New York Home Grow Rules: Plants, Storage, and Household Limits

New York home grow rules let adults 21+ cultivate 3 mature and 3 immature cannabis plants per person, with a 6 mature / 6 immature household cap and up to 5 pounds of trimmed flower stored at the residence. Plants and stored cannabis must be secured and out of public view. This article covers every number, where cultivation is allowed, what landlords can and cannot restrict, the penalty ladder, and medical-patient carve-outs.

What Are the New York Home Grow Rules?

New York allows adults 21 and older to cultivate up to three mature and three immature cannabis plants per person, with a household cap of six mature and six immature plants in any single private residence, and to store up to five pounds of trimmed cannabis in a secure, non-visible location on the property [1]. Those caps sit on top of the standard 3-ounce public possession limit for flower and 24 grams for concentrates [5], and they exist alongside, not in place of, the rules that govern licensed dispensaries. The framework is the Marijuana Regulation and Taxation Act (MRTA), and the Office of Cannabis Management's home-cultivation regulations took effect on June 26, 2024 [3].

The home-grow framework sits inside a much larger MRTA-based system that touches possession, retail sales, licensing, and consumption. For a wider read of where home cultivation fits into the broader state framework, see the 2026 overview New York Cannabis Laws in 2026: What's Legal, What's Restricted, What Changed, and for a hands-on grower-friendly primer on what home cultivation actually looks like in New York, see the practical guide Growing Cannabis at Home in New York: What You Need to Know.

The headline numbers every New York home grower needs to know:

• 3 mature and 3 immature plants per qualifying adult
• 6 mature and 6 immature plants per private residence (the household cap)
• 5 pounds of trimmed cannabis stored on-site in a secure, non-public-view location
• 3 ounces of flower and 24 grams of concentrate carried outside the residence

Home cultivation is for personal use only. Selling, bartering, or trading homegrown cannabis for money or other goods requires an OCM license, and gifting more than 3 ounces of flower or 24 grams of concentrate to another adult 21+ is also unlawful. The full statutory authority lives in Penal Law § 222.15, which sets the 3/3 and 6/6 caps, the 5-pound storage limit, the $125 civil-fine floor for violations, and the rule that no county or municipality may effectively ban lawful personal home cultivation [4].

How Many Cannabis Plants Can You Grow at Home in New York?

The per-person cap is three mature and three immature cannabis plants, and the per-residence cap is six mature and six immature plants, regardless of how many qualifying adults live at that address [2]. Both numbers are codified in the same place — 9 NYCRR § 115.3(c)–(d) — with the per-person cap and the per-residence cap stated as two separate and absolute limits. The Marijuana Policy Project confirms the same structure: 3 mature / 3 immature per person, 6/6 per household, with the same numbers applying to medical patients as to adult-use consumers [6].

A mature plant is one that has flowered or, in practical terms, is at least 18 inches tall and 18 inches wide; everything else in cultivation counts as immature. Only female plants count toward the cap. Male or hermaphrodite plants should be removed promptly because they pollinate female plants and reduce usable flower, and they are also considered waste under the MRTA, not part of the cap.

The plant caps at a glance:

• Per-person cap: 3 mature and 3 immature plants
• Per-residence cap: 6 mature and 6 immature plants
• Mature = flowered, or at least ~18 in. tall and ~18 in. wide
• Immature = every other plant in cultivation
• Only female plants count; male and hermaphrodite plants are excluded
• Caps are the same for adult-use consumers and certified medical patients

If a household has more than one qualifying adult, the same 6/6 cap applies. Two adults living together still get six mature and six immature, not twelve and twelve. The cap is set per residence, not stacked per person, and the only way to access more capacity is to cultivate in a separate private residence where the cultivator actually lives. For readers comparing these home caps against the broader state possession framework, the possession-limits explainer How Much Cannabis Can You Legally Possess in New York? breaks down how 3 ounces in public and 5 pounds at home are calculated.

How Much Cannabis Can You Store at Home in New York?

Adults 21 and older may lawfully keep up to five pounds of trimmed cannabis flower, or the equivalent weight in concentrated cannabis, in or on the grounds of their private residence [1]. The concentrated equivalent is 22.5 ounces, calculated on a per-gram-of-flower basis from the OCM Home Cultivation FAQ. In public, the cap is 3 ounces of flower and 24 grams of concentrate per person — the same MRTA numbers used everywhere else in adult-use law [5]. For a side-by-side reading of possession, use, and where each number applies, the State possession and use explainer NY Cannabis Possession & Use Rules walks through the full ladder.

The home storage cap versus the public possession cap, side by side:

The home-storage numbers at a glance:

• Trimmed flower cap: 5 pounds at the residence
• Concentrate equivalent: up to 22.5 ounces
• Public flower cap: 3 ounces per person
• Public concentrate cap: 24 grams per person
• Storage must be on the grounds of the cultivator's private residence

Penalty tiers attach to how much cannabis is on-site, not just how much is being cultivated. The NORML state penalty summary spells out the standard structure: anything over the public limit and up to 16 ounces is a civil violation carrying a fine up to $125; 16 ounces to 5 pounds is a misdemeanor; 5 to 10 pounds is a felony carrying up to 4 years; and more than 10 pounds is a felony carrying up to 7 years [7]. OCM's separate Penal Law fact sheet layers the post-MRTA enforcement structure on top: unlawful possession over the 3-ounce public limit carries a fine up to $125, unlawful sale without a license carries a fine up to $250, and selling to a minor is a class E felony [8].

Five pounds of trimmed flower is a high ceiling that most home growers will never approach. A single mature plant under residential lighting typically produces a few ounces; even a strong 6-plant run under optimal conditions rarely clears a pound per plant. The 5-pound ceiling exists to give medical patients and hobbyists headroom, not as a daily-use expectation.

Where Can You Grow Cannabis at Home in New York?

Cultivation must take place inside, or on the grounds of, a private residence the cultivator actually occupies — that includes owned homes, apartments, mobile homes, co-ops, condos, and rental properties [2]. Hotels, motels, vacation rentals, dormitories, vehicles, and common areas of multi-unit housing do not qualify. Common areas in apartment buildings are not "the grounds of" the cultivator's private residence, even if the cultivator rents the unit.

The simple allow / deny split for where you can and can grow at home:

• Allowed locations: inside or on the grounds of a private residence the cultivator occupies — owned homes, apartments, mobile homes, co-ops, condos, rentals.
• Not allowed locations: hotels, motels, vacation rentals, dormitories, vehicles, and common areas of multi-unit housing.

Plants and stored flower must be secured, not plainly visible from a public view, and inaccessible to anyone under 21 [3]. Practically that means a locked grow tent, a locked closet, a lock-equipped refrigerator, or a similar enclosed, lockable space. Curtains or frosted glass on the visible window of a grow room are not enough; the rule is about access and view, not just light.

9 NYCRR § 115.3 also bans flammable-solvent home processing. Butane, hexane, propane, and alcohol-based extraction are prohibited at home because the vapor flashpoint is far too easy for a residential space to handle. Mechanical extraction without a solvent (dry sift, bubble hash, rosin press with heat and pressure only) is allowed. Licensed adult-use retailers are the lawful path for any high-potency concentrate beyond what home growers can make themselves, and the Treehouse Flower Flower category shows what state-licensed lab-tested flower looks like from regulated cultivators.

Can Your Landlord Stop You from Growing Cannabis in New York?

In most cases, no. 9 NYCRR § 115.3(l) prohibits a landlord from refusing to lease to, evicting, or otherwise penalizing a tenant solely for engaging in lawful adult-use cannabis activity — and that explicitly includes lawful home cultivation in compliance with the rules above [2]. Two narrow carve-outs apply:

• A landlord may prohibit cannabis if compliance would cost the property a federal monetary or licensing benefit. This is most relevant to federally subsidized housing, Section 8 landlords, and properties whose mortgage, insurance, or grant is federal in origin.
• A smoke-free policy can still prohibit on-premises smoking or vaping, even though cultivation is permitted.

For practical compliance, tenants should keep plants and stored flower in a locked, non-visible space, avoid leaving paraphernalia in common areas, and check the lease for any preexisting smoke-free or odor-evidence language that predates the MRTA. Many leases written before 2021 still carry language that was reasonable at the time but now creates confusion. Talking to the landlord in writing, asking for clarification on the MRTA carve-outs, and keeping plants behind a locked door inside the unit is generally enough.

Growers who do not cultivate a full personal supply often rely on retail options for budget-friendly additions. For a budget-conscious supplement to a home grow, Small Buds Flower Small Buds Flower delivers trimmed buds at a lower per-gram cost than larger formats while still meeting the same lab-tested standard.

What Happens If You Exceed the New York Home Grow Limits?

Cultivating more than six plants per person or twelve per household is a class A misdemeanor under New York law, punishable by up to one year in jail and a fine of up to $1,000 [7]. The threshold is the household cap, not the per-person cap, so a single qualifying adult with seven plants is in the same criminal category as five qualifying adults with thirteen. The cultivation count itself is what tips the case into criminal territory.

Other violations of the home-cultivation rules — failing to secure plants, growing in a non-residence, or exceeding the at-home possession cap — are civil violations carrying a fine of up to $125 [4]. Possession weight and cultivation count can stack: a residence with 12 plants and 6 pounds of stored flower is both a cultivation violation and a separate possession violation, each tiered by statute.

The New York home grow penalty ladder, from most to least serious:

• More than 6 plants per person (or 12 per household): class A misdemeanor, up to 1 year jail, fine up to $1,000
• Other cultivation-rule violations (no secure storage, non-residence location): civil violation, fine up to $125
• Over the 3 oz public possession limit: civil violation, fine up to $125
• Over 16 oz up to 5 lb at home: misdemeanor
• 5 lb to 10 lb at home: felony, up to 4 years
• More than 10 lb at home: felony, up to 7 years

The realistic floor for an accidental overage is the $125 civil fine. The realistic ceiling, for an active over-the-cap grow operation, is the class A misdemeanor. The way to stay on the right side of both is to count plants at the time of harvest (plants that produced flower count as mature, even if the cultivator intended them as immature), count stored weight by ounce in a sealed container, and store the whole setup behind a single locked door that no one under 21 can access.

For readers who want to compare their home harvest against dispensary-grade alternatives, B.A.M • Flower • 70g B.A.M • Flower • 70g is a regulated option for individuals who grow small amounts at home and want to round out their personal supply with lab-tested flower from a New York-licensed cultivator.

Do Medical Cannabis Patients Follow the Same Home Grow Rules in New York?

Yes. Certified medical patients 21 and older, and their designated caregivers, follow the same 3 mature / 3 immature per-person plant cap and the same 6 mature / 6 immature per-residence cap that adult-use consumers do [6]. The home-grow framework is not split between medical and adult-use at the cultivation level — it is one set of rules with one cap structure.

How medical home cultivation lines up against adult-use cap:

• Same per-person cap (3 mature / 3 immature) for certified patients 21+ and their designated caregivers
• Same per-residence cap (6 mature / 6 immature) under the same secure-storage rules
• Medical home cultivation legal since October 5, 2022 — two years before adult-use rules took effect on June 26, 2024
• Patients under 21 cannot cultivate themselves; they must use a designated caregiver
• The caregiver is held to the same plant caps as the patient

The medical program has been active longer than the adult-use home-grow rules. Medical home cultivation in New York has been legal since October 5, 2022, two years before the adult-use rules took effect on June 26, 2024. Patients under 21 cannot cultivate themselves; they need a designated caregiver to grow on their behalf, and that caregiver is subject to the same plant caps.

Cultivation aside, the medical and adult-use systems diverge on the retail and dosing side. Certified patients can buy from registered organizations with different quantity limits and product formats, while adult-use customers shop at OCM-licensed dispensaries under the standard 3-ounce / 24-gram public limit. For adult-use customers who already grow at home and want a low-effort grinding option to keep on hand, Pre Ground Flower Pre Ground Flower is a category worth a look.

For adults across Rockland, Orange, and Westchester Counties, Treehouse Cannabis is an OCM-licensed adult-use dispensary carrying lab-tested flower, pre-rolls, vapes, and edibles from New York-licensed cultivators. Home growers comparing a fresh harvest to current dispensary offerings can stop in to talk with a budtender, sample seasonal cultivars, and find compliant products that complement a home grow.

Sources

• New York State Office of Cannabis Management — Medical and Adult-Use Home Cultivation of Cannabis — Frequently Asked Questions
• New York Codes, Rules and Regulations (9 NYCRR § 115.3) via Cornell Legal Information Institute — Personal Home Cultivation of Adult-use Cannabis
• New York State Office of Cannabis Management — Home Cultivation Is Now Legal in New York State for Adults 21+
• New York State Senate — Penal Law § 222.15 — Personal Cultivation and Home Possession of Cannabis
• New York Penal Law — Article 222 (Cannabis) — Article 222 — Cannabis (Penal Law)
• Marijuana Policy Project — New York — Marijuana Policy Project State Profile
• NORML — New York Marijuana Laws and Penalties
• New York State Office of Cannabis Management — Cannabis Management Fact Sheet — Penal Law

About Treehouse Cannabis

Treehouse Cannabis is an OCM-licensed adult-use dispensary serving adults 21 and older across Rockland, Orange, and Westchester Counties in New York. We carry lab-tested flower, pre-rolls, vapes, edibles, and concentrates from New York-licensed cultivators and processors. This article is for general informational purposes and is not legal or medical advice; consult a licensed attorney for legal questions and a qualified clinician for medical questions. Laws and regulations change, so always verify the current rules on the OCM and NY Senate sites.

Cannabis is for adults 21 and older. Keep all cannabis products secure and out of reach of children, pets, and visitors under 21. Do not drive or operate machinery while impaired. Possession and use remain restricted under federal law regardless of state law.