-use cannabis in the state. It is under the oversight of the Cannabis Control Board, which is the approving body for medical and adult-use cannabis business licenses.

A medical cannabis registered organization is licensed to cultivate, process, sell by retail, and deliver medical cannabis to medical cannabis cardholders. The organization may also apply for the registered organization adult-use cultivator processor distributor retail dispensary license to be able to do all those for adult-use cannabis, as well.

There is also an adult-use conditional cultivator license (AUCC) which was only open to applications from March 15 to June 30, 2022, by hemp cultivators already holding licenses under the Industrial Hemp Research Pilot Program of the Department of Agriculture and Markets. The license authorizes the holder to grow adult-use cannabis that contains tetrahydrocannabinol (THC) of more than 0.3%, manufacture adult-use cannabis products only until June 30, 2024, and sell these to other licensed adult-use cannabis businesses only until June 1, 2023.

As of June 14, 2023, there were 284 AUCC licenses issued in the State of New York, with four located in Chautauqua County.

The OCM’s Guidance for Adult-Use Conditional Cultivators requires licensees to opt for only one among these cultivation options:

  • Fully indoor cultivation within a greenhouse allows up to 25,000 square feet of flowering cannabis canopy
  • Mixed indoor and outdoor cultivation allows up to 30,000 square feet of flowering cannabis canopy, but 20,000 square feet must be indoors
  • Fully outdoor cultivation allows up to 43,560 square feet of flowering cannabis canopy

Home cultivation of medical cannabis is allowed for personal use only by medical cannabis cardholders not below the age of 21 in the State of New York without the need for a license but is subject to the Personal Home Cultivation of Medical Cannabis Regulations and Medical Cannabis Home Cultivation Guide of the OCM. This includes the requirement that the home is the qualified grower’s primary private residence and is not located on federal property. Only three immature and three mature female medical cannabis plants are allowed in one residence regardless of the number of medical cannabis cardholders residing in it. The plants may be grown outdoors or indoors but must be in an area not shared with other residences, must not be visible to the public, and must be secured against access by unauthorized people under the age of 21. Municipal governments are not allowed to ban the home cultivation of medical cannabis by medical cannabis cardholders.

The home cultivation of adult-use cannabis for personal use will be allowed once regulations for it have been issued by the OCM, which must be no later than 18 months after adult-use cannabis retail sales began (December 29, 2022). Once allowed, the home cultivation of adult-use cannabis by qualified individuals cannot be banned by municipal governments. A person not below the age of 21 will be allowed to grow three immature and three mature female cannabis plants at home. If a household has several qualified adult residents, though, they can only grow up to six immature and six mature female cannabis plants. The cultivation area must also be secured against accessibility to people under the age of 21.

Is Cannabis Manufacturing Legal in Chautauqua County?

The legalization of medical and adult-use cannabis in the State of New York by the MRTA also legalized licensed medical and adult-use cannabis product manufacturing in Chautauqua County.

In addition to medical cannabis registered organizations manufacturing medical cannabis products and registered organization adult-use cultivator processor distributor retail dispensary licensees manufacturing adult-use cannabis products, there is also an adult-use conditional processor license (AUCP) that the OCM opened to applications from June 28 to August 31, 2022, exclusively to hemp processors that had already held a license from the Cannabinoid Hemp Program or had previously applied for a license from it before January 1, 2022. The AUCP license authorizes the holder to only manufacture adult-use cannabis products until June 1, 2023. They are allowed to apply for a new license after that date, though.

As of June 23, 2022, 39 AUCP licenses have been issued in the State of New York, with none located in Chautauqua County.

The Adult-Use Conditional Processor Terms and Conditions and Guidance of the OCM only allow the production of the following forms of adult-use cannabis:

  • Cannabis shakes and flowers
  • Tinctures
  • Concentrates
  • Pre-rolls
  • Tablets
  • Capsules
  • Edible products
  • Beverages, even as six-packs
  • Vape cartridges or pens
  • Topical products
  • Other items approved by the OCM

Edible cannabis products must not resemble commercial snack food or candies.

Unless approved by the Cannabis Control Board in writing, all adult-use cannabis products must not have more than 10% total terpene content. Any adult-use cannabis product to be consumed orally must have a maximum of 10 milligrams of THC per serving, with a multi-serving package not containing more than 100 milligrams of THC. For topical formulations and tinctures, the maximum allowable amount of THC is 1,000 milligrams. All packages and labels must comply with Cannabis Control Board regulations.

Medical cannabis cardholders not below the age of 21 who are growing medical cannabis at home for personal use are not allowed to use alcohol, butane, and propane when processing cannabis concentrates, oils, waxes, or ash. Once the home cultivation of adult-use cannabis for the personal use of people not below the age of 21 is allowed, they will also be subject to the same home processing restrictions.

Is Cannabis Retail Legal in Chautauqua County?

The State of New York’s MRTA legalized the licensed retail selling in Chautauqua County of medical cannabis and medical cannabis to medical cannabis cardholders as well as adult-use cannabis and adult-use cannabis products to people not below the age of 21. The MRTA also allowed municipalities, however, to opt out of having within their territories licensed adult-use cannabis dispensaries or consumption sites.

As of March 22, 2023, both cities in Chautauqua County, four out of 27 towns, and two out of 13 villages opted into allowing licensed adult-use cannabis dispensaries in their jurisdictions. None of the seven census-designated places did so, though. The municipalities that opted in are:

  • The City of Jamestown
  • The City of Dunkirk
  • The Town of Pomfret
  • The Town of Mina
  • The Town of Dunkirk
  • The Town of Arkwright
  • The Village of Sherman
  • The Village of Fredonia

All of them, except Mina County, also opted into having licensed adult-use cannabis consumption sites.

Medical cannabis registered organizations are authorized to sell medical cannabis and medical cannabis to medical cannabis cardholders while registered organization adult-use cultivator processor distributor retail dispensary licensees are authorized to sell adult-use cannabis and adult-use cannabis products to people not below the age of 21.

In addition, the OCM also grants the conditional adult-use retail dispensary license (CAURD) and the adult-use cannabis on-site consumption license, both authorized to sell adult-use cannabis and adult-use cannabis products to qualified adults. Not more than 270 days or less than 30 days before applying for the CAURD or the on-site consumption license from the OCM, applicants are required to notify the municipality they will be located in.

As of June 20, 2023, 15 final licenses had been issued for CAURD in the State of New York, along with 92 provisional licenses. None of them are located in Chautauqua County.

According to the OCM’s CAURD Delivery Guidance, CAURD licensees are allowed to operate temporarily by delivery only without a physical store in the first 12 months after receiving their final license. After this, they must have a physical dispensary facility.

Rules set by the Guidance for Adult-Use Retail Dispensaries that must be complied with by all licensed adult-use cannabis dispensaries are as follows:

  • The licensed dispensary cannot be established on a street where there is a school, church, or any community-used facility.
  • The licensed dispensary must keep a distance of more than 500 feet from any school, church, or community-used facility.
  • In a municipality with 20,000 residents or more, a licensed dispensary must keep a distance of more than 1,000 feet from another licensed adult-use or medical cannabis dispensary.
  • In a municipality with fewer than 20,000 residents, a licensed dispensary must keep a distance of more than 2,000 feet from another licensed adult-use or medical cannabis dispensary.
  • The operating hours of the licensed dispensary are from 8 a.m. to 2 a.m. unless extended by municipal ordinance.
  • The licensed dispensary is only allowed to sell adult-use cannabis and products that licensed adult-use cannabis manufacturers are allowed to produce.
  • The licensed dispensary is also allowed to sell paraphernalia used for cannabis, merchandise sporting the dispensary’s brand, stationery, gift items, and other small items.
  • The licensed dispensary must issue a receipt to the consumer for every sale.
  • The licensed dispensary must log all stocks and sales in an inventory tracking system.
  • The licensed dispensary must ensure the facility’s security against trespassing and theft.
  • The inclusion of a pick-up lane or a drive-through window requires prior approval from the OCM.

The purchase limit for qualified consumers at a licensed adult-use cannabis dispensary corresponds to the possession limit for people not below the age of 21, which is 24 grams of cannabis concentrate and three ounces of cannabis or the equivalent in adult-use cannabis products.

Licensed medical cannabis dispensaries are allowed to sell to medical cannabis cardholders only a maximum of a 60-day supply of medical cannabis and medical cannabis products in the same period, based on the patient’s healthcare provider certification. The allowed forms of medical cannabis and medical cannabis products include immature cannabis plants and seeds for home cultivation, cannabis flowers, ground cannabis plant parts, tinctures, tablets, capsules, lozenges, oral powders, oral sprays, vaping cartridges or pens, and transdermal patches, among others.

Is Cannabis Delivery Legal in Chautauqua County?

The MRTA of the State of New York legalized in Chautauqua County the delivery of medical cannabis and medical cannabis to medical cannabis cardholders and the delivery of adult-use cannabis and adult-use cannabis products to people not below the age of 21.

Medical cannabis registered organizations are authorized to deliver to medical cannabis cardholders. Registered organization adult-use cultivator processor distributor retail dispensary licensees and CAURD licensees are authorized to deliver to people who are not below the age of 21. CAURD licensees may sell by delivery only in their first year and may deliver from their physical stores thereafter.

The CAURD Delivery Guidance states that licensed adult-use cannabis dispensaries may only make deliveries using vehicles they own during their operating hours to non-mobile homes or private business addresses of qualified consumers within the state. If the vehicle is enclosed, it may carry up to $20,000 worth of cannabis and cannabis products. If the delivery is on foot or via an unenclosed vehicle, only up to $5,000 worth of cannabis and cannabis products may be carried.

How to Get a Medical Marijuana Card in Chautauqua County

Chautauqua County patients can get a medical cannabis card if a qualified medical practitioner has diagnosed them to have one of the following qualifying medical conditions:

  • Alzheimer’s disease
  • Pain that is causing health degradation
  • Multiple sclerosis
  • Rheumatoid arthritis
  • Parkinson’s disease
  • Neuropathies
  • Substance use disorder
  • Cancer
  • Dystonia
  • Inflammatory bowel disease
  • Epilepsy
  • Autism
  • HIV/AIDS
  • Huntington’s disease
  • Post-traumatic stress disorder (PTSD)
  • Amyotrophic lateral sclerosis (ALS)
  • Muscular dystrophy
  • Spinal cord nerve tissue damage with intractable spasticity
  • Any medical conditions deemed eligible by the health practitioner

If the patient is qualified, the physician’s certification will be electronically submitted to the Medical Cannabis Data Management System (MCDMS) via the online Health Commerce System (HCS) by the medical practitioner. A printout will be provided for the patient.

With the required documents prepared, the patient need only follow the online patient registration instructions. Up to five caregivers may help each patient below 18 or adult patients needing assistance, with all caregivers to be named in the application. The patient’s application must be approved before the caregivers must also register online.

The medical cannabis card will be mailed but before then, a temporary card may be printed from the patient’s and caregiver’s registry account once their applications have been approved.

The public may contact the OCM by:

Phone: 888-OCM-5151 (888-626-5151)

Email: medical@ocm.ny.gov

How Has Cannabis Legalization Impacted the Economy of Chautauqua County?

According to the Department of Taxation and Finance, the State of New York imposes a 7% excise tax to be paid by Medical cannabis registered organizations on sales of medical cannabis and medical cannabis products. They are not allowed to pass on this tax to medical cannabis cardholders.

Adult-use cannabis is taxed as follows:

  1. Licensed adult-use cannabis cultivators and manufacturers must pay:
    1. $0.03 per milligram of THC contained in sold edible cannabis, including beverages
    2. $0.008 per milligram of THC contained in sold cannabis concentrate
    3. $0.0005 per milligram of THC contained in sold cannabis pre-rolls, shakes, and flowers
  2. Licensed adult-use cannabis dispensaries must pay:
    1. 9% of the price of cannabis and cannabis products sold as state excise tax
    2. 4% of the price of cannabis and cannabis products sold as local excise tax, from which 75% goes to the municipality and 25% goes to the county

Since there are no adult-use cannabis dispensaries in Chautauqua County, the county does not benefit from the local excise tax on adult-use cannabis and cannabis products. However, the county may still benefit in some way from the state allocation of all state tax revenues from medical and adult-use cannabis. While the tax revenues are mainly used for the MRTA administration, 40% of the excess goes to the State Lottery Fund, 40% goes to the Community Grants Reinvestment Fund, and 20% goes to the Drug Treatment and Public Education Fund.

The Effects of Cannabis Legalization on Crime Rates in Chautauqua County

Medical cannabis was first legalized in Chautauqua County in 2016, and the law was amended to include the legalization of adult-use cannabis in 2021.

Data sent by the Chautauqua County Sheriff's Office to the Crime Explorer page of the FBI shows that in 2015, a year before the legalization of medical cannabis, there were 36 marijuana possession arrests and no marijuana sales arrests.

In 2017, a year after the legalization of medical cannabis, there were 118 marijuana possession arrests and no marijuana sales arrests.

In 2019, there were 94 marijuana possession arrests and one marijuana sales arrest, totaling 95 marijuana offense arrests.

In 2021, the latest available data showed 29 marijuana possession arrests and no marijuana sales arrests.

In those years, the number of DUI arrests was as follows:

  • 2015: 270 arrests
  • 2017: 221 arrests
  • 2019: 220 arrests
  • 2021: 151 arrests