New York Marijuana Laws
By FindLaw Staff | Legally reviewed by Steven J. Ellison, Esq. | Last reviewed October 18, 2022
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New York allows both medical and recreational marijuana. It was fully legalized in March 2021 with changes focused primarily on recreational marijuana. You can learn the specifics of medical marijuana laws in New York.
New York's Recreational Marijuana Laws and Penalties
New York's drug laws are complex. There are half a dozen multiple classes laid out for drug possession alone. With that caveat, the basic provisions of New York marijuana laws are listed in the table below. See FindLaw's Drug Charges section to learn more.
| Code Section | Penal Law Section 220, et seq.; Section 222, et seq.; New York S6579 Public Health Code Sections 3306, 3307 Marihuana Regulation and Taxation Act S854A |
|---|---|
| Penalties for Possession | Up to 3 ounces of cannabis or up to twenty-four grams of concentrated cannabis - legal for those 21 or older 3 to 16 ounces (1 pound) of cannabis or 24 grams to 5 ounces of concentrated cannabis - fine of not more than $125 1 pound to 5 pounds of cannabis or 5 ounces to 2 pounds of concentrated cannabis - Class A misdemeanor 5 pounds to 10 pounds of cannabis or 2 pounds to 4 pounds of concentrated cannabis - Class E felony 10 pounds or more of cannabis or 4 pounds or more of concentrated cannabis - Class D felony |
| Penalties for Sale | Unlawful sale of cannabis - Fine of up to $250 3 oz to 1 lb of cannabis or 24 g to 5 oz of concentrated cannabis - Class A misdemeanor 1 lb to 5 lb of cannabis or 5 oz to 2 lbs of concentrated cannabis -Class E Felony 5 lbs to 100 lbs of cannabis or 2 lbs to 100 lbs of concentrated cannabis - Class D felony 100 lbs or more - Class C felony Note that penalties for sales to minors, subject to certain exceptions, are harsher |
| Trafficking | - |
| Expungement | According to Bill S6579, People who have been previously convicted of possessing small amounts of cannabis can expunge their records. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Medical Marijuana Laws in New York
New York allows for the limited use of medical marijuana within the state. No more than twenty dispensaries can operate statewide. Those facilities are able to prescribe non-smokable preparations (i.e. tinctures, edibles) of marijuana to people with cancer, glaucoma, or other diseases on a state list.
Research the Law
- New York Code
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
New York Marijuana Laws: Related Resources
- Medical Marijuana: An Overview
- Drug Manufacturing and Cultivation
- New York Criminal Statute of Limitations
Arrested Under New York Marijuana Laws? Talk to an Attorney
States have generally loosened their marijuana laws, but it's still a crime to sell, grow, or possess cannabis in New York. If you've been charged with a marijuana-related crime, penalties upon conviction (or after a guilty plea) may vary quite a bit. Your best bet is to contact a skilled drug crime lawyer in New York who can explain how the state's marijuana laws apply to your specific circumstances and provide you with your options moving forward.
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