The New York cannabis laws have changed over the years. The Empire State is a beacon of hope for cannabis advocates today. It’s been gradually building a new cannabis industry. One of its primary goals is to provide access to safe, tested, and regulated products.

The city also plans to create opportunities for residents. They aim to accommodate the communities most affected by the over-criminalization of cannabis.

Understanding the state’s cannabis laws is crucial for knowing your legal rights. Let’s explore the different cannabis legalities in New York.

is marijuana illegal in New York


History of cannabis legalization in New York

 

From prohibition to legalization, the Empire State has come a long way for the 420 community. Below are some of the landmark moments that have shaped the New York cannabis laws:

 

  • 1800s: Saw the emergence of cannabis in the state with no prohibitions. 
  • 1906: Congress approved The Food and Drug Act. It allowed New York citizens to get a prescription for cannabis.
  • 1927: The state outlawed cannabis. This action occurred after the publication of an unfortunate New York Times story. It stated that cannabis injured an entire family after consumption.
  • 1973: Introduction of strict Rockefeller Drug Laws that imposed harsh sentences on marijuana sellers.
  • 1977: The New York governor decriminalized possession of less than 0.88 oz. (25 g) of cannabis.
  • 2014: The governor signed the Compassion Care Act into law. It led to the legalization of medical marijuana in New York 18 months later.
  • 2021: New York and 15 other states made significant cannabis advancements. It fully legalized recreational use and provided specific restrictions.
  • 2022: November kicked off the issuing of 36 licenses to cannabis dispensaries in the state.
  • 2022: December saw the opening of New York’s first legal recreational cannabis dispensary.

What are the New York marijuana laws?

NYC weed laws

Albany lawmakers passed the NYC weed law in 2021. It made weed legal in New York. Residents of the state 21 years and older can possess, buy, consume, and transport weed.

The Marijuana Regulation and Taxation Act, or MRTA, was signed into law in 2021. It set up the Office of Cannabis Management and the Cannabis Control Board. Both oversee all cannabis-related rules in the state. 

Medicinal marijuana is legal in New York State in 2023. There are no qualifying conditions necessary for a medical marijuana card. The only requirement is a certification from a state-licensed physician. 

Previously, eligibility for medical marijuana needed a qualifying condition. These included:

 

  • Amyotrophic lateral sclerosis (ALS)
  • Cancer
  • Chronic pain
  • Epilepsy
  • HIV/AIDS
  • Inflammatory bowel disease (IBD)
  • Multiple sclerosis
  • Post-traumatic stress disorder (PTSD)
  • Parkinson’s disease

 

New York medical marijuana laws require certification containing your registry ID. It allows you to buy cannabis for medicinal purposes. You need to present your government-issued photo ID.

Possessing three ounces of weed is legal. Anything above that and up to 16 ounces results in a fine not exceeding $150. 

Possessing 16–80 ounces of marijuana is a misdemeanor. Offenders face no more than one year in jail and a fine not exceeding $1,000. 

Carrying 80–160 ounces of cannabis is a felony. It results in no more than four years of imprisonment and a $5,000 maximum fine. 

Possession of marijuana above 160 ounces is a felony. Offenders may receive a maximum of seven years’ jail time and a fine not exceeding $5,000.

Using a minor to help sell cannabis is a class E felony. The offense also includes hiding cannabis on a child. It results in four years’ imprisonment and a maximum fine of $5,000

legalizing weed in NY

Public consumption is legal in permitted areas in New York. People can consume marijuana in areas where they’re allowed to smoke tobacco. 

The New York cannabis laws don’t permit smoking in schools or workplaces. It also remains illegal to drive under the influence of marijuana. 

Police can pull people over if they believe they’re impaired. They’re only allowed to search parts of the car that are readily accessible to the driver.

The Health Department is looking at new detection devices. They want machinery that could allow officers to use more definitive testing methods. These tools include a saliva test to determine whether a driver is under the influence of weed.

Transporting marijuana products in or out of New York is a serious crime. Based on the amount seized, it’s a felony of intent to distribute. 


Is weed legal in New York?

In New York, recreational weed in 2023 is legal. It’s the second-most commonly used recreational substance in the state after alcohol. Users may also carry limited amounts on their person. Tokers can smoke or vape cannabis rich in THC or CBD and consume it as edibles.

People use high CBD content cannabis products for various reasons. The FDA hasn’t approved its use in foods and beverages at present. It’s unlawful to sell food or drinks containing cannabis in NYC. 

Smoking cannabis in private residences is legal if the landlord doesn’t prohibit it. The same rule applies to hotels and motels.

New York will allow users to cultivate cannabis at home. It’ll only happen after the Office of Cannabis Management outlines new regulations. They may take effect by June 2024, around 18 months after the first retail cannabis sales.

The new laws will allow citizens to cultivate a cannabis plant at home. The stipulations permit up to six plants, both indoors and out. Only three can be mature at a time. The maximum is twelve plants in total per household. Only six can be flowering simultaneously.

Medicinal patients or assigned caregivers can grow medical marijuana seeds.


Restrictions and limits

Weed usage and cultivation legislation have limitations. The New York cannabis laws outline specific rules that detail what you can and can’t do.

cannabis seeds in New York

How many grams of weed can I possess in New York?

Former Governor Andrew Cuomo signed the MRTA in March 2021. It permits individuals to carry a maximum of 3 ounces (85 grams) of cannabis flower. Up to 0.85 ounces (24 grams) of concentrates also became lawful to possess.

The law applies to individuals aged 21 years and older.

 

How many cannabis plants can I grow in New York?

You’ll soon be able to cultivate up to six plants at home for recreational purposes. This rule applies to indoor and outdoor growth. The maximum legal number of plants per household is twelve.

 

Is recreational marijuana legal in NYC? 

Yes, recreational marijuana is legal in NYC for adults over 21. Buyers need a valid photo ID to prove they’re of lawful age.


Where can I buy cannabis seeds legally in New York?

 

The New York weed laws in 2023 allow you to buy cannabis seeds in New York from licensed businesses. 

On-site consumption requires an additional license. Users may also get cannabis deliveries to their homes from authorized businesses. 

You can also conveniently purchase cannabis seeds online. Choose a trustworthy supplier with a top-shelf reputation like Seed Supreme seed bank

We have an extensive selection of feminized, autoflowering, and regular weed seeds. They’re ready for you to cultivate once the home-growing laws go into effect in New York.


Key takeaways

Everything changed for 420 enthusiasts when New York legalized weed in 2021. Specific stipulations exist. It’s still unlawful for individuals under 21 years to possess, use, or sell any amount of weed. 

Adults over 21 may possess a maximum of three ounces of weed. Smoking in the privacy of your home or permitted public areas is legal. The state is still working on future legislation for regulation, licensing, and taxing.

Seasoned and novice growers should stay updated with the marijuana laws in New York. New changes will take effect as soon as 2024. They’ll allow at-home marijuana cultivation for recreational purposes. Why not stock up on high CBD and THC-rich seeds now?


Frequently asked questions

Now that you know marijuana is legal in New York State in 2023, you may have leftover questions. Find answers to common queries from the 420 community below.

 

Do you need a prescription for cannabis in NY?

No, you don’t need a prescription for cannabis in NY. You only need a certification letter from a physician with a state license. 

 

Does Manhattan have any weed dispensaries?

Yes. Several dispensaries in Manhattan sell medical or recreational marijuana. Online cannabis orders are also available, offering convenient browsing and shipping.

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