Licensed cannabis cultivation in Oswego County for both medical and adult use was legalized by the Consolidated Laws of New York Chapter 7A, called the Marihuana Regulation and Taxation Act (MRTA) of the State of New York and enacted on March 21, 2021. The MRTA allowed medical cannabis use by medical cannabis cardholders and the use of recreational cannabis by individuals not younger than 21.
The Office of Cannabis Management (OCM) was created by the MRTA to regulate medical and adult-use cannabis in the state. The Cannabis Control Board of the OCM approves the regulations and all types of licenses for medical and adult-use cannabis businesses.
To be able to cultivate medical cannabis in Oswego County, a medical cannabis registered organization license is required. It also authorizes the manufacturing of medical cannabis products and retail selling and delivery to medical cannabis cardholders of medical cannabis and medical cannabis products.
To be able to cultivate adult-use cannabis in Oswego County, a registered organization adult-use cultivator processor distributor retail dispensary license is required. It also authorizes the holder to manufacture adult-use cannabis products and sell and deliver to individuals not younger than 21 their retail purchases of adult-use cannabis and adult-use cannabis products.
For a limited time, from March 15 to June 30, 2022, the OCM accepted applications adult-use conditional cultivator license (AUCC) only from hemp cultivators licensed by the Department of Agriculture and Markets under its Industrial Hemp Research Pilot Program. AUCC licensees are authorized to cultivate adult-use cannabis with over 0.3% tetrahydrocannabinol (THC). They are also authorized to manufacture adult-use cannabis products, but only up to June 30, 2024. They may sell these products only to other licensed adult-use cannabis businesses, but only up to June 1, 2023. The OCM announced that 284 AUCC licenses issued were issued, as of June 14, 2023, in the State of New York. Six of them were located in Oswego County.
AUCC licensees are allowed by the OCM Guidance for Adult-Use Conditional Cultivators to choose only one from the following cultivation modes:
The cultivation of medical cannabis at home by medical cannabis cardholders not younger than 21 for personal use only is allowed by the State of New York provided they comply with the OCM Medical Cannabis Home Cultivation Guide and Personal Home Cultivation of Medical Cannabis Regulations. The home must be a private residence that is not on federal property and must be the primary dwelling of the qualified grower. No matter how many qualified growers reside in one home, the maximum number of female medical cannabis plants they can grow are three immature and three mature plants. They can grow these indoors or outdoors provided that the cultivation area is not a shared space with other homes, is hidden from the public’s sight, and is not accessible to individuals younger than 21. The home cultivation of medical cannabis may not be prohibited by municipal governments for medical cannabis cardholders.
The cultivation of adult-use cannabis at home by individuals not younger than 21 will be permitted by the State of New York by June 2024, 18 months after adult-use cannabis retail selling started on December 29, 2022, pending the finalization of its regulations. The home cultivation of adult-use cannabis may also not be prohibited by municipal governments for qualified growers once implemented by the state. Qualified adult-use cannabis growers will each be permitted to cultivate at home a maximum of three mature and three immature female cannabis plants. However, if multiple qualified adult-use cannabis growers live together, they can only grow within the same residence a maximum of six mature and six immature female cannabis plants. They are also required to ensure that the cultivation space is not accessible to individuals younger than 21.
Licensed medical and adult-use cannabis product manufacturing in Oswego County was legalized by the State of New York’s MRTA.
As mentioned earlier, the medical cannabis registered organization license is required to manufacture medical cannabis products, while the registered organization adult-use cultivator processor distributor retail dispensary license is required to manufacture adult-use cannabis products in the county.
Additionally, the OCM opened applications for the adult-use conditional processor license (AUCP) for a limited time, from June 28 to August 31, 2022. Only hemp processors licensed under the Cannabinoid Hemp Program, or who had filed a license application with the program before January 1, 2022, were qualified to apply for the AUCP. The AUCP authorizes the licensee to manufacture adult-use cannabis products only up to June 1, 2023. Beyond that, they are welcome to re-apply for the license. The OCM stated that 40 AUCP licenses have been issued, as of January 1, 2023, in the State of New York. None of them were located in Oswego County.
AUCP licensees are allowed to process or manufacture only the following adult-use cannabis forms and products, according to the OCM Adult-Use Conditional Processor Terms and Conditions and Guidance:
Edible cannabis products, however, must not look like any snack food or candy sold commercially.
The default requirement for all types of adult-use cannabis products is a maximum terpene content of 10%. This can only be exceeded with a Cannabis Control Board approval in writing. All adult-use cannabis products intended for oral consumption may only have up to 10 milligrams of THC contained in every serving. A package containing several servings may only have up to 100 milligrams of THC in total. Tinctures and topical formulations are allowed to contain only up to 1,000 milligrams of THC. The Cannabis Control Board packaging and labeling regulations must be complied with for all adult-use cannabis products.
Age-qualified medical cannabis cardholders who are doing home cultivation of medical cannabis for their own use only are allowed to process medical cannabis ash, concentrates, waxes, and oils. They are, however, prohibited from using butane, propane, and alcohol when doing so. When the implementation of adult-use cannabis home cultivation begins, adult-use cannabis home cultivators will also be required to comply with the same restrictions for home processing.
Licensed cannabis retail in Oswego County was legalized by the MRTA of the State of New York provided that medical cannabis and medical cannabis products are sold only to medical cannabis cardholders, and adult-use cannabis and adult-use cannabis products are sold only to individuals not younger than 21. The MRTA, however, permitted municipalities to prohibit adult-use cannabis dispensaries or consumption sites within their territories.
As of March 22, 2023, both cities of Oswego County, 10 out of 22 towns, and four out of eight villages allowed the establishment of adult-use cannabis dispensaries and consumption sites within their territories. These were the following:
To sell medical cannabis and medical cannabis products by retail, a medical cannabis registered organization license from the OCM is required. A licensed medical cannabis dispensary is allowed to sell only a 60-day supply of medical cannabis and medical cannabis products to a medical cannabis cardholder every 60 days. Licensed medical cannabis dispensaries may sell cannabis seeds and immature cannabis plants for the home cultivation of age-qualified medical cannabis cardholders. To all medical cannabis cardholders, they may sell cannabis plant parts and flowers, transdermal patches, tinctures, vaping cartridges or pens, tablets, oral sprays, capsules, oral powders, lozenges, and other medical cannabis products.
To sell adult-use cannabis and adult-use cannabis products by retail, a registered organization adult-use cultivator processor distributor retail dispensary license, also from the OCM, is required.
Alternatively, an adult-use cannabis retail company may apply for a conditional adult-use retail dispensary license (CAURD) or an adult-use cannabis on-site consumption license from the OCM. Applicants for either license must notify the municipality of their intended site not less than 30 days and not more than 270 days before submitting their applications to the OCM. Fifteen final CAURD licenses were issued, as of June 20, 2023, across the state.
The OCM Guidance for Adult-Use Retail Dispensaries set the following rules:
Age-qualified individuals are only allowed to purchase the equivalent of the adult-use cannabis possession limit from a licensed dispensary. This is three ounces of cannabis and 24 grams of cannabis concentrate, or their equivalent in adult-use cannabis products.
The licensed delivery of medical and adult-use cannabis in Oswego County was legalized by the State of New York’s MRTA. Medical cannabis registered organizations licensees have the authority to deliver medical cannabis and medical cannabis products to medical cannabis cardholders. Adult-use cannabis and adult-use cannabis products may be delivered to individuals not younger than 21 by registered organization adult-use cultivator processor distributor retail dispensary licensees and CAURD licensees.
The OCM CAURD Delivery Guidance states that for 12 months from receipt of their final license, CAURD licensees are permitted to sell adult-use cannabis to qualified purchasers by delivery only. On the 13th month, they are required to sell from a dispensary facility but may still deliver to qualified purchasers.
Residents of Oswego County can get a medical cannabis card after a diagnosis of any of the following medical conditions by a qualified medical practitioner:
The doctor will electronically send the physician’s certification of the qualified patient through the online Health Commerce System (HCS) to the Medical Cannabis Data Management System (MCDMS), providing the patient with a printout.
The patient must then comply with the online patient registration instructions and submit the required documents electronically. A patient below 18 and an adult patient requiring help may name up to five caregivers respectively in their application. After the patient’s application is approved, the caregiver must register online as well.
Once the application is approved, an electronic copy of the medical cannabis card will appear on the registry accounts of the patient and caregiver, for printing and temporary use while awaiting the physical card that will be mailed.
The OCM may be reached for inquiries through the following:
Phone: 888-OCM-5151 (888-626-5151)
Email: medical@ocm.ny.gov
The State of New York charges medical cannabis registered organizations a 7% excise tax on all of their medical cannabis and medical cannabis product sales. This tax cannot be charged to medical cannabis cardholders.
The tax on adult-use cannabis is charged to cultivators, manufacturers, and dispensaries, as follows:
From the local excise tax, the municipality receives 75% and the county receives 25%. Oswego County will, therefore, benefit from any licensed adult-use cannabis dispensary established in any of its municipalities.
Medical cannabis was first legalized in Oswego County in 2016, later consolidated with adult-use cannabis in 2021.
Data sent by the Oswego 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 13 marijuana possession arrests, comprising all marijuana offense arrests.
In 2017, a year after the legalization of medical cannabis, there were 65 marijuana possession arrests, also comprising all marijuana offense arrests.
In 2019, a year after the legalization of adult-use cannabis, there were 71 marijuana possession arrests, again comprising all marijuana offense arrests.
In 2021, the latest data showed four marijuana possession arrests, still comprising all marijuana offense arrests.
In those years, the number of DUI arrests was as follows: