Is marijuana legal in New York?
Yes, both medical and recreational marijuana are legal in New York. Recreational (“adult-use”) cannabis became legal on March 31 of 2021, with the singing of SB854A, or the Marihuana Regulation and Taxation Act. Medical marijuana has been legal in New York State since July 2014 when Governor Andrew Cuomo signed the Compassionate Care Act into law.
Can patients under 18 register for the medical marijuana program?
Yes, underage patients can obtain a license by having a person 21 or older submit their application. The applicant can designate up to two caregivers that are either:
- A parent
- Legal guardian
- A person designated by the parent or guardian
- Department approved person that has proven no parent or legal guardian is possible
How long is my medical marijuana card valid for?
Cards are valid for one year, then require renewal. Terminal patients can receive permission to use until the end of their lives as well.
How much marijuana can I buy/possess?
The purchase and possession limit for recreational marijuana is up to 3 ounces of flower and 24 grams of concentrate. Equivalencies for edible products have not yet been established. Medical cannabis patients can possess up to a 60-day supply at any given time.
Where can I buy marijuana in New York?
Certified patients can obtain medical marijuana from any registered dispensary organization in the state. Recreational dispensaries are not yet operational, and are expected to open in 2022, but no official timeline has been set.
Can Non-New Yorkers apply for a medical card?
Yes, if an applicant does not have a New York license, they can submit one or more of these documents:
- Copy of a current lease
- Utility bill
- Hospital bill
- Other Department approved documents
What types of cannabis does New York State allow?
Recreational products may include (but are not limited to):
- Dried flower
New York's initial medical marijuana laws did not allow for smokable flower. The restriction was removed by the Cannabis Control Board on October 5, 2021, making smokable flower immediately available for purchase. Despite this expansion, edibles remain banned for medical patients. Patients can consume medical marijuana via:
- Dried flower
- Vape Pens
- Tinctures or other sublingually administered products
- Capsules, tablets, lozenges
What areas prohibit cannabis consumption in New York?
Consumption is permitted wherever tobacco is allowed, in private residences, and in places with consumption licenses, such as lounges. New York State law prohibits consumption in the following areas:
- Job sites
- Bars Food service establishments
- Enclosed indoor public spaces
- Public mass transit vehicles
- Boarding areas
- Youth centers
- Detention centers
- Child care services
- Group homes
- Residential treatment facilities
- Colleges and universities
- General hospitals
- Commercial establishments
- Indoor arenas
Does New York accept out of state medical marijuana licenses?
No, New York does not accept out of state cards. However, you do not need to be a resident of New York to apply for an in-state medical card.
Can I grow my own marijuana at home?
Yes, though not quite yet. Residents of New York 21 and older are allowed to cultivate up to 3 mature cannabis plants and 3 seedlings. No more than 6 plants are allowed in a given household, regardless of the number of occupants. Regulations relating to home cultivation are not yet finalized, and thus, residents cannot yet start planting. All medical marijuana must be legally purchased from a registered organization, and does not allow for additional cultivation.