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Is Weed Legal in New York?

Jul, 2022
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Usually, marijuana legalization comes with rules and regulations that you must be aware of to use the wonder drug legally and safely. This is even more important since weed in New York is legal for medical and recreational use. 

Today, we’ll take you through the Empire State’s cannabis laws.

weed in New York

Many marijuana consumers prefer edibles to smoking marijuana, maybe because they have a health condition or don’t want to expose themselves to the dangers of smoking.

It’s no secret that smoking of any kind – not just marijuana – affects your health, so we’ve outlined ways for you to smoke cannabis without severe effects on your health here

Edibles include cannabis-infused foods like cookies and gummies. The good news is that edibles are legal in New York. Before you visit a dispensary, call ahead to find out if they have the product you want to buy.

While smoking cannabis has an almost instant effect, edibles can take between 30 mins to 2hrs before you feel the effects. So go easy, be patient, and consume edibles in small amounts.

Also, edibles stay longer in your system, so you could test positive for cannabis long after you consume edibles. If you’re expecting a drug test, it’s best to avoid edibles altogether.

But if you want to clear marijuana from your system, we’ve outlined effective methods here

Do I Need a Medical Card for Weed in NY?

Yes, you must get a New York medical marijuana card to access medical weed in New York. The state registers all patients in the medical marijuana program and issues them a medical card that entitles them to the benefits of medical marijuana.

Why do you need a medical Marijuanas card since recreational weed in New York is legal?

Well, the benefits of medical marijuana are immense; medical patients pay a lower tax on the purchase, so they buy more for less compared to recreational users; have a higher possession limit; and, if marijuana supplies run low, they get priority. 

If you want a medical card, the first step is to speak with your physician; if they decide your condition will benefit from medical marijuana treatment, they will give you a certification.

So how do you get a medical card for weed in NY? We’ve written everything you need to know about it, including the requirements and process here.

Luckily for you, here at Elevate Holistics, we can help you get your New York medical marijuana card 100% online. All you have to do is click here to book a telehealth appointment, and you can chat with one of our many expert cannabis physicians. We’ll help you every step of the way, making the process feel effortless. 

Medical Marijuanas Card NY Qualifying Conditions

Patients who suffer from any of the following qualifying medical conditions can apply for a medical card in New York:

New York Weed Laws

Why do we need weed laws when marijuana is legal in New York? That’s because, despite its legality, there’s more you need to know to buy, possess and consume weed without breaking the law.

So let’s get right to it – what are the New York weed laws? 

New York Marijuana DUI

A DUI is a DUI whether you’re under the influence of alcohol or marijuana, and it doesn’t matter if you’re a medical marijuana patient.

Under New York marijuana laws, driving under the influence of marijuana is illegal.  

Does New York Have Reciprocity?

No, New York does not accept medical cards from other states. Fortunately, you don’t need a medical card to buy weed in New York if you’re 21 or older since recreational marijuana is legal.  

What is the Age Limit for Weed in New York?

Medical marijuana in New York is open to anyone with no minimum age limit. However, patients aged 18 and under must have a caregiver.

For recreational marijuana, only adults aged 21 and over can buy, use, and possess weed in New York. 

weed in new york

Yes, hemp and hemp extracts are legal in New York. You can find the complete rules and regulations for hemp in New York here

Cannabis and Workplace Policy

While cannabis is legal for recreational use, employers can institute a drug-free policy, and all employees must abide by workplace rules.

Even if your workplace does not have a drug-free policy, consume cannabis responsibly so that it does not impair your function and productivity.

For more weed laws, including New York possession laws, click here.  

New York State Weed Possession Laws

How much weed can you possess in New York? That depends on if you’re a recreational user or a medical marijuana patient.

New York State weed possession laws state that adults 21 and older can possess up to three ounces of cannabis flower or 24 grams of concentrated cannabis on their person. 

For medical marijuana patients, dispensaries can sell up to a 60-day supply to cardholders or any amount their physician recommends within the 60-day limit.  

Compassionate Care Act NY

The Empire State legalized Medical marijuana when Governor Andrew Cuomo signed the Compassionate Care Act into law on July 5, 2014.

New York weed legalization introduced the New York State’s Medical Marijuana Program and specified the requirements for patient registration. Under the terms, patients who suffer from specific qualifying medical conditions can get a physician certification for medical marijuana treatment. 

Patients can also designate up to two caregivers, and patients under 18 must have a caregiver. Minors must have a caregiver that is a parent or legal guardian or a person their parent or legal guardian designates. The caregivers must be aged at least 21 years.

Healthcare providers who wish to participate in the Medical Marijuana Program must be:

  • A physician licensed by and in good standing with New York State.
  • Qualified to treat patients with one or more of the following diseases: cancer, HIV/AID$, amyotrophic lateral sclerosis (ALS), Parkinson’s disease, multiple sclerosis, spinal cord injury with spasticity, epilepsy, inflammatory bowel disease, neuropathy, and Huntington’s disease.

Can You Smoke Weed in Public in New York?

It is illegal to vaporize or smoke weed in places where smoking is not permitted, according to the Smoke-Free Air Act (SFAA). NY prohibits smoking and vaping in most workplaces and public spaces. 

Places you can’t smoke in New York include parks, pedestrian plazas, near hospitals, recreational centers, beaches, restaurants, and bars.

The New York State Clean Indoor Air Act prohibits smoking and vaping within 100 feet of entrances, exits, or outdoor areas of public libraries and within 100 feet of entrances, exits, or outdoor areas of public or private elementary or secondary schools.

You can smoke weed in your private residence, but landlords, rental companies, and property owners can ban marijuana possession and use on their property as part of the tenancy agreement.  

What if you want to grow your weed at home in New York? You can’t.

It is illegal for anyone to grow weed in New York, even if they have a medical card for weed in NY.

The Cannabis Control Board is currently reviewing home cultivation proposals for medical patients. If approved, patients 21 and older can grow up to three mature plants and three immature plants at home.

Fortunately, the age limit does not mean younger patients don’t have access to home cultivation; caregivers can cultivate cannabis on behalf of their patients. 

You can read the proposed rules for home cultivation here. 

How to Get a Weed Dispensary License in NY

The Office of Cannabis Management (OCM) oversees business licenses for medical marijuana, recreational marijuana, and hemp products.

weed in new york

Dispensaries require a Conditional Adult-Use Retail Dispensary License. The OCM anticipates many applications but will not approve all. The state will consider only those who meet the requirements and submit a competitive application for a license.

Click here for everything you need to know about getting a weed dispensary license in NY, including eligibility, application requirements, and FAQs.  

Let Elevate Holistics Be Your Guide

Usually, states that have legalized marijuana have a raft of regulations patients and consumers must adhere to, and that’s where you’ll find Elevate Holistics.

We’re here to hold your hand and guide you in your cannabis journey, so you make informed decisions and get the best out of cannabis without worrying about breaking the law.

For more information, see our New York FAQ cannabis guide.

Our complete marijuana service can help you get an appointment with a qualified doctor, get your medical marijuana card or find a licensed dispensary. We’re the final word on cannabis services, and we take our duties seriously, which means our clients get only the best service.

Click the scheduler below to book a consultation.

weed in new york

Wait! Before you go…

Do you know someone who could benefit from medical cannabis? Here at Elevate, we make the MMJ card process effortless. Simply send them our way and we'll help them get a medical card at an affordable price — right from home.

Do you live somewhere where recreational cannabis is legal? Believe it or not, you could probably benefit from a medical card more than you think. MMJ cards help you save serious money, you get priority at your local shops, and you likely can buy (and maybe even grow) more weed than before. Click here to read about the benefits of getting an MMJ card; or, click here to book an appointment today.