Yes, cannabis cultivation is legal in Richmond County. In New York, medical cannabis was legalized in 2014, while adult-use cannabis was legalized in 2021. According to the New York Office of Cannabis Management, New Yorkers may cultivate cannabis plants at home, provided they are 21 years and older. They can grow up to six plants (3 mature and 3 immature plants) within their residential property for personal use, with a maximum of twelve plants (6 mature and 6 immature plants) per household, even if there are three or more adults older than 21 in that residence.
However, home cultivation of cannabis is currently not allowed pursuant to the Marihuana Regulation and Taxation Act (MRTA). It is because the Office of Cannabis Management can only allow and issue regulations for home cultivation of cannabis plants within 18 months after the first adult-use cannabis retail sale. Currently, adult-use cannabis retail sales have not started in the state, and the Office of Cannabis Management is still yet to issue regulations allowing home cultivation for adult-use cannabis. Only medical cannabis is approved for sale as of this time.
As for business organizations, the Cannabis Control Board regulates the licensing and permitting of adult-use cannabis cultivators within the State of New York. The board also establishes regulations that allow licensed adult-use cultivators to perform various types of minimal cannabis processing without the need for an adult-use cannabis processor license.
Furthermore, Section 68 of MRTA says that cannabis cultivation shall include the agricultural production practices of growing, planting, cloning, drying, curing, harvesting, trimming, and grading cannabis. Section 68 also says that a person holding an adult-use cultivator's license may also apply for one processor's license and one distributor's license to distribute their own products.
Cultivators in New York may grow cannabis both outdoors and in a greenhouse.
Yes, cannabis manufacturing is legal in Richmond County. Section 70 of MRTA says that cannabis processing or manufacturing includes blending, infusing, extracting, packaging, branding, labeling, and preparing or making cannabis products. A person holding an adult-use cannabis processor's license is allowed to apply for a distributor's license to distribute their own products.
To apply for Adult-Use Conditional Processor License, applicants will need to provide the following requirements:
• Primary contact information
• Overview of Processor business plan
• Primary address and business location
• Planned source of Cannabis
• Extraction method (if applicable)
• Documentation that proves the applicant is authorized or allowed to process cannabinoid hemp by the Office of Cannabis Management (OCM) in the Cannabinoid Hemp Program
• Proof of a valid certificate of occupancy
• Workers Compensation verification (if applicable)
• Proof of Good Manufacturing Practices (GMP) audit of the processing facilities
• Disclosure of any other businesses at the processing facility location (if applicable)
• Ownership and management information
• Applicant attestation and agreement to the license's terms and conditions
• A non-refundable license and application fee of $2,000
Moreover, licensed processors are prohibited from cultivating cannabis but can purchase cannabis from licensed adult-use cultivators. They are also allowed to sell cannabis, cannabis extracts, and other cannabis products between licensed processors/ manufacturers.
Cannabis products are strictly prohibited from being packaged, produced, or labeled in ways that appeal to persons under 21 years of age. Cannabis products that are edible cannot be produced in shapes such as images, characters, symbols, public figures, toys, games, or phrases that are commonly marketed to persons below 21 years old. In addition, edible cannabis cannot be produced or packaged or in the shape of any imitation of food, soda, drinks, cereal, cookies, cereal, or candy associated with or attractive to persons below 21.
Yes. Once the adult-use retail facility licenses are approved, the dispensaries are allowed to acquire, sell, possess, and deliver cannabis from a cannabis retail dispensary to consumers aged 21 and above. There are two types of eligibility criteria for retail dispensary license applicants: qualifying business criteria or qualifying nonprofit criteria.
To be eligible as qualifying business criteria, applicants must meet the following requirements:
A significant presence within the State of New York
The majority of the retail dispensary is owned and controlled by a justice-involved person with a qualifying business ownership experience (justice involved means someone or a dependent of someone who has been convicted of a marijuana-related offense in New York before 3/31/2021)
Applicants must be 21 years old, including all board members
All members or partners of the LLC or partnership must be permanent residents or U.S. citizens
On the other hand, applicants for qualifying nonprofit criteria must meet the following requirements:
A significant presence within the State of New York
A history of creating vocational opportunities for formerly or currently incarcerated individuals, such as justice-involved individuals
A history of serving formerly or currently incarcerated individuals, such as justice-involved individual
Have at least five full-time employees
Have at least one justice involved officer, board member, advising committee member, or governing committee member
Has operated a social enterprise that had a profit or net assets for at least two years, operated by a nonprofit or sponsored by a nonprofit, which generates revenue and fulfills the parent organization's mission
Edibles are approved for sale in New York. Other types of cannabis products in the state include concentrated cannabis, cannabis flower, oil, lozenges, oral spray, oral powder, transdermal patches, and topical products.
Adults 21 years and above are allowed to possess 3 oz. of cannabis and 24 grams of cannabis concentrate (oil and edibles). They are also allowed to consume cannabis in private residences or in places where tobacco can be consumed, except in a motor vehicle, a private business (like a restaurant patio), a "cigar bar," or on federal property. It is also legal for individuals 21 years or older to share cannabis with an adult 21 years or older, provided that it is within the legal possession limit.
Yes. Direct delivery of cannabis and cannabis-related products by a retail licensee or delivery licensee to a cannabis consumer's residence is allowed. Pursuant to Section 31 of the Marihuana Regulation and Taxation Act (MRTA), delivery is also allowed for patients with medical marijuana ID cards, their designated caregivers, or employees of a caregiver facility, provided that:
The cannabis to be possessed shall not exceed a sixty-day supply of the dosage determined by the practitioner
The form of medical cannabis to be possessed by the certified patient or designated caregiver shall be in compliance with the recommendation of the practitioner
The health conditions for which patients may qualify for a medical cannabis card include the following:
Amyotrophic lateral sclerosis (ALS)
Damage to the nervous tissue of the spinal cord with neurological indication of intractable spasticity
Inflammatory bowel disease
Post-traumatic stress disorder (PTSD)
Pain that degrades functional capability and medical cannabis can be an alternative to opioid use
Substance use disorder
Any other condition as indicated by the certified medical practitioner
There are three steps in applying as a certified patient for medical cannabis in the State of New York:
Speak with your health care provider to verify if medical cannabis may help your health condition. If so, your health care practitioner will give you a certification to allow medical cannabis use for your condition. Take note that health care providers must meet certain requirements in order to certify patients.
Register online. Once you finished creating an account, confirming your registration, and having your application approved, a registry ID card will be mailed to you. A temporary registry ID card can also be printed and used immediately.
Purchase medical cannabis. After you receive your registry ID card, you may visit a registered organization's cannabis dispensing facility to purchase medical cannabis. Make sure to bring your registry ID card and certification with you.
For questions or concerns, you may also mail or contact:
Office of Cannabis Management
Phone: 1-888-OCM-5151 (1-888-626-5151)
The Marijuana Regulation & Taxation Act (MRTA) aims for social and economic equity in such a way that it targets to invest 40% of the adult-use cannabis tax revenue in rebuilding communities affected by drugs and award 50% of adult-use licenses to social and economic equity applicants. The social and economic equity applicants are individuals who have lived in communities impacted by drugs and other underrepresented groups such as minority-owned businesses, women-owned businesses, service-disabled veteran-owned businesses, and distressed farmers.
There are different rates of tax imposed at the distributor tier depending on the total THC in the product and the cannabis product form:
Edibles (food and beverages)- $0.03 per mg of THC
Concentrates (vaporization oil, shatter, wax, and resin)- $0.008 per mg of THC
Cannabis flower (loose flower, shake, or pre-rolls)- taxed at $.005 per mg THC
Since adult-use cannabis has recently been legalized in the State of New York, lawmakers estimate that it would generate a whopping $1.3 billion in sales in the first year and support between 19,000 and 24,000 jobs within the first three years. This goes to show that the cannabis industry in the state brings a major economic impact.
Richmond County is more popularly known as Staten Island. Data from the New York City Police Department (NYPD) shows that marijuana arrests in Staten Island between 2020 and 2021 decreased from 19 to 6 cases. 2021 was the year adult-use marijuana was legalized in the state.
Meanwhile, the number of DWI (driving while intoxicated) arrests from January to September 2022 totals 114.