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Buy Marijuana Seeds In New York Want another reason to love the Empire State?- Being able to buy marijuana seeds in New York. You got that right; from the time cannabis was made legal in New Licensing presents a big opportunity. New York became the 15th state to legalize recreational adult-use cannabis following the passage of the Marijuana Regulation and Taxation Act (MRTA)…

Buy Marijuana Seeds In New York

Want another reason to love the Empire State?- Being able to buy marijuana seeds in New York.

You got that right; from the time cannabis was made legal in New York, residents can now plant marijuana seeds in the comfort of their homes.

There is a rich palette of cannabis seeds to choose from; autoflower seeds in New York, feminized seeds in New York.

This guide shares how you can buy cannabis seeds in New York, the legal framework governing marijuana use, and the best marijuana strains in New York.

Buy Marijuana Seeds In New York

Is marijuana legal in New York?

Marijuana has been decriminalized in the state of New York.

This means you won’t be arrested for possession and using marijuana for both medical and recreational use as long as it’s within the law.

For long attempts to legalize marijuana for recreational use failed.

The empire state finally embraced the bill (Senate Bill S854A) in March 2021.

This bill has since brought many changes to the laws governing marijuana use in New York.

After a long period of incarcerations on the cases of marijuana, many will now be released following this bill.

To see how this is possible, read the laws stated below.

Cannabis laws in New York

Who can buy and use marijuana in New York?

Senate Bill S854A summary;

  • The bill allows the possession of up to three ounces of marijuana and allows each person to grow up to three mature marijuana plants with a cap of six mature plants per household. The legalization of possession and home-grow goes into effect immediately.
  • The bill establishes the Office of Cannabis Management to license and regulate recreational marijuana retail and distribution. The new office will also take over the regulation of medical marijuana sales. The office will be run by a board consisting of three members appointed by the governor, one member appointed by the Assembly, and one appointed by the Senate. The bill does not establish a specific date by which legalized recreational marijuana sales would begin, but state officials estimated it would be between 18 months and two years. The bill also establishes an advisory board for the office.
  • The bill will create expungement and resentencing processes for anyone convicted on a charge that is no longer a crime under the new law. It would also allow for the expungement of certain convictions that occurred before the state’s 2019 decriminalization law but for which sentences were reduced or removed by decriminalization.
  • The bill provides for a 13% excise tax on retail marijuana sales. It also enacts a tax ranging from $0.03 to $0.08 per milligram of THC for wholesale to dispensaries. Gov. Cuomo’s office estimated revenue of $350 million annually. Income above what is required for administration and enforcement would be allocated to the Community Grants Reinvestment Fund, general education through the State Lottery Fund, the Drug Treatment and Public Education Fund, and local municipal and county governments.
  • The bill allows cities, towns, and villages to pass local laws prohibiting certain retail establishments and regulating certain aspects of the operation of retail establishments. The bill also contains a process for local voters to overturn local legislation banning recreational marijuana retail.
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How about medical marijuana?

New York first legalized medical marijuana in 2014, and under this bill, several changes were made aiming to reduce restrictiveness.

The list of medical conditions covered significantly widened, including Alzheimer’s disease and muscular dystrophy. In addition, patients were no longer restricted from smoking medical marijuana, and the 30-day cap on supply for patients was doubled.

Under certain circumstances, medical marijuana companies were allowed to enter the more lucrative recreational market, a measure they aggressively lobbied.

Impaired driving

It remains illegal to drive under the influence of marijuana, just as it’s illegal to drive while intoxicated by alcohol.

An officer can use the smell of burned cannabis as a reason to suspect that a driver is under the influence. Still, they are only allowed to search parts of the car that are readily accessible to the driver, not the trunk.

Unlike with alcohol, there is currently no easy way to quickly and reliably measure whether a person is under the influence of cannabis, especially since traces of the drug can stay in someone’s system after the high has worn off.

Under the new law, the Health Department is required to look at emerging devices that could potentially allow officers to use a saliva test to detect whether a driver is high.

Cannabis cultivators begin planting seeds as New York’s industry starts rolling

NEWARK, N.Y. — New York state has approved 52 licenses to cultivate marijuana for adult use. For those who are in that group, the license presents a big opportunity.

In a Newark warehouse, they are literally planting the seeds for a new frontier.

“We gear everything toward the cannabis industry,” said Jeremy Jimenez, who co-founded Honest Pharm Co. three years ago. The hydroponics store is geared toward the hemp and cannabis industry. The place sells everything from soil and seeds to rolling papers and bongs.

This month, the business began planting cannabis seeds. Honest Pharm Co. is one of the 52 businesses approved to grow and cultivate marijuana in New York.

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They are pioneers of this new frontier.

“It’s getting more publicly accepted,” said Jimenez of the use of marijuana. “And as we educate people, it’s not just about getting high. There are medical benefits.”

The past few years, Honest Pharm Co. grew hemp in the warehouse. The product was used to develop a line of CBD products. The machine which can plant 9,000 seeds an hour is the same one they used for hemp.

“It does give us a leg up a little bit,” he said. “Because we have done it on a mass scale.”

Jimenez has previous experience in Colorado’s booming marijuana industry. He says Newark has welcomed him back to his hometown.

“I mean, you’re always going to have one or two,” said Jimenez of the naysayers. “But as far as the community here in Newark, it’s been open arms here.”

Jimenez says the plan is for between 8,000 and 10,000 marijuana plants this year, which will be grown indoors, then picked, dried, processed and sent off to the state for testing — and finally sold to dispensaries.

“The potential here is unlimited,” said Jimenez. “As long as you got everything together and all the moving parts and the right people together, you can really take off in this industry.”

Cannabis Growers Currently Unprotected by New York State’s Seed Law

New York became the 15th state to legalize recreational adult-use cannabis following the passage of the Marijuana Regulation and Taxation Act (MRTA). Among other things, the MRTA established the Cannabis Control Board (CCB) and Office of Cannabis Management (OCM) to create and implement a regulatory framework integrating New York State’s adult-use cannabis program with its medical cannabis and cannabinoid hemp markets. To date, most of the attention directed at the CCB and OCM has been focused on the forthcoming regulations and licensure processes that will govern participants in the various cannabis programs. Unfortunately, far less attention has been directed to the equally important issue of how New York’s existing laws will be applied to participants in the legalized recreational cannabis market.

NEW YORK STATE’S SEED LAW

One such existing law that is crucial to maintaining a strong cannabis market is New York State’s Seed Law, codified in Article 9 of the Agriculture and Markets Law. As explained in an earlier article, this law provides a regulatory mechanism that authorizes the State to sample, identify and remove seeds from commerce. The law sets minimum germination and purity standards and requires that each container of seed sold, offered for sale, or transported in New York State for planting purposes have attached to it a label containing certain information, including the germination rate of the seed. Vendors are responsible for accurately labeling the seed and are prohibited from affixing false or misleading labeling to their seed, or otherwise disseminating false or misleading advertising about the seed.

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The Seed Law does not create a private right of action for growers. Rather, it grants the New York State Department of Agriculture and Markets (“Department”) broad enforcement powers to regulate the seed sold within New York State’s borders. Among other things, the Department can prohibit sales or seize and destroy seeds that have such low germination rates as to be unfit for seeding purposes. It can also issue stop sale orders against vendors not in compliance with the labeling and/or advertising provisions of the Seed Law.

REGULATION OF MARIJUANA SEEDS UNDER THE SEED LAW

As it stands now, the Seed Law seemingly excludes cannabis from its protections. The Seed Law applies to all “agricultural seeds” sold in New York State and requires labels affixed to these seeds to identify the “kind” of seed therein. The Department’s regulations applicable to the Seed Law require that “Cannabis sativa L.” seeds be labeled as “hemp.” The Seed Law does not define “hemp,” but does state that agricultural seeds encompass “industrial hemp,” as defined in Article 29 of the Agriculture and Markets Law. That Article does not define “industrial hemp,” but does define “hemp” as any part of the Cannabis sativa L. plant, including its seeds, with a delta-9 tetrahydrocannabinol (THC) concentration of no more than 0.3% on a dry weight basis. Accordingly, any part of the Cannabis sativa L. plant with a THC content greater than 0.3% is, necessarily, “cannabis” and does not currently fall within the purview of the Seed Law.

Interestingly, cannabis and hemp both belong to the Cannabis sativa species. These two terms are simply different names for the same species of plant—their distinguishing factor being THC content. The Seed Law does not acknowledge this naming distinction within the Cannabis sativa species and thus, by its own terms, applies only to plants of this species with a THC content of less than 0.3%.

The impending legalization of the cultivation, processing, distribution and sale of cannabis and cannabis seed will be an economic boon to the State and undoubtedly create an influx of seed vendors. Failing to include cannabis as a protected seed under the Seed Law will leave growers without a powerful tool to protect themselves from unscrupulous vendors, and the State without the ability to seize and destroy destructive cannabis seeds unfit for planting. We expect the Department of Agriculture and Markets and the CCB (the entity responsible for regulating cannabis packaging and advertising) to address this dilemma under the Seed Law in the near future. Phillips Lytle’s Cannabis Team will continue to monitor the changing legal landscape and issue updates as needed.

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