New York Marijuana Laws

Related

• How to Get a Medical Marijuana Card in New York
• How to Qualify for Medical Marijuana in NY
• Learn about the NYS Medical Cannabis Program

What Rules Must Marijuana Patients Follow in NY?

• New York residents are allowed up to 3 ounces of cannabis flower for personal possession, as per state regulation. Exceptions are possible on a case-by-case scenario, based on your marijuana specialist’s medical recommendation. 

• You may purchase your medical marijuana products ONLY from a state-approved dispensary. Personal sales are highly prohibited by the New York Department of Health and you should NOT engage with them in any way, shape, or form.

• Taking effect in 2022, residents will be given the right to grow up to 6 flowering cannabis plants at a given time (or 12 per household) – 3 mature-stage plants and 3 immature-stage plants. Until then, the current cultivation-related penalties and regulations remain in place. These are listed in their dedicated section below. 

• If your treatment includes hashish-based products OR other products made from any type of cannabis concentrate, take note of the fact that the federal Schedule I Drug regulations are the same for marijuana concentrates as for marijuana flower. The legal possession limit for hash and concentrates is 24 grams. 

• Possession and/or distribution of marijuana paraphernalia (such as bongs, tobacco blunts, and rolling paper) is still a punishable violation in the state of NY, regardless of adult-use legalization. 

Taking all of these considerations into mind, below we have listed the five main types of marijuana-related offenses you can be held accountable for in the state of New York:

1. Possession

2. Sale, Distribution & Trafficking

3. Cultivation

4. Hashish & Cannabis Concentrates

5. Paraphernalia

Possession

With 2021’s legalization bill, the present marijuana possession law no longer considers the smell of marijuana alone as a valid reason for on-person searches by law enforcement. The public use of cannabis is still eligible for legal repercussions, however.

Possession offenses past the allowed legal limit of 3 ounces are punished as follows in the state of NY: 

• Being found in possession of anywhere between 3 to 8 ounces of marijuana is treated as a class A misdemeanor that is punishable with a prison sentence of up to 1 year, along with a maximum legal fine of $1,000. 

• Being found in possession of anywhere between 8 to 16 ounces of marijuana is treated as a class E felony, punishable with a prison sentence of up to 4 years, along with a maximum legal fine of $5,000.

• Being found in possession of anywhere between 16 ounces and 10 pounds of marijuana is treated as a class D felony, punishable with a prison sentence of up to 7 years, along with a maximum legal fine of $5,000.

• Being found in possession of any quantity exceeding 10 pounds of marijuana is treated as a class C felony, punishable with a prison sentence of up to 15  years, along with a maximum legal fine of $15,000.

• Public use of cannabis results in a violation charge alongside a $200 legal fine. 

Sale, Distribution & Trafficking

The New York marijuana laws and regulations apply as follows in the cases of sale, distribution, and trafficking:

Sale, Distribution & Trafficking:

• If no transaction took place between the distributor and the recipient, the exchange of up to 3 ounces of marijuana carries no legal penalty, no imprisonment period, and no legal fine whatsoever. 

• Selling 25 grams (or less) of marijuana is treated as a class A misdemeanor that is punishable with a prison sentence of up to 1 year and a maximum legal fine of $1,000.

• Selling anywhere between 25 grams to 4 ounces of marijuana is treated as a class E felony that is punishable with a prison sentence of up to 4 years and a maximum legal fine of $5,000.

• Selling anywhere between 4 to 16 ounces of marijuana is treated as a class D felony that is punishable with a prison sentence of up to 7 years and a maximum legal fine of $5,000.

• Selling any quantity exceeding 16 ounces of marijuana is treated as a class C felony that is punishable with a prison sentence of up to 15 years and a maximum legal fine of $15,000.

• Selling any quantity of marijuana to a minor who is under 18 years of age is treated as a class D felony that is punishable by a prison sentence of up to 7 years, as well as a maximum legal fine of $5,000.

• The use of a child to assist in the sale of marijuana is treated as a class E felony that is punishable with a prison sentence of up to 4 years and a maximum legal fine of $5,000. Hiding marijuana on the child in question and/or instructing the child to distribute for the seller also qualifies for this offense. 

Trafficking:

• Acting as the CEO of an organization that sells $75,000 worth of marijuana during a fiscal year.

• Collecting $75,000 or more from marijuana-related sales over a 6-month period. 

• Possessing with the intent to sell and/or distribute $75,000 worth of marijuana over a 6-month period. 

• Should any of the above-listed conditions be satisfied, then the offender may be listed as a major trafficker by New York State regulation. This is treated as a class A-I felony in NY, punishable with a prison sentence ranging between 15 to 25 years, as well as a maximum legal fine of $100,000.

Cultivation

As per the cultivation-related laws that will enter in effect in 2022, New York will incur the following penalties for unlawful cannabis cultivation:

• Exceeding the 6-plant personal limit of cultivation (or 12 per household) will be treated as a class A misdemeanor that is punishable with a prison sentence of up to 1 year and a maximum legal fine of $1,000.

• Cultivating an excess of the state-allowed limit of 3 ounces will be treated in line with the possession penalties listed above, based on the cultivated quantity.

Hashish & Cannabis Concentrates

Owing to its state-specific marijuana laws, New York uses “Tetrahydrocannabinols” when referring strictly to synthetic cannabinoids, and not marijuana concentrates. Because of this, the NY marijuana decriminalization is not applied to forms of concentrated cannabis, and consequently, different penalties apply when regarding concentrated cannabis as opposed to plant-form marijuana:

• Being found in possession of any amount of concentrated cannabis up to 1/4th of an ounce will be treated as a class A misdemeanor, which is punishable with a prison sentence of up to 1 year,  and a maximum legal fine of $1,000.

• Being found in possession of anywhere between 1/4th of an ounce and 1 ounce of concentrated cannabis will be treated as a class D felony, which is punishable with a prison sentence of up to 7 years,  and a maximum legal fine of $5,000.

• Being found in possession of more than 1 ounce of concentrated cannabis will be treated as a class C felony, which is punishable with a prison sentence of up to 15 years,  and a maximum legal fine of $15,000.

• Selling concentrated cannabis in any amount is treated as a class C felony, which is punishable with a prison sentence of up to 15 years,  and a maximum legal fine of $15,000.

• Selling concentrated cannabis in any amount in 1000 feet proximity of school grounds, on a school bus, or near any educational facility of any kind is treated as a class B felony, which is punishable with a prison sentence of up to 25 years,  and a maximum legal fine of $30,000.

• The sale of concentrated cannabis in any amount by an adult that is 21 years old (or older), to a minor who is 17 years old (or younger) is treated as a class B felony, which is punishable with a prison sentence of up to 25 years,  and a maximum legal fine of $30,000.

• If a vehicle is found to contain any amount of a controlled substance all of its occupants are exposed to the presumption of possession. This does not apply if the substance is found on the person of a single passenger and if the substance is deliberately hidden from the view of other passengers. 

• Marijuana, as well as concentrated cannabis, found in open view within a room that is not considered part of public property, creates the presumption of possession for every person in proximity of the marijuana/concentrated cannabis at the time it was found. 

Paraphernalia

Unlawful and unnecessary possession and/or distribution of marijuana paraphernalia is still punishable by the law in New York, regardless of the adult use-legalization bill:

• Being found in possession of paraphernalia that is used to measure and/or weigh marijuana is treated as a class A misdemeanor that is punishable with a prison sentence of up to 1 year.

• Any and all further convictions for the possession or sale of marijuana paraphernalia will be treated as class D felonies, punishable with a prison sentence of up to 7 years, as well as a maximum legal fine of $5,000.

Questions about the NY Marijuana Laws

While the penalties for each medical marijuana law are highly important to take note of, we know that state regulations do not always provide all the answers.

Below you can find a list of questions that you might have regarding the current state of medical marijuana in New York: