New York Marijuana Laws

Marijuana is legalized for anyone 21 and older in New York. The general public can possess up to three ounces of cannabis and 24 grams of concentrates while registered patients are allowed a 60-day supply at any time.

New York marijuana laws
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Marijuana is permitted for both recreational and medical use in New York, where cannabis has been decriminalized since 2019.

Possession

The Marijuana Regulation and Taxation Act legalized the purchase, possession, and transportation of up to 3 ounces of cannabis and 24 grams of concentrate for adults 21 and older. Possession of more than 3 ounces is a crime.

Possession between 3 and 8 ounces is a misdemeanor punishable by up to a year in jail and a $1,000 fine, while possessing any more than this is a felony. Possessing between 8 ounces and 1 pound comes with up to 4 years in prison and a $5,000 fine, possessing between 1 and 10 pounds comes with up to 15 years in prison and $5,000 in fines, and possessing any more than 10 pounds comes with up to 15 years in prison and a potential $15,000 fine.

Offense Penalty Incarceration Max. Fine
Less than 3 oz No penalty None $ 0
3 oz – 8 oz Misdemeanor 1 year $ 1,000
8 oz – 1 lb Felony 4 years $ 5,000
1 lb – 10 lbs Felony 7 years $ 5,000
More than 10 lbs Felony 15 years $ 15,000
In public view Violation N/A $ 200

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Sale

Any unlicensed sale of marijuana is a crime in New York, but adults 21 and over may gift marijuana for no compensation.

Sale of less than 25 grams for profit is a misdemeanor punishable by up to 1 year in jail and $1,000. It is a felony, meanwhile, to sell between 25 grams and 4 ounces, and the maximum term for that offense is 4 years in prison and $5,000. If the amount is between 4 ounces and 1 pound, the maximum sentence increases to 7 years imprisonment and fines of $5,000.

Sale of more than 1 pound of cannabis carries a maximum penalty of 15 years in prison and $15,000 in fines. Using a child to assist in the sale of cannabis carries a maximum of 4 years and $5,000. Selling to a minor is punishable by up to 7 years and $5,000.

Offense Penalty Incarceration Max. Fine
Up to 3 oz of flower or 24 g of concentrates, without compensation None None $ 0
25 g or less Misdemeanor 1 year $ 1,000
25 g – 4 oz Felony 4 years $ 5,000
4 oz – 1 lb Felony 7 years $ 5,000
More than 1 lb Felony 15 years $ 15,000
Using a child to assist Felony 4 years $ 5,000
Sale to a minor Felony 7 years $ 5,000

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Trafficking

It is a felony to traffic any amount of marijuana. Conviction comes with a mandatory minimum sentence of 15 years in prison and a maximum of 25 years, plus up to $100,000 in fines.

Offense Penalty Incarceration Max. Fine
Any amount Felony 15* – 25 years $ 100,000
* Mandatory minimum sentence

Cultivation

While cultivation is currently illegal, eighteen months after recreational sales begin, people 21 and over and medical marijuana patients will be permitted to have 3 mature plants and 3 immature plants at their residence, with no more than 6 mature plants and 6 immature plants per household. 5 pounds of cannabis for personal use is permitted inside the residence where it is grown.

Possessing more than 6 plants is a misdemeanor punishable by up to 1 year in jail and a $1,000 fine.

Offense Penalty Incarceration Max. Fine
6 plants (3 mature) No penalty None $ 0
More than 6 plants Misdemeanor 1 year $ 1,000
Cultivating marijuana is also possessing marijuana under current case law. See the penalty details section below.

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Concentrates

Adults may possess up to 24 grams of marijuana concentrates in New York. Possession of any amount more than this is a felony. The punishment for possessing between 24 grams and 1 ounce is up to 7 years imprisonment and a fine of $15,000,  while the penalty for possessing any more than 1 ounce is up to 15 years in prison and $15,000 in fines.

Unlicensed sale of concentrates also comes with a potential 15 years in prison and fine of $15,000.

Offense Penalty Incarceration Max. Fine
Possession of less than 24 grams No penalty None $ 0
Possession of 24 g – 1 oz Felony 7 years $ 5,000
Possession of 1 oz or more Felony 15 years $ 15,000
Sale Felony 15 years $ 15,000

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Paraphernalia

It is legal to possess, use, display, purchase, manufacture or transport any paraphernalia designed for the legal use of marijuana and marijuana concentrates

Offense Penalty Incarceration Max. Fine
Possession None None N/A

Civil Asset Forfeiture

Offense
Possession or sale of scales or balances for the purpose of weighing or measuring marijuana

Miscellaneous

Offense
Mandatory driver’s license suspension of 6 months for youthful offenders.

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Medical Marijuana

MEDICAL MARIJUANA

Medical marijuana in New York was signed into law in 2014. The law will automatically expire after seven years unless renewed by state legislature.

QUALIFYING CONDITIONS:

  • Acute pain management
  • Amyotrophic Lateral Sclerosis (ALS)
  • Cancer
  • Chronic pain
  • Epilepsy
  • HIV/AIDS
  • Huntington’s Disease
  • Inflammatory bowel disease
  • Parkinson’s Disease
  • Post-Traumatic Stress Disorder
  • Multiple Sclerosis
  • Neuropathies
  • Opioid substitution
  • Spinal cord damage

PATIENT POSSESSION LIMITS:
60-day supply. Only non-smokable preparations are allowed

HOME CULTIVATION:
No

STATE-LICENSED DISPENSARIES:
Yes. Initially, 5 producers of cannabis preparations and up to 20 dispensaries are permitted to be licensed by the state. In 2017, an additional 5 entities where licensed to cultivate and dispense marijuana.

CAREGIVERS:
Yes. Each qualifying patients may have support of up to two caregivers, and each caregiver may not serve any more than five patients.

RECIPROCITY:
No

Marijuana Attorney Directory

New York Marijuana Attorneys

The following New York lawyers are actively involved in the practice of cannabis law: