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Is weed legal in New York?

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Is weed legal in New York?

Key learning points

  • New York legalized recreational cannabis for adults 21 and older in March 2021, with the first legal sales beginning in December 2022. There are now 127 state-licensed dispensaries operating.
  • Possession of up to three ounces of cannabis or 24 grams of concentrate is legal; Larger amounts may require fines or criminal charges, with penalties escalating based on the amount in possession.
  • Growing at home is not yet permitted, but is expected to be regulated in June 2024, allowing each adult to grow six plants for a household of up to twelve.

The Marijuana Regulation and Taxation Act (MRTA) legalized cannabis for adults 21 years or older: so yes, the legalization of marijuana in New York has occurred.

After a long delay, recreational dispensaries are now open in the state, but home cultivation is still not allowed.

The medical marijuana program will also be liberalized in the near future, but medical purchases are still allowed.

Yes, weed is legalized in New York. However, you can only legally purchase it from a state-licensed pharmacy.

New York’s marijuana laws underwent a major change in March 2021, when the state legalized recreational cannabis for adults 21 or older.

The MRTA specifies that you can only purchase cannabis from a state-licensed pharmacy. From the passage of the MRTA until December 29, 2022, there was no way to legally purchase marijuana. At that time, it was only possible to transfer marijuana “without compensation” based purely on the law.

In practice, however, there was a ‘gray market’, with sellers accepting ‘suggested donations’ in exchange for eighths. This situation lasted for more than a year and a half until the first legal recreational sales took place in December 2022.

From then on, recreational dispensaries became increasingly common in New York, and at the time of writing (June 2024), there are 127 adult-use dispensaries operating in the state, according to the Office of Cannabis Management.

What are the penalties for marijuana possession in New York?

Because the MRTA legalized cannabis for adults aged 21 or older, there is no penalty for possessing up to 75 grams of cannabis flower and up to 24 grams of concentrate.

However, there are still rules about owning larger quantities.

  • Unlawful possession is defined as (knowingly) possessing more than 3 ounces of cannabis or 24 grams of concentrate, but less than the limit for criminal possession in the 3rd rank. This is punishable by a fine of up to $125.
  • Criminal possession in the 3rd degree is defined as possession of more than 16 ounces of cannabis or 5 ounces of concentrate. This is a Class A misdemeanor, punishable by a maximum penalty of up to one year in prison or three years of probation, as well as a fine of up to $1,000.
  • Criminal possession in the 2NL degree is defined as possession of more than 5 pounds of cannabis or two pounds of concentrate. This is a Class E felony, which carries a maximum sentence of four years and a fine of up to $5,000.
  • Criminal possession in the 1st Extent is defined as having more than 10 pounds of cannabis or 4 pounds of concentrate. This is a class D felony, with a penalty of up to 7 years in prison and a fine of up to $5,000.

New York has had legal medical cannabis since 2014 and this will be expanded along with the new law legalizing recreational marijuana.

This will increase the number of conditions covered and also allow doctors to prescribe larger quantities to patients.

Limits on patient ownership

You can get a 60-day supply of medical marijuana at once.

Previously this was only a 30-day supply, with a ban on smokable marijuana, but these restrictions were both lifted in addition to recreational legalization.

What constitutes a “day supply” depends on your prescription and your needs, and no hard numbers are given. However, the 3-ounce limit implied by the MRTA is a good guideline.

How do I get a medical marijuana card in New York?

As with most medical marijuana programs, you will need a New York medical marijuana card if you want to purchase from a state-licensed dispensary.

The first step is to go to your doctor and discuss the problem with him and whether medical cannabis is an appropriate treatment. Provided your doctor agrees and has completed the required course (which lasts at least two hours), he or she can issue you a certificate to be treated with marijuana.

However, there is a list of qualifying conditions that can help you determine whether or not you qualify. These include:

  • Cancer
  • HIV infection or AIDS
  • Amyotrophic lateral sclerosis (ALS)
  • Parkinson’s disease
  • Multiple sclerosis
  • Spinal cord injury with spasticity
  • Epilepsy
  • Inflammatory bowel disease
  • Neuropathy
  • Huntington’s disease
  • Post-traumatic stress disorder (PTSD)
  • Pain affecting health and functional capacity as an alternative to opioid use
  • Substance use disorder
  • Alzheimer’s
  • Muscular dystrophy
  • Dystonia
  • Rheumatoid arthritis
  • Autism
  • Any other condition, at the discretion of your healthcare provider.

As with other medical marijuana programs, you must register with the Office of Cannabis Management. Once you do this, you will receive a temporary card, which you can purchase along with your regular ID until you receive your official medical marijuana card.

Can you consume marijuana in public in New York?

The basic rule for consuming cannabis in New York is that smoking cannabis is prohibited everywhere. You can of course consume it in your home, and state-approved consumption sites are also on the way.

There is a long page of guidelines on where you can smoke, but generally speaking, apart from near schools, playgrounds, hospitals, healthcare facilities or train station platform areas, you can smoke almost freely outside.

Violation of this law is punishable by a civil fine of up to $25 or up to 20 hours of community service.

Can you drive under the influence of marijuana in New York?

No, driving under the influence of marijuana still counts as drunk driving in New York.

The state has not established a “safe” limit or anything like that, and burning marijuana in the vehicle (even if not smoked by the driver) is prohibited under the state’s open container law.

The state also has an “implied consent” law, which means that if you drive on the state’s roadways, you are considered to have consented to roadside blood, breath, urine or saliva tests. If you refuse, it can be used as evidence against you and your driver’s license will be suspended for one year.

For the actual DUI charge, the first offense is considered a misdemeanor and carries a fine of between $500 and $1,000, the possibility of a jail sentence of up to one year, or both. Your license will also be revoked for six months.

If it is your second offense within ten years, you will face a mandatory fine of $1,000 to $5,000, up to four years in prison, and your driver’s license will be revoked for at least one year.

For the third offense in ten years, the fine increases from $2,000 to $10,000, and the prison sentence can be up to seven years.

Delta-8 THC is restricted in New York, with the state’s Cannabis Control Board stating that delta-8 products cannot be legally sold, produced or manufactured within the state.

It is unclear where exactly the state stands on use and ownership. But given the legalization of cannabis, it’s unlikely they’ll approach you for a delta-8.

Is Weed Decriminalized in New York?

New York decriminalized marijuana in August 2019, making it a non-criminal offense to possess marijuana, provided it was less than 2 ounces. There was a $50 fine for up to one ounce and a $200 fine for up to two ounces.

However, the MRTA replaces this law as it fully legalizes possession of up to three ounces. Technically, cannabis hasn’t been that way since March 2021 just now decriminalized in New York, it’s literally not a problem for the police at all unless you have a lot of them.

The MRTA legalized growing cannabis, But it is actually not allowed under the Adult Use Act until the regulations are released.

These will arrive within 18 months of the first adult sale, meaning they should hit the market by the end of June 2024. When these rules are in effect, each adult can grow six plants: three mature and three immature. – and a maximum of 12 per household (even if three or more adults live there).

Until then, however, growing weed is not technically allowed in New York. But as with delta-8, the question is how much the police really care if you operate within what will soon become the legal limit.

Unless there is reason to crack down (a major failure or a prominent story, for example), it will likely slip under the radar.

The future prospects for cannabis in New York

Things are going to happen terribly green in New York. Their adult use law is considered one of the most liberal in the country; the market is already big and will probably be huge soon.

After a very slow start and problems with the cannabis gray market, the recreational industry is finally taking off in the state. The biggest change on the horizon is the release of home growing regulations.

However, these will likely be similar to those in most other legal states, as described above, and will not change much for most consumers.

Conclusion

Following the legalization of recreational cannabis in 2021, New York’s legalized marijuana market will become one of the largest in the country.

There has been legitimate criticism of the way the law has been implemented, and this has created a huge gray market, but overall, New York’s adult-use cannabis law is one of the most liberal implemented to date, and it relaxes the restrictions on the medical marijuana program in the process as well.

It may have taken too much time to get up and running, but things should be smooth sailing for stoners in the state from now on.