Is Marijuana Legal in New York?

Yes. On March 31, 2021, the state of New York made cannabis use legal for adults when Governor Cuomo signed the Marijuana Regulation and Taxation Act (MRTA). The MRTA permits adults above the age of 21 to legally possess, consume, and buy cannabis at authorized retailers while creating the Office of Cannabis Management and Cannabis Control Board.

However, in the case of medical cannabis, it has been legal in the state of New York even before that, since the state has had its own medical cannabis program in place ever since 2014 due to the Compassionate Care Act. Even now, both programs continue operating concurrently, with some benefits available to medical cannabis users.

The amount of allowance of cannabis to carry in New York will depend on whether you are an adult-use consumer or a certified medical patient, and the location, that is, whether you are indoors or outdoors.

For adult-use consumers 21 and older:

• 3 ounces of cannabis flower
• 24 grams of concentrated cannabis (oil, extracts, and similar forms)
• 5 pounds of cannabis stored at your residential home and kept secure from minors 

For certified medical patients:

• 60-day supply, depending on the recommendation of your practitioner

Medical patients tend to be more flexible on this issue because their allowance amount depends on the professional assessment of their healthcare provider.

Medical patients generally have more flexibility here, since the supply limit is tied to a healthcare provider’s professional judgment rather than a flat state cap.

Reviewing New York State possession limits results in either civil or criminal liability based on the quantity of the drug carried:

• 3 to 8 ounces: Generally classified as a civil infraction and is subject to a fine
• 8 to 16 ounces: May result in a misdemeanor charge
• Over 16 ounces: Is potentially subject to a felony charge with increasing penalties with the rise in quantity

Sale or distribution of marijuana without authorization is severely penalized with potentially felonious charges in cases of trafficking and asset forfeiture.

Home cultivation of cannabis by adults is allowed in New York. An adult citizen aged 21 years and above may cultivate 6 plants at a time (3 mature plants and 3 immature plants), and the maximum number of plants one household can have is 12, irrespective of the number of adults present. Over-cultivation is subject to penalties that are not too different from those faced in case of excess possession of cannabis.

Home cultivation of cannabis is also allowed for certified patients and their authorized caregivers for medical use according to OCM’s home cultivation guidelines.

Use of marijuana in New York is allowed at home but not in public places:

• The act of smoking and vaping marijuana in public will be the same as public use of tobacco, and you can get fined up to $200.
• Driving or sitting in a vehicle as a passenger, while smoking marijuana, is considered a criminal offense, even though the vehicle is stationary or moving.
• Use of cannabis is prohibited wherever the use of tobacco is not permitted, such as in restaurants, workplaces, etc.

When you rent a house, remember that landlords cannot prohibit the use of marijuana but only the act of smoking in that house, just as it is done in tobacco cases.

Cannabis DUI is illegal in New York and taken just as seriously as an alcohol DUI case. However, as opposed to alcohol, there isn’t any quantitative measurement, such as the blood alcohol concentration level of 0.08%, but a qualitative assessment by the police, and at times, a drug evaluation. Penalties include fines and license revocation, and sometimes jail sentences, depending on the case circumstances.

Cannabis edibles and beverages are legalized in New York for both medical and adult use and are subject to different regulations compared to the cannabis flower and concentrates, as they have a THC limit based on mg instead of the flower and concentrate limits. Hemp-derived CBD products are legal in New York and can be purchased freely across the state.

The only persons who can certify a person under the New York State Medical Marijuana Program are those healthcare practitioners who are licensed by the state as physicians, nurse practitioners, or physician assistants. They should also be registered under the program by taking approved training courses and being authorized to prescribe controlled substances within New York State. This registration, together with a valid picture ID, gives the patient access to the dispensaries.

New York State gives legal protection to certified medical marijuana patients in terms of certain types of employment discrimination. However, the protection is not absolute, and the employer can apply workplace safety policies and take action if there is actual impairment at work. Also, federal employees and employees of the federal regulated industries do not fall under these provisions.

Apply for your New York medical marijuana card online with licensed doctors. Fast evaluations, secure approval process, affordable pricing.