How Many Cannabis Plants Can You Grow in New York? (2026 Rules)
Quick answer: Adults 21 and older can grow six plants each: three mature and three immature. A private residence tops out at 12 plants (six mature, six immature), even if three or more adults live there. Plants must be at your home, secured, and out of public view.
Last verified: October 30, 2026, against the New York Office of Cannabis Management home cultivation FAQ and Penal Law Article 222 as enacted in the MRTA. Laws change, so check the official site before you plant.
| Who can grow | Adults 21 and older, plus certified patients and designated caregivers who are 21 or older |
|---|---|
| Plant limit per adult | 6 plants: 3 mature and 3 immature |
| Household limit | 12 plants per private residence: 6 mature and 6 immature |
| Mature vs immature | Mature plants have visible buds or flowers. Immature plants don’t |
| Where plants can be | Indoors or outdoors at your private residence, secured and not plainly visible to the public |
| License or registration | None for adult-use growers |
| Over-the-limit penalty | Civil penalty up to $125 per violation under Penal Law §222.15 |
How the limit works
New York has two caps, and you have to meet both. Penal Law §222.15(1) limits each person to three mature and three immature plants at any one time. Section 222.15(2) limits each private residence to six mature and six immature.
Say two adults share a home. Each can have three mature and three immature plants, for 12 total. Add a third adult and the total is still 12, so all three share the same cap.
The difference between mature and immature matters here. The Office of Cannabis Management (OCM) defines mature plants as those with observable buds or flowers. Immature plants have none. That means a plant can change categories as it flowers, so plan ahead to stay within three mature plants per person.
Here’s a detail many guides miss: OCM says only female plants count toward the limit. If a plant you started from seed turns out to be male, it doesn’t count, and you can grow another immature plant to replace it.
One federal note: home growing remains illegal under federal law even though New York allows it. Recreational marijuana is still Schedule I.
Where you can grow
You can grow only at your own private residence or on its grounds. OCM defines that as a building or structure designed and occupied for residential purposes. Hotels, motels and other temporary lodging don’t count.
- Own or rent: Both work, including a room, house, apartment, mobile home or co-op.
- Outdoors: Allowed in non-shared areas you have legal rights to, if they’re next to your home.
- Common areas: Not allowed, even if a shared yard is your only outdoor space.
- Security: Take reasonable steps to keep plants away from anyone under 21. OCM suggests locks, gates, doors or fences.
- Public view: Plants can’t be plainly visible to people who aren’t on the property.
- Odor: You must take reasonable measures to keep the smell from becoming a nuisance to neighbors. OCM lists activated carbon filtration and grow tents among approved options.
Living next to a church or school doesn’t stop you, as long as you follow the safety and storage rules.
Renters, landlords and local rules
New York is unusually good for renters. OCM says a landlord generally can’t refuse to lease to you, or penalize you, solely for legal home growing. Leases also can’t ban personal cultivation unless allowing it would cost the landlord a federal benefit. That exception matters in federally assisted housing, so ask before you plant.
Landlords can still ban smoking and vaping in your unit, and you can be held liable for property damage your lease covers. Landlords, co-ops and condo associations can also adopt odor policies that may affect how you grow.
Towns can’t shut home growing down. Under Penal Law §222.15(6), a county, town, city or village can reasonably regulate it but can’t completely or essentially prohibit it. Breaking a local rule is capped at an infraction with a civil penalty up to $200. A town that opted out of dispensaries still can’t restrict your right to grow at home.
How much of your harvest can you keep?
Up to five pounds of cannabis flower at home, under Penal Law §222.15(5). That’s far above the public limit of three ounces of cannabis and 24 grams of concentrate.
OCM says the at-home limit can also be met with up to 22.5 ounces of concentrate, or a mix of both that adds up to the same equivalent. Live plants in soil count toward the plant limit, not the weight limit, so a big plant is fine. Once you cut it, the weight counts. Keep your harvest secured and out of reach of anyone under 21.
Can you give it away?
Yes. You can give up to three ounces of cannabis and 24 grams of concentrate to another adult 21 or older, with no compensation. That covers homegrown and store-bought cannabis. You can’t sell, trade or barter it, and OCM says bundling a “gift” with a paid item is illegal.
Where do you get seeds or clones?
OCM says adults can buy seeds or immature plants from an adult-use dispensary, a microbusiness or a registered organization with dispensing. Call ahead, because availability varies. You can also clone your own plant, as long as you stay within the plant limits.
What if you go over the limit?
- Too many plants, or another §222.15 violation: a civil penalty up to $125 per violation.
- Breaking a local rule: an infraction, with a civil penalty up to $200.
- More than five pounds at home: possession over five pounds is a class E felony, and over ten pounds is a class D felony (Penal Law §§222.35, 222.40).
- Selling cannabis: a violation with a fine up to $250 at the low end, rising to crimes for larger amounts or for sales to anyone under 21 (Penal Law §§222.45, 222.50).
New York home grow FAQ
Can three adults grow 18 plants in New York?
No. New York caps every private residence at 12 plants, six mature and six immature, however many adults live there. Three adults must share that limit.
Can a New York landlord ban growing cannabis?
Usually not. The Office of Cannabis Management says New York leases can’t ban personal cultivation unless allowing it would cost the landlord a federal benefit. Landlords can still ban smoking and vaping, and they can set odor policies.
Do male plants count toward New York’s plant limit?
No. The Office of Cannabis Management says only female plants count. If a plant started from seed turns out to be male, it won’t count, and you can grow another immature plant to replace it.
Can you grow cannabis outside in New York?
Yes, if the space is non-shared, next to your home, and you have legal rights to it. Plants must be secured and not plainly visible to the public. Shared common areas aren’t allowed.
Want the bigger picture? Read our New York marijuana law guide and marijuana cultivation for beginners.
Setting up indoors? See our guides to grow lights and grow tents.
