CannabisLaws.global

Your global guide to cannabis laws

Cannabis Laws in New York

Fully Legalized for Adult Use?

Fully Legalized for Medical Use?

CBD only?

Decriminalized?

Disclaimer: This information is provided for general informational purposes only and may not reflect the most current legal requirements in New York. Cannabislaws.global recommends you consult with a qualified local attorney or legal expert for accurate and up-to-date information. This information is not intended as legal advice and should not be relied upon as such. Use of this information is at your own risk.

Does New York have a recreational use program?

Yes, recreational use is legal in New York. The Marijuana Regulation and Taxation Act (MRTA) made recreational marijuana use for adults legal on March 31, 2021.

Adults over 21 are allowed to possess, purchase, obtain, and transport small amounts of marijuana under the Act.

 

Does New York have a medical program?

Yes. The Compassionate Care Act, which became law in 2016, made medical marijuana legal for people living in New York.

Medical marijuana lets qualified patients and their designated caregivers use, make, deliver, transport, and give marijuana to other people. 

 

What are the rules for medical use?

The Office of Cannabis Management (OCM) in New York State no longer keeps a list of medical conditions that allow people to get medical cannabis in the state. Instead, it lets licensed medical professionals in the state who are qualified, to approve patients for medical cannabis use if they decide that their conditions are so severe that marijuana could help them.

Patients no longer need to sign up with the OCM directly. Currently, a patient is automatically signed up for the program when they get a medical cannabis certificate in New York from a qualified medical provider. Their registry ID number will be on the certificate that is given to them.

You must legally live in New York to take part in the state’s medical cannabis program. To buy medical marijuana at dispensaries in New York, all you need is a valid ID from the government and a medical marijuana card. When placing an order at a dispensary, a caregiver must show their designated caregiver registry ID, along with the patient’s medical cannabis certification.

A patient under the age of 18 must go through a designated caregiver to get medical marijuana. Before the minor can join the program, they need to get a medical marijuana certification that says they have a qualifying condition.

 

What are the qualifying medical conditions for eligibility?

  • Autism
  • Alzheimer’s
  • Cancer
  • Chronic Pain
  • Epilepsy
  • HIV/AIDS
  • Inflammatory Bowel Disease
  • Certain Mental Health Conditions (PTSD, anxiety, etc)
  • Multiple Sclerosis
  • Muscular Dystrophy
  • Neuropathy
  • Parkinson’s Disease
  • Rheumatoid Arthritis
  • Substance Use Disorder

What are the medical program limits?

Medical cannabis patients who have valid medical cannabis certifications can buy up to 60 days’ worth of marijuana.

 

What methods of use are permitted under the medical program?

Solid dosage forms like capsules, pills, and lozenges, metered liquid or oil for oral administration or vaporization, metered powdered cannabis formulations, transdermal patches, and topicals are among the medical marijuana products that are allowed in New York.

It is currently not permitted to smoke or use smokable forms. Gummies and edibles containing THC and CBD are currently prohibited.

 

Is there home delivery for medical cannabis?

Yes. Delivering cannabis is legal in New York, but it can only happen between 8:01 a.m. and 11:59 p.m., depending on the rules in your city.

All deliveries in the state have to be paid for ahead of time when the orders are placed. Customers in any part of New York State can have deliveries made to their homes, as well as to private businesses.

 

Is CBD legal in New York?

Yes, CBD is legal in New York.

New York allows cannabidiol CBD oil made from industrial hemp as long as it has less than 0.3% tetrahydrocannabinol (THC). 

CBD that comes from marijuana is illegal in New York, but certified patients with one or more of the qualifying conditions can use it.

 

Is cannabis decriminalized in New York?

Marijuana-related felonies in New York carry the possibility of civil asset seizure. Young offenders are required to have their driver’s license suspended for six months. The New York Marijuana Revenue and Taxation Act (MRTA) specifies fines for possession of different amounts of marijuana.

It is classified as a misdemeanor for amounts between three and eight ounces, which carries a maximum one-year jail sentence and a $1,000 fine. A felony conviction for possessing eight ounces to one pound carries a maximum sentence of four years in prison and a maximum fine of $5,000.

For amounts between 1 pound and 10 pounds, the crime is a felony that can lead to up to 7 years in prison and a $5,000 fine. Having more than ten pounds in your possession is also considered a felony, punishable by up to fifteen years in jail and a $15,000 fine.

It is illegal to possess marijuana in public places and is punishable by up to $200 in fines.

Disclaimer: This information is provided for general informational purposes only and may not reflect the most current legal requirements in New York. Cannabislaws.global recommends you consult with a qualified local attorney or legal expert for accurate and up-to-date information. This information is not intended as legal advice and should not be relied upon as such. Use of this information is at your own risk.