New York Marijuana Laws

New Yorkers became able to buy adult-use recreational marijuana on Dec. 29, 2022, but the roll-out process has proven to be a bumpy ride. Gov. Andrew Cuomo signed the Marijuana Regulation and Taxation Act (MRTA) on March 30, 2021.

This ambitious bill from lawmakers in Albany legalized adult-use cannabis and allowed personal-use home cultivation for recreational users (which got delayed until June 2024). It also expunged convictions for minor cannabis crimes and established the Office of Cannabis Management (OCM).

In this article, we'll examine the laws and how they affect you. You'll learn the differences between medical marijuana and recreational marijuana use and where to find a dispensary near you.

New York Marijuana Laws: What You Need To Know

Recreational cannabis use and medical cannabis use are legal in New York. It's legal for an adult over 21 to have up to 3 ounces (84 grams) of marijuana and 24 grams of concentrated cannabis. Public possession is legal, but the use of marijuana products in public is a civil violation and carries a fine. There are exceptions for licensed locations, such as cannabis consumption lounges.

As of June 11, 2024, recreational use adults join medical marijuana patients in being allowed to cultivate, process, and use the product from up to three mature cannabis plants and three immature cannabis plants in their homes. If there are two or more adults at the home, they can have up to six mature cannabis plants and six immature plants.

While 3 ounces is the possession limit of legal cannabis on your person, adults 21 and older may keep up to 5 pounds of marijuana at home. Cultivation and storage must be secured from public view and inaccessible to children and pets.

Cannabis use is legal in private homes. Landlords can prohibit smoking and vapes of any kind in their buildings, but the use of other cannabis products, such as edibles or tinctures, is still legal.

Cannabis use is illegal in motor vehicles or private businesses such as restaurants and bars.

Private sales of marijuana are illegal in New York, but the sharing or gifting of up to 3 ounces with another legal adult is permitted. All sales of legal marijuana should be conducted through licensed cannabis dispensaries.

The Cannabis Control Board (CCB) oversees OCM and is in charge of applications and licensing for the New York cannabis industry. A goal is to ensure that at least 50% of all licenses go to social and economic equity applicants.

Gov. Kathy Hochul, dissatisfied with the lagging approval of licenses, the lack of open dispensaries, and the explosion of illegal dispensaries selling unregulated cannabis in places like New York City, initiated a shakeup of the OCM in May 2024. Excise taxes for wholesalers have also been eased, allowing legal retailers to lower their prices.

Marijuana is legal in New York, but as of May 2024, it's still a Schedule I drug under federal law due to the Controlled Substances Act (CSA). This means it's a crime to use or have cannabis on federal lands such as national parks, military bases, federal courthouses, and federally subsidized housing. While all signs point to reclassification, confirm the status before taking any chances.

Now that you have a grasp on the basics of New York cannabis laws let's move on to the different types of cannabis available: medical and adult-use recreational.

New York Medical Marijuana Laws

The Medical Cannabis Program (MCP) has evolved significantly since 2016, when S7923, the New York Compassionate Care Act, became law. Its constant evolution was boosted in 2022 when the OCM expanded the MCP. This allowed physicians to recommend patients for the program for any condition they deemed worthy, as opposed to limiting eligibility to a set list of specific ailments.

In 2023, the OCM switched from a medical marijuana card to a medical practitioner certification, which means the patient is registered in the MCP once their health care professional approves them. New York provides a list of qualified practitioners.

Rather than a universal set possession limit, practitioners decide how much cannabis each patient needs. MCP patients can have up to a 60-day supply but are still under the 3-ounce personal possession law. On June 1, 2024, the state excise tax rate for medical marijuana purchases in New York dropped from 7% to 3.15%.

Adult patients under 21 can buy medical cannabis but are not allowed to cultivate marijuana plants. MCP patients may appoint their own caregivers and can have up to five at any time.

New York Adult-Use Recreational Marijuana Laws

Problems with issuing licenses have made the purchasing of recreational cannabis in New York difficult at times. With over 100 licenses approved in early 2024, the number of legal dispensaries should rise and provide more options for purchasing. A reduction will also aid prices in a wholesale excise tax. While unlicensed shops selling marijuana are many, New York warns consumers that their product is unregulated and hasn't been certified for quality.

Recreational users may buy up to 3 ounces of cannabis, 24 grams of concentrated cannabis, or the equivalent in THC-infused cannabis products like edibles. Retail dispensary adult-use sales are subject to a 13% excise tax, which combines a 9% state excise tax and a 4% local excise tax.

As noted above, as of June 11, 2024, recreational use adults over 21 years of age can cultivate, process, and use the product from up to three mature cannabis plants as well as another three immature plants. They can keep up to five pounds of usable marijuana in their home.

Expungement and New York Marijuana Laws

In 2021, the MRTA and Bill S6579 decriminalized the possession of small amounts of marijuana. It meant that convictions for those offenses were for a law that no longer existed. New York instituted automatic expungement for certain marijuana offenses. This means they were removed from criminal records as if they'd never existed.

Other charges may be eligible for expungement but require action. Check the New York Courts expungement page to check your status or see how to file.

New York Marijuana Laws and Penalties

New York's drug laws are complex and part of everyday life. For example, operating a motor vehicle under the influence of cannabis carries the same penalties as an alcohol-caused DUI. The table below recaps the information above and summarizes the penalties for violating New York cannabis laws.

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct independent legal research to verify the status of any New York state laws you are reviewing.

New York Marijuana Laws: Related Resources

• Medical Marijuana: An Overview
• Cannabis Law
• Drug Manufacturing and Cultivation
• New York Cannabis Law Overview
• New York Criminal Statute of Limitations
• New York Code
• Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.

Facing New York Marijuana Law Charges? Talk to an Attorney

Despite the legalization of marijuana, it's still possible to run afoul of law enforcement when it comes to selling, growing, or possessing cannabis in New York. If you or a loved one is facing charges for a marijuana-related crime, severe penalties for a conviction might be in your future.

Consider contacting a skilled drug crime lawyer in New York. They can explain how the state's marijuana laws apply to your circumstances and give you options.