New York State Information Page
Current Legality State – New York
Fully Legal
- Medical and recreational use is legalized.
- Decriminalized statewide for personal use
- Adult residents may possess three ounces of cannabis
- Cultivation of up to twelve plants per residence, or six per person
Current Legality State
Fully Legal
- Medical and recreational use is legalized.
- Decriminalized statewide for personal use
- Adult residents may possess three ounces of cannabis
- Cultivation of up to twelve plants per residence, or six per person
Medical Cannabis Savings
Taxes explained and the benefits of getting your medical card in Arizona
Recreational Marijuana Taxes in
13% (9% sales tax + 4% local tax)
Medical Marijuana Taxes in New York
7% excise tax
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Is Cannabis Legal In New York ?
Recreational marijuana has been legal for adult use in New York since 2021 for adults, and medical marijuana has been legal since 2014 for medical cardholders and caregivers.
Retail sales and the ability to purchase cannabis products are set to begin in the spring of 2023.
State Laws and Offenses
Here’s a list of criminal penalties for New York possession, sale, and distribution of marijuana, concentrate, or paraphernalia.
- Marijuana is a Schedule I substance in the state of NY
- Federally, cannabis is still considered a Schedule I Controlled Substance.
- Governor Cuomo signed The Marijuana Regulation and Taxation Act into law which legalized the personal possession of up to three ounces of cannabis flower and up to 24 grams of concentrates for those ages 21 and older.
- Public consumption of marijuana through smoking or vaping concentrated cannabis will be handled as a violation of New York’s tobacco control laws.
- Without compensation, the exchange of up to three ounces of marijuana or 24 grams of concentrate carries no penalty, no imprisonment, and no fine.
- Growing over six cannabis plants per person (a maximum of twelve plants per residence) is a misdemeanor and is punishable by up to one year of imprisonment and a fine of up to 1000 USD.
- Mandatory driver’s license suspension of six months for youthful offenders.
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New York Qualifying Conditions For Medical Marijuana
New York allows patients with the following conditions to apply for a medical cannabis card:
- Acute pain management
- Amyotrophic Lateral Sclerosis
- Cancer
- Chronic pain
- Epilepsy
- HIV/AIDS
- Huntington’s Disease
- Inflammatory bowel disease
- Parkinson’s Disease
- Post-Traumatic Stress Disorder
- Multiple Sclerosis
- Neuropathies
- Opioid substitution
- Spinal cord damage
- Any other condition that the doctor believes can be treated with medical cannabis
Does New York accept out-of-state medical cards?
No. New York does not offer reciprocity to out-of-state marijuana medical cardholders. Adults will be able to purchase from a recreational dispensary beginning in 2023.
When does my New York medical card expire?
Medical cards expire one year from the date the patient completes the registration process with the state.
Get a New York Medical Marijuana Card
New York marijuana DUI laws
Here are the penalties in New York for driving under the influence:
- The first offense can result in a fine of up to 1,000 USD or one year in jail, plus six-month license revocation.
- The second offense can result in a fine of up to 5,000 USD; minimum of five days in jail, up to thirty days in jail; plus one-year license revocation. An offender may also be required to attend a DUI program.
- Third and subsequent offenses can result in a fine of up to 10,000 USD and up to ten years in jail. An offender must install and maintain an ignition interlock device in any motor vehicle owned or operated—a one-year minimum license suspension.
New York marijuana growing laws
Adults are permitted to grow up to six plants per person or twelve per residence. No more than six mature plants can be cultivated at a time. If found, you could face up to a year in jail and a 1000 USD fine for increased home cultivation.
New York public consumption laws
The New York decriminalization law enacted in 2019 added marijuana to the definition of smoking in the state’s Public Health Law, so smoking marijuana is allowed in most places where smoking tobacco is permitted and vice versa.
The city of New York does not enforce cannabis smoking in public areas, but due to federal law, it is not technically legal to consume.
New York city specific laws
The laws listed here are for the state. Cities, counties, schools, universities, and employers may set their own rules and consequences. Be sure to check how marijuana laws differ in each county or town before you use.
How to get a medical marijuana card in New York
These are the steps to getting a medical marijuana card with the help of Leafy DOC
-
Book An Appointment
- You will schedule an online appointment with a Leafy DOC medical marijuana doctor at a time that is most convenient for you.
- Provide basic medical history and book your appointment with a licensed medical marijuana doctor.
-
Evaluation
- Consult with a doctor for 15 minutes to evaluate your ailments, and ask any questions you may have about medical marijuana treatment.
-
Approval
- Within 24 hours after the evaluation, the doctor will send your certificate via email for your recommendation for medical marijuana.
- After receiving that recommendation, you can then apply with the state of New York to complete the registration process.
Book your appointment
- Easily make appointment online
- Skip unnecessary doctor office visits
- Provide basic medical history
Match with a Doctor
- Connect w/ the right doctor for you.
- Thorough evaluation via phone or video call.
- Provider will answer any questions.
Get your Medical Card
- Upon Approval you’ll receive confirmation email
- Receive a temporary card or card in the mail
- Enjoy the benefits of being a medical card holder!
Cannabis Policy Reform Timeline
1927: Cannabis prohibition began in New York due to federal laws
1977: Partial decriminalization; no arrest, just fines for minor possession
2014: The state’s Medical Marijuana program was legalized as well as the ability to purchase medical cannabis; NYPD ceased arrests for small possession, handed out tickets instead
2021: Governor Cuomo signed the Marijuana Regulation and Taxation act to legalize cultivation and possession for adults
2023: Retail sales of adult-use cannabis will begin in NY and will be regulated by the Cannabis Control Board, the Office of Cannabis Management, and The New York State Health Department.
Some of the Current Cannabis Bills in New York
- NY A09554 – Alters the definition of “drug” in the vehicle and traffic law to include any substance or combination of substances that impair, to any extent, physical or mental abilities; defines impairment and intoxication; provides that refusal to submit…
- NY S08496 – Relates to industrial hemp development by including representatives from the New York state hemp workgroup and representatives from industries that currently use or may use industrial hemp in their products.
- NY A09292 – Excludes firefighters and their operational members from the permissive use of marijuana.
- NY A09364 – Requires the sale or delivery of cannabis products by distributors to retailers be in exchange for cash to be paid at the time of delivery or on terms requiring payment by such retailer for such cannabis products.
