A bill filed today in the New York State Assembly by Assemblymember Donna Lupardo (D) would provide regulatory relief for small-scale marijuana farmers. The proposal is identical to Senate Bill 8375, which was filed last week.
The legislation, Assembly Bill 8811, has been referred to the Assembly Economic Development Committee and serves as the companion to SB 8375, which is currently in the Senate Rules Committee.
Known as the “Small Cannabis Farmer Relief Act,” the proposal would make it easier for independent and distressed growers to succeed in the state’s legal marijuana market. The bill would amend existing law to increase the cultivation canopy limits for qualifying license holders and provide clearer regulatory definitions for various terms related to marijuana production.
Under the measure, distressed farmers who cultivated marijuana in both 2022 and 2023 would be allowed to grow up to 25,000 square feet of mixed-light canopy or up to 10 acres of outdoor canopy. Those expansions would be exempt from new fees, aside from standard license renewal costs. Microbusiness licensees who meet the same criteria would also be eligible for canopy expansion, provided they remain within limits set for adult-use cultivator licenses.
The legislation also updates definitions for “cultivation canopy,” “greenhouse,” “nursery area,” and “photosynthetic photon efficacy,” addressing regulatory confusion that has created compliance challenges for smaller operators.
If enacted, the bill would take effect immediately and remain in place through the end of 2028 unless extended by lawmakers.
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