With the state Cannabis Control Board finalizing rules for home cannabis cultivation in New York late last month, Hornell officials are considering local action to codify the dos and don'ts of growing marijuana in the Maple City.
“New York state opened this can of worms and now local governments have to deal with the unintended consequences,” Hornell Mayor John Buckley said.
Hornell Police Chief Ted Murray told the Board of Public Safety July 12 the department is "dealing with the new marijuana law" and informing residents that it is illegal to grow the plants in open spaces easily reachable by the public.
What are the NYS cannabis cultivation regulations?
New Yorkers 21 years and older may grow up to six cannabis plants for personal use (three mature plants and three immature plants) and a maximum of 12 plants per household (six mature and six immature), even if there are three or more adults 21 and over in the residence.
In addition, a person may lawfully possess up to five pounds of marijuana derived from the plants in their private residence or on the grounds of a private residence.
When it comes to cultivation and storage, according to regulations, residents must take "reasonable steps" to ensure the plants are kept in a secure location and not accessible to anyone under 21.
Reasonable measures include cultivating in an enclosed area that is not plainly visible by the public and locking and storing cannabis in a manner that prevents theft, loss, or access.
What Hornell is expected to do on cannabis cultivation
Counties, towns, cities and villages in New York have authority to enforce the regulations and "reasonably" administer the new cannabis laws.
Buckley said the city is considering its options. For example, with a local law in place, "at least you would have something in your toolbox to tackle those issues as they arise," Buckley said at the Board of Public Safety session.
The mayor confirmed discussions are taking place with the city attorney and the Common Council's Law and Ordinance Committee on creating city regulations and guidelines for cannabis cultivation.
“In a nutshell, I don’t want to see any cannabis plants that are accessible to children or pedestrians as they go by a property," Buckley said. "If someone decides to grow cannabis in accordance with state law, the plants should be in a secure location and out of plain view.”
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