§ 41. Home cultivation of medical cannabis. 1. Certified patients\neighteen years of age or older may cultivate cannabis for personal\nmedical use. Designated caregivers eighteen years of age or older,\ncaring for certified patients either younger than eighteen years of age\nor whose physical or cognitive impairments prevent them from cultivating\ncannabis, may cultivate cannabis for use by such patients, provided that\nno other caregiver is growing for said patient or patients. Cultivation\nunder this section shall be in accordance with section 222.15 of the\npenal law and any regulations made by the board, provided that the\nmaximum number of cannabis plants a designated caregiver is authorized\nto grow is proportionately increased for each patient they are growing\nfor.\n 2. Nothing in this section shall be construed to permit any certified\npatient or designated caregiver to sell any cultivated cannabis produced\nby any cannabis plant which is or was cultivated for a certified patient\npursuant to this section to any other person, even if the certified\npatient no longer needs or wants such cannabis; provided however, a\ncertified patient or designated caregiver shall be authorized to give\nsuch cultivated cannabis to another certified patient in the amounts\nauthorized by section thirty-one of this article. Any certified patient\nor designated caregiver who is found to be selling such cultivated\ncannabis for compensation or other remuneration may be subject to any\nrelevant penalties in this chapter, the penal law, and the tax law.\n
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