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

Is Cannabis Cultivation Legal in Jefferson County?

Yes, cannabis cultivation is legal in Jefferson County. The State of New York’s Compassionate Care Act, signed in 2014, legalized medical cannabis use by medical cannabis cardholders and medical cannabis cultivation. The state’s Marihuana Regulation and Taxation Act (MRTA) or Chapter 7A of the Consolidated Laws of New York, enacted on March 21, 2021, legalized adult-use cannabis and its cultivation in the state.

The MRTA created the Office of Cannabis Management (OCM) for the joint regulation of medical and adult-use cannabis throughout the state. The OCM Cannabis Control Board is the approving authority for medical and adult-use cannabis regulations and business licenses.

A medical cannabis registered organization license granted by the OCM is needed for the cultivation of medical cannabis in Jefferson County. The holder may also manufacture medical cannabis products and sell by retail and deliver medical cannabis and medical cannabis products to medical cannabis cardholders.

A registered organization adult-use cultivator processor distributor retail dispensary license also from the OCM is needed to cultivate adult-use cannabis in Jefferson County. The holder is also allowed to manufacture adult-use cannabis products as well as sell by retail and deliver adult-use cannabis and adult-use cannabis products to consumers aged 21 and above.

The adult-use conditional cultivator license (AUCC) was open for applications, from March 15 to June 30, 2022, only from licensed hemp cultivators of the Industrial Hemp Research Pilot Program handled by the Department of Agriculture and Markets. Holders of the AUCC license are permitted to grow adult-use cannabis with a tetrahydrocannabinol (THC) content above 0.3% and manufacture adult-use cannabis products until June 30, 2024. As of June 14, 2023, the OCM had issued 284 AUCC licenses statewide, with four located in Jefferson County.

The Guidance for Adult-Use Conditional Cultivators of the OCM states that licensees may only choose one of the following cultivation options:

• Cultivating fully outdoors, with a flowering cannabis canopy of not more than 43,560 square feet
• Cultivating both indoors and outdoors, with an indoor flowering cannabis canopy of not more than 20,000 square feet and an outdoor flowering cannabis canopy of not more than 10,000 square feet
• Cultivating fully indoors, with a flowering cannabis canopy of not more than 25,000 square feet

The State of New York allows medical cannabis cardholders aged at least 21 to grow medical cannabis in their private residence for their own use only, subject to the Personal Home Cultivation of Medical Cannabis Regulations and the Medical Cannabis Home Cultivation Guide of the OCM, and provided the property is not on federal land. The residence must also be the primary home of the qualified home grower. The cap for one cardholder consists of three mature and three immature medical cannabis plants. The cap for one residence consists of six mature and six immature medical cannabis plants, even if there are several qualified cardholding residents.

Homegrown medical cannabis plants may be cultivated outdoors or indoors as long as the area is not shared with other residences, is hidden from public view, and is protected from access by people below the age of 21. Municipalities are not allowed to ban the home cultivation of medical cannabis by age-qualified medical cannabis cardholders.

Starting June 2024, the State of New York will allow adult-use cannabis home cultivation by consumers aged 21 and above. This is 18 months after the start of adult-use cannabis retail sales on December 29, 2022. By mid-2024, it is expected that regulations on the home cultivation of adult-use cannabis are in place. Once implementation begins, municipalities will also not be allowed to ban the home cultivation of adult-use cannabis by age-qualified growers.

The cap per home grower and per residence with multiple qualified home growers will be the same as for medical cannabis. Home growers of adult-use cannabis are also required to abide by the same rules on security and visibility to the public.

Is Cannabis Manufacturing Legal in Jefferson County?

Yes, medical and adult-use cannabis product manufacturing is legal in Jefferson County under the earlier Compassionate Care Act and the 2021 MRTA of the State of New York.

A medical cannabis registered organization license from the OCM is needed for the manufacturing of medical cannabis products. A registered organization adult-use cultivator processor distributor retail dispensary license, also from the OCM, is needed for the manufacturing of adult-use cannabis products.

The adult-use conditional processor license (AUCP) was open for applications, from June 28 to August 31, 2022, only from licensed hemp processors of the Cannabinoid Hemp Program. Applicants to the hemp program, who filed before January 1, 2022, were also allowed to apply for the AUCP license. Holders of the AUCP license are permitted to manufacture adult-use cannabis products with a THC content above 0.3% until June 30, 2024. As of January 1, 2023, the OCM had issued 40 AUCP licenses across the state, with none located in Jefferson County.

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

• Cannabis shakes
• Cannabis flowers
• Tablets
• Topical products
• Capsules
• Tinctures
• Edible products
• Vape pens or cartridges
• Pre-rolls
• Beverages
• Concentrates
• Other products to be approved by the OCM

AUCP licensees are prohibited from manufacturing edible adult-use cannabis products that are akin to commercially sold candies or snack food.

Unless there is written approval from the Cannabis Control Board, the terpene content of any adult-use cannabis product cannot exceed 10%. If the product is for oral consumption, each serving is allowed a maximum THC content of 10 milligrams and a package may contain only 10 servings. The maximum THC content allowed for topical formulations and tinctures is 1,000 milligrams. All types of adult-use cannabis products must be packaged and labeled according to the regulations of the Cannabis Control Board.

The home processing of medical cannabis oils, ash, waxes, and concentrates is permitted for qualified home cultivators of medical cannabis, but they are not allowed to use alcohol, propane, or butane while doing so. Once the home cultivation of adult-use cannabis starts, qualified cultivators will also be required to follow the same rules when processing their own adult-use cannabis products at home.

Is Cannabis Retail Legal in Jefferson County?

Yes, the retail selling of cannabis and cannabis products for medical and adult use in Jefferson County was legalized by the State of New York’s Compassionate Care Act followed by the MRTA. Only medical cannabis cardholders are allowed to purchase medical cannabis and medical cannabis products and only consumers aged 21 and above are allowed to purchase adult-use cannabis and adult-use cannabis products. However, the MRTA allowed municipalities to opt out of adult-use cannabis dispensaries or consumption sites.

As of July 10, 2023, the only city of Jefferson County, 17 out of 22 towns, and 10 out of 20 villages have opted out of both adult-use cannabis dispensaries and consumption sites. These municipalities were:

• City of Watertown
• Town of Watertown
• Town of Worth
• Town of Theresa
• Town of Rodman
• Town of Philadelphia
• Town of Lyme
• Town of LeRay
• Town of Hounsfield
• Town of Ellisburg
• Town of Clayton
• Town of Champion
• Town of Cape Vincent
• Town of Brownville
• Town of Alexandria
• Town of Adams
• Town of Wilna
• Town of Henderson
• Village of Black River
• Village of Philadelphia
• Village of Dexter
• Village of Deferiet
• Village of Clayton
• Village of Chaumont
• Village of Cape Vincent
• Village of Alexandria Bay
• Village of Adams
• Village of Brownville

An OCM medical cannabis registered organization license is needed for the retail selling of medical cannabis and medical cannabis products. Licensed medical cannabis dispensaries may sell a maximum of a 60-day supply of medical cannabis and medical cannabis products to a medical cannabis cardholder in 60 days. These may be in the form of cannabis flowers, cannabis plant parts, lozenges, transdermal patches, oral powders, tinctures, capsules, vaping cartridges or pens, oral sprays, and tablets, among others. Immature medical cannabis plants and cannabis seeds for home cultivation may also be sold to age-qualified medical cannabis cardholders.

In municipalities that allow it, a registered organization adult-use cultivator processor distributor retail dispensary license, a conditional adult-use retail dispensary license (CAURD), or an adult-use cannabis on-site consumption license from the OCM is needed for the retail selling of adult-use cannabis products. Adult-use cannabis dispensary applicants are required to notify the municipality between 270 to 30 days from the submission of their OCM application. As of June 20, 2023, the OCM had issued 15 final CAURD licenses statewide.

The Guidance for Adult-Use Retail Dispensaries of the OCM requires the following:

1. The licensed adult-use retail dispensary must be a store that opens to a street at street level.
2. No licensed adult-use retail dispensary may be located on the same street as a school, church, or community facility.
3. No licensed adult-use retail dispensary may be located 500 feet or less from a school.
4. No licensed adult-use retail dispensary may be located 200 feet or less from any place of worship or community facility.
5. In municipalities with a population of 20,000 and above, no licensed adult-use retail dispensary may be located 1,000 feet or less from any other licensed medical or adult-use retail dispensary.
6. In municipalities with a population lower than 20,000, no licensed adult-use retail dispensary may be located 2,000 feet or less from any other licensed medical or adult-use retail dispensary.
7. The allowed business hours of a licensed adult-use retail dispensary are from 8 a.m. to 2 a.m. unless extended by a municipal ordinance.
8. The licensed adult-use retail dispensary is allowed to sell adult-use cannabis and cannabis products that licensed manufacturers produce, as well as paraphernalia for adult-use cannabis usage, and other items approved by the OCM.
9. The licensed adult-use retail dispensary is required to issue a receipt for every sale.
10. The licensed adult-use retail dispensary is required to document all stocks and stock movements in an inventory tracking system.
11. The licensed adult-use retail dispensary is only allowed to offer a drive-through window or pick-up lane with OCM approval.
12. The licensed adult-use retail dispensary is required to protect the facility against intruders and thieves through adequate security measures and a security system that includes alarms and recorded video surveillance.

Consumers aged 21 and above may purchase only up to 24 grams of cannabis concentrate and three ounces of cannabis, or the equivalent content in adult-use cannabis products. This is the possession limit for adults in the State of New York.

Is Cannabis Delivery Legal in Jefferson County?

Yes, the delivery of cannabis and cannabis products for medical and adult use is legal in Jefferson County under the Compassionate Care Act and the MRTA of the State of New York.

Medical cannabis and medical cannabis products may be delivered by medical cannabis registered organization licensees to medical cannabis cardholders. Registered organization adult-use cultivator processor distributor retail dispensary licensees and CAURD licensees may deliver adult-use cannabis and adult-use cannabis products to consumers aged 21 and above, subject to the CAURD Delivery Guidance of the OCM.

How to Get a Medical Marijuana Card in Jefferson County

Jefferson County residents can get a medical cannabis card if they are diagnosed by a qualified medical practitioner with one of the following qualifying illnesses:

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

A physician’s certification of the diagnosis will be sent by the doctor to the Medical Cannabis Data Management System (MCDMS) via the Health Commerce System (HCS). The patient will be given a copy.

The online patient registration instructions must then be complied with by the patient, with all required documents submitted electronically. A maximum of five caregivers each may be named by a patient who is younger than 18 or an adult patient needing assistance. The caregiver must register online after the approval of the patient’s application.

The physical medical cannabis card will be sent by mail. A digital version will appear on the registry and may be printed for temporary use.

Queries to the OCM may be made through the following channels:

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

Email: medical@ocm.ny.gov

How Has Cannabis Legalization Impacted the Economy of Jefferson County?

Medical cannabis registered organizations are charged by the State of New York a 7% excise tax on medical cannabis and medical cannabis product sales, which they are not allowed to pass to medical cannabis cardholders.

The following adult-use cannabis taxes are charged to the following licensees:

The county receives 25% of the local excise tax, with 75% sent to the municipality. Jefferson County will benefit from a share of the local excise tax if adult-use cannabis dispensaries are established in the 15 municipalities of the county that had not opted out of the MRTA.

The Effects of Cannabis Legalization on Crime Rates in Jefferson County

Medical cannabis was legalized in Jefferson County in 2014 by the Compassionate Care Act. However, medical cannabis and medical cannabis products were only made available through licensed dispensaries in 2016. Adult-use cannabis was legalized in 2021.

Data sent by the Jefferson County Sheriff's Office to the Crime Explorer page of the FBI shows that in 2015, a year before the availability of legal medical cannabis and medical cannabis products, there were 12 marijuana possession arrests, comprising all arrests for marijuana offenses.

In 2017, a year after the availability of legal medical cannabis and medical cannabis products, there were 20 marijuana possession arrests, also comprising all arrests for marijuana offenses.

In 2020, a year after the legalization of adult-use cannabis, there was one marijuana possession arrest, the only arrest for marijuana offenses.

In 2021, the latest data showed five marijuana possession arrests, comprising all arrests for marijuana offenses.

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

• 2015: 47 arrests
• 2017: 40 arrests
• 2020: 14 arrests
• 2021: 64 arrests