Yes, NYC renters can grow weed in their apartments. But don’t flaunt your flora
- Tenants gained the right to cultivate their own weed under a 2021 law that just went into effect
- NYC landlords cannot discriminate against you for legally growing or using cannabis
- But you risk violating your lease if your marijuana odors bother your neighbors
You can only grow up to three mature plants and three immature plants at a time as an individual.
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New Yorkers aren’t just legally lighting up anymore—they’re now allowed to get their hands dirty and grow their own marijuana.
As of June 26th, tenants and owners gained the right to cultivate cannabis at home thanks to the state legislation from 2021 that just went into effect. Yes, that means you can grow marijuana in your New York City apartment, as long as you don’t live in public housing or other buildings that receive certain federal benefits.
But before you decide to test out your green thumb, there’s a lot you should know about growing marijuana in or around your apartment. Read on for how to grow cannabis without getting in trouble with your landlord.
You can grow cannabis. You can’t sell it
First, don’t quit your day job. You cannot sell your home-grown marijuana without a license from the Office of Cannabis Management (OCM), the state agency that manages New York’s legal weed market. (You are allowed to give away up to three ounces of cannabis or 24 grams of concentrated cannabis.)
Even if you could stand the smell (yes, the plants themselves smell), you can’t fill your apartment with plants, either. An apartment or private residence can hold no more than 12 total plants at once, and a tenant can only grow up to three mature plants and three immature plants at a time, according to the OCM.
So if you have three or more roommates, you’ll have to figure out how to divvy up your apartment’s allotment. It’s certainly not your landlord’s problem; property owners are not responsible for enforcing the 12 plant-per-apartment maximum, according to a spokesperson for the OCM.
You don’t have to tell your landlord
Your marijuana hobby isn’t your landlord’s business either, said Jennifer Rozen, a tenant attorney at the Rozen Law Group.
“There's no legal requirement that a tenant disclose to their landlord they are currently or plan to grow cannabis in their apartment,” Rozen said. “As a prospective tenant, I wouldn't disclose it as a practical matter.”
NYC landlords cannot refuse to rent to you, evict you, or bar you from legally growing or possessing cannabis through your lease, unless the presence of pot would cause them to lose a federal benefit, according to the OCM’s FAQ on home cultivation. Still, it’s best to keep your cannabis to yourself, Rozen said.
“I think it's likely that a prospective tenant's application would be denied by a landlord if they disclose it—legal or not,” Rozen said. “The landlord could come up with other ‘legitimate’ reasons for the denial.”
If you think your landlord is discriminating against you for using or growing cannabis legally, the OCM recommends contacting the New York State Attorney General’s Office.
Out of sight, out of trouble
While you have a legal right to grow weed, you can’t flaunt it.
Tenants need to store their cannabis plants in a “secure location” and must ensure that someone under the age of 21 can’t access the stash. That means plants cannot be “plainly visible to public view,” according to the OCM.
If cannabis is “being grown in common areas where the tenant doesn’t have exclusive access under his lease or isn’t taking appropriate procedural safeguards to keep it away from children,” that would be a red flag for any property manager, said Adam Lindenbaum, an attorney at the real estate law firm Rosenberg & Estis.
So don’t plant pot in your building’s community garden. Within your own outdoor space, you need to make sure your plants are enclosed by fencing, gates, doors, or other barriers that would prevent a passerby from spotting your pot, according to the OCM.
Make sure you pass the smell test
You’ll also need to manage your marijuana’s odor if you plan to grow indoors.
A single cannabis plant will easily stink up your apartment, and the smell will only grow stronger later into the plant’s life cycle. If your unit starts to reek, you could disturb your neighbors.
“Cannabis has a very distinct odor, and I’m sure there’s going to be people that are going to find it offensive,” Gustavo Rusconi, vice president and director of management at property manager Argo Real Estate.
The OCM recommends using a combination of tactics to cut down on smell, such as a HEPA filter, carbon filtration system, odor neutralizing sprays or essential oils, and by keeping potted terpene-rich herbs like lavender, lemon balm, or basil as well. You also need to be mindful of your electric usage if you plan to use additional lighting and air purifiers, and make sure you’re following all NYC fire, electrical, and other safety codes.
Know your building’s smoking policy
The ability to grow your own cannabis is not an authorization to hotbox your apartment. Before you light up, make sure to check your building’s smoking policy to see if you’re permitted to smoke within your unit.
Even if smokers are allowed, you need to be mindful of your neighbors. A persistent stench coming from your apartment could violate your lease—or your building’s house rules if you live in a condo or co-op—and could lead to your eviction.
“Typically that is a violation of co-op or condo house rules, and if you’re renting a lease agreement, where hefty fines can be imposed or if there’s a violation of the lease that leads to a non-renewal,” said Dawn David, a broker at Corcoran who previously managed properties in Manhattan and Brooklyn.
