This week new regulations went into effect allowing some New Yorkers to grow marijuana at home. However, the changes come alongside some confusion over enforcement of cannabis regulations.

“We had so much dreams and so many you know plans for this property and you know for our family to grow,” said Rosalyn Sealy Stephens.

What Stephens and her husband, Michael, saw growing in their neighbor’s backyard has them rethinking a decision to buy their dream home in St. Albans, Queens.

Over the summer, they noticed what they believe is marijuana sprouting up in the backyard that connects with their home. Cell phone video taken during that time shows well over a dozen plants.

“My kids cannot be in our beautiful backyard the smell gets so heavy,” Mrs. Stephens said.

The couple called the police, but they said officers issued a warning, and nothing changed. They want to know why.

NY1 contacted Landon Dais, an attorney with Forchelli Deegan Terrana LLP who specializes in cannabis law, and asked him about the current regulations around home-grown marijuana farms in New York.

“Unless you have a medical marijuana card or are a caregiver, you cannot grow marijuana at home at this time,” Dais said.

NY1 verified this with Office of Cannabis Management, which states certified patients and designated caregivers age 21 and up can grow at home as of Oct 5.

NY1 knocked on the neighbor’s door and left a note with our contact information for comment but haven’t heard back.

According to the NYPD, with the Office of Cannabis Management’s regulations in effect “individuals 21 or older will be permitted to grow a maximum of 6 plants at their home.” There is a maximum of 12 plants, no matter how many people live at the residence. Again, this only includes medical marijuana patients and caregivers.

It’s not clear how that will be enforced at properties like the Stephens’ neighborhood.

Attorney Michael McQueeny, who works in the Cannabis Group at Foley Hoag and teaches cannabis law at New York Law School, said this is a confusing time for new cannabis legislation due to efforts to decriminalize possession of marijuana.

“What we’re seeing right now is the testing of that policy rationale right, which is we don’t want people going to jail for marijuana offenses,” McQueeny said.

Experts agree, there generally has not been stiff penalties for violators since the Marijuana Regulation and Taxation Act took effect. Though, McQueeny expects that to change, particularly as more people skirt new cannabis laws.

“But when that marijuana activity becomes so egregious that it becomes these quality-of-life offenses, at some point we’ll begin to see more of a crackdown,” he said.

A recent look at the neighbor’s backyard at the Stephens’ home shows a fraction of the marijuana that was growing there over the summer. Though, as long as it’s against the law, any amount is a problem for the family.

“I’m hopeless, we’re hopeless,” Stephens said. “What can we do?”

The Stephens’ situation is complicated by the fact that, according to the property manager of the neighbor’s home, the bank that owns the property is contesting the residency of the current occupants.

Meanwhile, under the Marijuana Regulation and Taxation Act, New Yorkers who do not have medical marijuana cards will not be able to grow cannabis at home until 18 months after the first retail marijuana dispensary is open. Since that isn’t expected to happen until year’s end, non-medical marijuana card holders won’t be able to grow at home until at least 2024.