Cannabis may be legally cultivated in Tompkins County for both medical and recreational purposes. The use and growing of medical cannabis became legal in the State of New York in 2014 through the Compassionate Care Act. Eventually, Chapter 7A of the Consolidated Laws of New York called the Marihuana Regulation and Taxation Act (MRTA), was passed on March 21, 2021, legalizing adult-use cannabis and its cultivation statewide.
The Office of Cannabis Management (OCM), which was formed under the MRTA, licenses and regulates cannabis for both medical and adult usage across the state. The Cannabis Control Board must first approve medical and adult-use cannabis industry guidelines and licenses.
To run a medical cannabis growing company in Tompkins County, a medical cannabis registered organization license granted by the OCM is mandatory. This license also allows the holder to manufacture medical cannabis products, and sell medical cannabis and medical cannabis products to holders of medical cannabis cards at retail.
An adult-use cannabis cultivation company can only operate in Tompkins County if it has a "registered organization adult-use cultivator processor distributor retail dispensary license" granted by the OCM. The holder of this license is also permitted to manufacture adult-use cannabis products and sell recreational cannabis and its products at retail to consumers aged 21 and above.
The adult-use conditional cultivator license (AUCC) is a third form of cannabis growing license. Applications were accepted only from March 15 through June 30, 2022, and exclusively for the Department of Agriculture and Markets Industrial Hemp Research Pilot Program’s licensed hemp farmers. The AUCC allows the licensee to cultivate adult-use cannabis and make its products until June 30, 2024. The OCM had awarded 284 AUCC licenses as of June 14, 2023, with 13 of them in Tompkins County.
The OCM Guidance for Adult-Use Conditional Cultivators provides licensed growers with the following cultivation mode options:
As long as their permanent residence is not located on federal land, New York residents who have medical cannabis cards and are at least 21 years old are permitted to cultivate cannabis plants for personal use at home. Each cardholder may grow no more than three immature and three mature medical cannabis plants. However, a private household with two or more medical cannabis cardholders who are age-qualified may only have a total of six immature and six mature medicinal cannabis plants. All home cultivators must adhere to the OCM Medical Cannabis Home Cultivation Guide and Personal Home Cultivation of Medical Cannabis Regulations.
The home cultivation of adult-use cannabis will also be legal in the State of New York beginning in June 2024 for any individual aged 21 or more. This was planned to begin 18 months after adult-use cannabis retail sales commenced on December 29, 2022. Adult-use cannabis home-growing regulations must have been established before then. Municipalities will be unable to prohibit qualified persons from growing recreational cannabis at home once this is in effect. The same guidelines that apply to the home cultivation of medical cannabis will apply.
Pursuant to the Compassionate Care Act and the MRTA of the State of New York, medical and adult-use cannabis products may be legally manufactured in Tompkins County. Holders of a medical cannabis registered organization license issued by the OCM can manufacture medical cannabis products, while holders of a "registered organization adult-use cultivator processor distributor retail dispensary license" also issued by the OCM can manufacture adult-use cannabis products.
Furthermore, from June 28 through August 31, 2022, the OCM accepted adult-use conditional processor license (AUCP) applications from the Cannabinoid Hemp Program’s licensed hemp processors. The AUCP licensee is allowed to manufacture adult-use cannabis products for a restricted time frame, until June 30, 2024. The OCM awarded 40 AUCP licenses as of January 23, 2022, with one situated in Tompkins County.
The OCM Adult-Use Conditional Processor Terms and Conditions and Guidance permits the processing of the following adult-use cannabis forms:
Any edible adult-use cannabis product that looks like commonly sold confections or snack food is prohibited.
Every cannabis product intended for adult use must have a terpene content of not more than 10% unless the Cannabis Control Board has provided written permission for an exemption. Each serving of any adult-use cannabis product intended for oral consumption may not include over 10 milligrams of tetrahydrocannabinol (THC), and packages may not have more than 10 servings. The maximum THC content for cannabis tinctures and topical treatments intended for adult use is 1,000 milligrams. The Cannabis Control Board's regulations must be followed when packaging and labeling any cannabis products intended for adult consumption.
The home processing by qualified individuals of medical cannabis cultivated at home is allowed if they do not use butane, alcohol, or propane. Once home cultivation of adult-use cannabis starts to be implemented, the same rules will be applicable, as well.
Under the State of New York’s Compassionate Care Act and the MRTA, medical and adult-use cannabis and cannabis products may be legally sold by retail in Tompkins County. Retail sales of medical cannabis and its products are only available to holders of medical cannabis cards. Adult-use cannabis and its products may only be purchased in retail locations by customers who are at least 21 years old.
Municipalities were given the option to ban adult-use cannabis retail outlets and adult-use cannabis consumption venues under the MRTA. In Tompkins County, as of July 10, 2023, the following municipalities opted out of licensed adult-use cannabis dispensaries and licensed adult-use on-site cannabis consumption facilities:
Meanwhile, the Village of Lansing only opted out of licensed adult-use cannabis consumption venues.
The legal right to sell medical cannabis and its products is conferred by the OCM's previously mentioned medical cannabis registered organization license. Each cardholder, however, is limited to purchasing a 60-day supply of cannabis plant parts, flowers, oral sprays, lozenges, capsules, tablets, transdermal patches, vape cartridges or pens, tinctures, oral powders, and other cannabis product forms every 60 days. Medical cannabis cardholders who are permitted to do home cultivation may also purchase young cannabis plants and seeds.
As previously noted, the OCM's "registered organization adult-use grower processor distributor retail dispensary license" allows the retail sale of adult-use cannabis and cannabis products to consumers aged 21 and over. The conditional adult-use retail dispensary license (CAURD) and the adult-use cannabis on-site consumption license are likewise both issued by the OCM and permit the holders to engage in the same activities. As of August 1, 2023, the OCM granted 16 final CAURD licenses.
The purchase limit for adult-use cannabis in the State of New York is the same as the possession limit, which is three ounces of raw cannabis and 24 grams of cannabis concentrate or the equivalence as contained in cannabis products.
Before submitting their application to the OCM, applicants for adult-use cannabis dispensary licenses must give 30 to 270 days' notice to the municipality in which they want to operate. Furthermore, the Guidance for Adult-Use Retail Dispensaries requires the following:
According to the Compassionate Care Act and the MRTA of the State of New York, it is legal to deliver cannabis and cannabis products for medical and adult use in Tompkins County.
To holders of medical cannabis cards, medical cannabis registered organization licensees may deliver medical cannabis and medical cannabis products. To people aged 21 and over, "registered organization adult-use cultivator processor distributor retail dispensary licensees" may deliver adult-use cannabis and adult-use cannabis products. In accordance with the OCM's CAURD Delivery Guidance, CAURD licensees are also permitted to do so.
Residents of Tompkins County can obtain medical cannabis card after being diagnosed with any of the qualifying illnesses listed below by a qualified medical practitioner:
The doctor will provide the patient with a copy of the certification and also send it through the Health Commerce System (HCS) to the Medical Cannabis Data Management System (MCDMS).
The patient must follow the online patient registration instructions, and all requirements must be provided digitally. Up to five caregivers may be chosen by the patient, and after the patient's application has been approved, each caregiver must also register online.
A digital medical cannabis card will be sent to the registry to be printed and used provisionally until the physical card arrives by mail.
Inquiries can be sent through the following channels:
Phone: 888-OCM-5151 (888-626-5151)
Email: medical@ocm.ny.gov
The State of New York levies a 7% excise tax on medical cannabis and medical cannabis product sales made by licensed medical cannabis organizations. This tax cannot be levied on medical cannabis purchasers.
The following taxes apply to adult-use cannabis:
The local excise tax is split 75% to the municipality where the licensed dispensary is located and 25% to the county.
Medical cannabis was legalized in the State of New York, including Tompkins County, in 2014, although licensed medical cannabis dispensaries only began retail sales 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, 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 started, there were 48,396 marijuana possession arrests and 521 marijuana sales arrests, totaling 48,917 marijuana offense arrests across the state.
In 2021, with the legalization of adult-use cannabis, there were 583 marijuana possession arrests and 17 marijuana sales arrests, totaling 600 marijuana offense arrests throughout the state.
The number of DUI arrests during those years was as follows: