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
• Benefits of a Medical Marijuana Card in New York

What Rules Must Marijuana Patients Follow in NY?

If you are a certified medical marijuana patient in New York, you must follow the state’s medical cannabis rules. Here are some important rules to know:

• • Possession: You may possess the greater of the amount allowed under New York law or a 60-day supply of medical cannabis. During the final 7 days of a 60-day period, you may also possess the amount authorized for your next 60-day period.
  • Purchasing medical cannabis: You may purchase medical cannabis only from a medical dispensary operated by a Registered Organization.
  • Home cultivation: Certified patients who are 18 or older may grow up to 3 mature and 3 immature cannabis plants for personal medical use. A private residence may have no more than 6 mature and 6 immature plants.
  • Caregiver cultivation: Eligible caregivers who are 18 or older may cultivate medical cannabis for patients who are under 18 or unable to cultivate because of a physical or cognitive impairment. A caregiver may cultivate for up to 4 certified patients, subject to the applicable plant limits.
  • Smoking and vaping: Medical cannabis may be smoked or vaporized where permitted by law. New York’s smoking and vaping restrictions still apply.
  • Driving: You cannot consume medical cannabis in a motor vehicle, whether public or private.

Taking all of these considerations into mind, below we have listed the 5 main types of marijuana-related offenses you can be held accountable for in the state of New York:

1. 1. Possession
   2. Sale, Distribution & Trafficking
   3. Cultivation
   4.  Hashish & Cannabis Concentrates
   5. Paraphernalia

Possession

New York law allows adults 21 and older to possess up to 3 ounces of cannabis and up to 24 grams of concentrated cannabis for personal use. Medical cannabis patients may possess the amount authorized under the state’s medical cannabis rules, including their approved 60-day supply.

Possessing cannabis above the applicable legal limit can result in penalties that increase based on the amount possessed:

• • More than 3 ounces of cannabis or more than 24 grams of concentrated cannabis: This may result in a violation or criminal offense, depending on the amount possessed.
• • More than 16 ounces of cannabis or more than 5 ounces of concentrated cannabis: This is criminal possession in the third degree, a Class A misdemeanor.
• • More than 5 pounds of cannabis or more than 2 pounds of concentrated cannabis: This is criminal possession in the second degree, a Class E felony.
• • More than 10 pounds of cannabis or more than 4 pounds of concentrated cannabis: This is criminal possession in the first degree, a Class D felony.

Public use of cannabis in a location where cannabis use is prohibited may result in a civil penalty of up to $25 or up to 20 hours of community service.

Sale, Distribution & Trafficking

New York law prohibits the unlawful sale and distribution of cannabis. The penalties increase based on the amount involved and other circumstances, including the age of the person receiving it. The following offenses may apply:

• • Unlawful sale: Knowingly and unlawfully selling cannabis or concentrated cannabis is a violation punishable by a fine of up to $250.
• • More than 3 ounces of cannabis or more than 24 grams of concentrated cannabis: This is criminal sale of cannabis in the third degree, a Class A misdemeanor.
• • More than 16 ounces of cannabis or more than 5 ounces of concentrated cannabis: This is criminal sale of cannabis in the second degree, a Class E felony.
• • More than 5 pounds of cannabis or more than 2 pounds of concentrated cannabis: This is criminal sale of cannabis in the first degree, a Class D felony.
• • Selling or giving cannabis to someone under 21: Certain unlawful sales or transfers to a person under 21 can constitute criminal sale of cannabis in the third degree. The law provides exceptions for certain caregivers, practitioners, and Registered Organization employees acting lawfully.
• • Selling or giving more than 3 ounces of cannabis or more than 24 grams of concentrated cannabis to someone under 18: This can constitute criminal sale of cannabis in the second degree, a Class E felony.

These penalties depend on the amount of cannabis involved, the age of the recipient, and the circumstances of the sale or transfer. Only sell or transfer cannabis as permitted under New York law to avoid criminal penalties.

Cultivation

Home cultivation is legal in New York, but you must follow specific rules for plant limits, where you can grow, how cannabis is stored, and how it may be used. The following rules apply:

• • Adults 21 and older may generally grow up to 3 mature and 3 immature cannabis plants. Under the standard household limit, no private residence may contain more than 6 mature and 6 immature plants.
• • Certified medical cannabis patients who are at least 18 may cultivate cannabis for their personal medical use. A designated caregiver who is at least 18 may cultivate for a patient who is under 18 or unable to grow because of a physical or cognitive impairment, subject to New York Cannabis Law and OCM rules.
• • Homegrown cannabis must be secured and kept away from children and unauthorized individuals. A person may keep up to 5 pounds of trimmed cannabis and the equivalent weight in concentrates at the private residence. Homegrown cannabis cannot be sold, traded, or bartered.
• • A violation of New York’s personal-cultivation statute may result in a civil penalty of up to $125 per violation. Unlicensed sales and other unlawful conduct can result in separate penalties.

Following these rules can help you stay within New York’s home cultivation limits.

Hashish & Cannabis Concentrates

New York treats concentrated cannabis separately from cannabis flower for possession and sale limits.

• • Personal possession: Adults 21 and older may possess up to 24 grams of concentrated cannabis.
• • Medical cannabis patients: Certified patients may possess the amount authorized under New York’s medical cannabis rules, including their approved 60-day supply.
• • More than 24 grams of concentrated cannabis: Unlawful possession is a violation punishable by a fine of up to $125.
• • More than 5 ounces of concentrated cannabis: This is criminal possession in the third degree, a Class A misdemeanor.
• • More than 2 pounds of concentrated cannabis: This is criminal possession in the second degree, a Class E felony.
• • More than 4 pounds of concentrated cannabis: This is criminal possession in the first degree, a Class D felony.
• • Unlawful sale: Selling more than 24 grams of concentrated cannabis is criminal sale of cannabis in the third degree, a Class A misdemeanor. Higher amounts may result in more serious criminal charges.

Understanding these limits can help you stay within New York’s medical cannabis laws and avoid potential penalties. 

Paraphernalia

Adults 21 and older may legally possess, use, display, purchase, obtain, manufacture, and transport cannabis or concentrated-cannabis paraphernalia. They may also give lawful cannabis paraphernalia to another adult who is 21 or older.

Lawful cannabis paraphernalia is not considered contraband and, by itself, cannot be used as a basis for a search, seizure, arrest, or detention.

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: