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

  1. New York Cannabis
  2. Ontario Cannabis Overview

Is Cannabis Cultivation Legal in Ontario County?

Yes, cannabis may be cultivated legally for medical and adult use in Ontario County. The Compassionate Care Act, adopted in 2014 in the State of New York, made the use and cultivation of medical cannabis legal. The passage of the Marihuana Regulation and Taxation Act (MRTA), or Chapter 7A of the Consolidated Laws of New York, on March 21, 2021, made adult-use cannabis and its cultivation legal in the state.

Cannabis for both medical and adult use is licensed and regulated throughout the state by the Office of Cannabis Management (OCM), which was established under the MRTA. Medical and adult-use cannabis business rules and permits must first be approved by the Cannabis Control Board.

A medical cannabis registered organization license issued by the OCM is required for a medical cannabis cultivation business to operate in Ontario County. This also permits the licensee to process medical cannabis products, which it can subsequently sell by retail to holders of medical cannabis cards.

Only with a registered organization adult-use cultivator processor distributor retail dispensary license issued by the OCM can an adult-use cannabis cultivation company do business in Ontario County. The license also gives the holder the right to produce adult-use cannabis products and then sell these by retail to customers who are at least 21 years old.

A third type of cannabis cultivation license is the adult-use conditional cultivator license (AUCC). Applications for this were only open from March 15 to June 30, 2022, and only for licensed hemp cultivators under the Industrial Hemp Research Pilot Program of the Department of Agriculture and Markets. It authorizes the holder to grow adult-use cannabis and manufacture its products up to June 30, 2024. As of June 14, 2023, 284 AUCC licenses were granted by the OCM, with eight located in Ontario County.

Licensed cultivators are given the following choices in cultivation modes by the OCM’s Guidance for Adult-Use Conditional Cultivators:

  • Exclusive outdoor cultivation, allowed a cannabis flowering canopy of up to 43,560 square feet or one acre
  • Exclusive indoor cultivation, allowed a cannabis flowering canopy of up to 25,000 square feet
  • Mixed indoor and outdoor cultivation, allowed an indoor cannabis flowering canopy of up to 20,000 square feet and an outdoor flowering canopy of up to 10,000 square feet

Holders of medical cannabis cards in the state of New York who are at least 21 years old are allowed to grow medical cannabis for their own use in their primary private home, provided that it is not situated on federal territory. A maximum of three young and three mature medical cannabis plants may be grown by each cardholder. A private residence housing two or more qualified medical cannabis cardholders may, however, have only up to six immature and six mature medicinal cannabis plants. The OCM's Personal Home Cultivation of Medical Cannabis Regulations and Medical Cannabis Home Cultivation Guide must be followed by all home growers.

Adult-use cannabis home growing will also be permitted in the State of New York starting in June 2024 for people who are at least 21 years old. This was set 18 months from the start of adult-use cannabis retail sales on December 29, 2022. Regulations for adult-use cannabis home cultivation must have been created by then. Once this is put into place, municipalities are not able to forbid eligible individuals from cultivating cannabis at home. The rules will be the same as those governing medical cannabis home growing.

Is Cannabis Manufacturing Legal in Ontario County?

Yes, medical and adult-use cannabis products may be manufactured legally in Ontario County according to the Compassionate Care Act and MRTA of the State of New York. As was previously mentioned, those who hold an OCM-issued medical cannabis registered organization license are allowed to make medical cannabis products, while those who hold an OCM-registered organization adult-use cultivator processor distributor retail dispensary license are allowed to make adult-use products.

Moreover, the OCM opened adult-use conditional processor license (AUCP) applications from June 28 to August 31, 2022, exclusively to licensed hemp processors of the Cannabinoid Hemp Program. The AUCP license authorizes the holder to make adult-use cannabis products for a limited time, until June 30, 2024. As of January 23, 2022, 40 AUCP licenses were granted by the OCM, with two located in Ontario County.

The adult-use cannabis types that may be manufactured according to the Adult-Use Conditional Processor Terms and Conditions and Guidance of the OCM are as follows:

  • Raw shakes and flowers
  • Tinctures
  • Concentrates
  • Vape cartridges or pens
  • Tablets
  • Capsules
  • Beverages
  • Pre-rolls
  • Topical products
  • Edible products
  • Other OCM-approved products

It is forbidden for any edible adult-use cannabis product to resemble commercially available candy or snacks.

Unless the Cannabis Control Board has granted written clearance for an exception, every cannabis product intended for adult use must have a maximum terpene level of 10%. Any adult-use cannabis product designed for oral consumption may only have a maximum of 10 servings per package, and each serving may not contain more than 10 milligrams of tetrahydrocannabinol (THC). Adult-use cannabis tinctures and topical applications are only permitted to contain a maximum of 1,000 milligrams of THC. All adult-use cannabis products must be packaged and labeled in accordance with rules established by the Cannabis Control Board.

The processing of medical cannabis grown at home by qualified individuals is also permitted, although not with the use of butane, propane, or alcohol. When home growers of adult-use cannabis are permitted to begin production, the same regulations that govern medical cannabis processing at home will also apply to them.

Is Cannabis Retail Legal in Ontario County?

Yes, the retail selling of medical and adult-use cannabis and cannabis products in Ontario County is legal as stipulated by the State of New York’s Compassionate Care Act and MRTA. Only medical cannabis cardholders are allowed to purchase retail medical cannabis and its products. Only consumers who are at least 21 years old are allowed to purchase retail adult-use cannabis and its products.

Under the MRTA, municipalities had the option to refuse adult-use cannabis retail shops and adult-use cannabis consumption locations. In light of this, the following 13 municipalities in Ontario County decided not to allow adult-use cannabis retail shops as of July 10, 2023:

  • Town of West Bloomfield
  • Town of Bristol
  • Town of Gorham
  • Town of Farmington
  • Town of South Bristol
  • Town of Canandaigua
  • Town of Hopewell
  • Town of East Bloomfield
  • Village of Shortsville
  • Town of Manchester
  • Town of Seneca
  • Town of Richmond
  • Town of Naples

The authority to sell medical cannabis and its products to holders of medical cannabis cards is granted by the same medical cannabis registered organization license from the OCM that was previously mentioned. However, each cardholder may only purchase a 60-day supply per 60 days, consisting of any mix of cannabis flowers, plant parts, lozenges, oral sprays, pills, vape cartridges or pens, transdermal patches, oral powders, tinctures, capsules, and other cannabis product forms. Holders of medical cannabis cards who are authorized for home growing may also buy cannabis seeds and young plants.

The registered organization adult-use grower processor distributor retail dispensary license issued by the OCM, as previously discussed, permits the retail selling of adult-use cannabis and its products to customers who are at least 21 years old. The OCM also grants the adult-use cannabis on-site consumption license and the conditional adult-use retail dispensary license (CAURD), both of which allow the holders to do the same.

Consumers over the age of 21 are allowed to purchase the same quantity as the adult-use cannabis possession limit in the state of New York, equivalent to 24 grams of cannabis concentrate and three ounces of raw cannabis or the counterpart in cannabis-infused products.

Applicants seeking an adult-use cannabis dispensary license should notify the municipality where they want to operate of their intent 30 to 270 days prior to filing their application to the OCM. As of June 20, 2023, the OCM had issued 15 final CAURD licenses.

The following rules are imposed by the Guidance for Adult-Use Retail Dispensaries:

  1. The licensed dispensary must be on the ground floor and face the street.
  2. It must be on a street that does not have a pre-existing community center, school, or place of worship.
  3. It must be at a distance of over 500 feet from a school.
  4. It must be at a distance of over 200 feet from a community center or place of worship.
  5. It must be at a distance of over 1,000 feet from the next licensed dispensary in municipalities with 20,000 or more residents.
  6. It must be at a distance of over 2,000 feet from the next licensed dispensary in municipalities with less than 20,000 residents.
  7. It can only be open between the hours of 8 a.m. and 2 a.m. unless a local regulation extends those hours.
  8. It is allowed to sell adult-use cannabis and its products that licensed manufacturers produce, as well as paraphernalia needed for cannabis use and any other OCM-approved items.
  9. It must provide a receipt for each transaction.
  10. An inventory monitoring system must be in place to keep track of all stock movements.
  11. Before providing drive-through or pickup lane services, OCM clearance is required.
  12. To deter trespassing and theft, it must have a robust security system with recorded video surveillance and alarms.

Is Cannabis Delivery Legal in Ontario County?

Yes, the delivery of medical and adult-use cannabis and cannabis products in Ontario County is legal as mandated by the Compassionate Care Act and 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.

Adult-use cannabis and adult-use cannabis products may be delivered by registered organization adult-use cultivator processor distributor retail dispensary licensees to consumers who are at least 21 years old. CAURD licensees are also allowed to do so in compliance with the CAURD Delivery Guidance of the OCM.

How to Get a Medical Marijuana Card in Ontario County

Ontario County residents can get a medical cannabis card if a qualified medical practitioner finds them to be suffering from one of the following qualifying illnesses after a medical examination:

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

The doctor will give the patient a copy of the physician’s certification and transmit the document to the Medical Cannabis Data Management System (MCDMS) via the Health Commerce System (HCS).

The online patient registration instructions must be complied with by the patient and all required documents must be submitted electronically. Each patient may choose up to five caregivers, and when the patient’s application has been granted, each caregiver is required to register online. The registry will display a digital medical cannabis card that may be printed out and used momentarily while the real card is in transit by mail.

The following channels are available for inquiries:

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

Email: medical@ocm.ny.gov

How Has Cannabis Legalization Impacted the Economy of Ontario County?

All medical cannabis and medical cannabis product sales by medical cannabis registered organizations are subject to a 7% excise tax by the State of New York. Purchasers of medical cannabis cannot be charged this tax.

Cannabis for adult use is subject to the following taxes:

  1. Licensed adult-use cannabis cultivators and manufacturers must pay:
    1. A $0.03 tax on every milligram of THC in edible cannabis or cannabis-infused drinks sold
    2. A $0.008 tax on every milligram of THC in cannabis concentrates sold
    3. A $0.0005 tax on every milligram of THC in cannabis flowers, shakes, and pre-rolls sold
  2. Licensed adult-use dispensaries must pay:
    1. A 9% state excise tax for every sold cannabis item
    2. A 4% local excise tax for every sold cannabis item

The municipality hosting the licensed dispensary receives 75% of the local excise tax while Ontario County receives 25%.

The Effects of Cannabis Legalization on Crime Rates in Ontario County

Medical cannabis was legalized in the State of New York, including Ontario County, in 2014, but retail selling in medical cannabis dispensaries began in 2016. Adult-use cannabis was legalized in 2021.

Data on the Crime Explorer page of the FBI shows that in 2013, a year before the legalization of medical cannabis in the state, there were 41,389 marijuana possession arrests and 733 marijuana sales arrests, totaling 42,122 marijuana offense arrests statewide.

In 2017, a year after the retail selling of medical cannabis began, there were 48,396 marijuana possession arrests and 521 marijuana sales arrests, totaling 48,917 marijuana offense arrests across the state.

In 2019, there were 33,347 marijuana possession arrests and 329 marijuana sales arrests, totaling 33,676 marijuana offense arrests throughout the state.

In 2021, the latest data showed 583 marijuana possession arrests and 17 marijuana sales arrests, totaling 600 marijuana offense arrests statewide.

The number of DUI arrests during those years was as follows:

  • 2013: 30,624 arrests
  • 2017: 27,940 arrests
  • 2019: 25,364 arrests
  • 2021: 3,589 arrests