New York Marijuana Laws

New York’s marijuana laws have been evolving over the past few years, leaving many people wondering — Is marijuana legal in New York state? Where can you buy marijuana, and what types of products are available? Here’s everything you need to know about NY marijuana legalization and New York marijuana laws.

Legal Status
Fully Legal

Possession Limits
Medical Patients: 60 Day Supply
Recreational Users: 3oz

State Taxes
Medical Patients: 7%
Recreational Users: 13%

Cultivation
Medical Patients: 6 Plants (Max 3 Mature)
Recreational Users: Coming Soon

So, is marijuana legal in New York? Let’s find out.

  • An Overview of New York Marijuana Laws

    In New York, marijuana laws have quickly changed over the past few years.

    Initially marijuana was only allowed for medical use under a doctor’s supervision and even then only in certain preparations and only for specific conditions.

    However, since 2019 marijuana has been legal for adult recreational use as well — allowing people over 21 to possess, grow, and purchase marijuana products throughout the state.

    Although marijuana has been decriminalized in most cases, it is still important to understand and stay up to date on New York marijuana laws in order to remain within the scope of the law — with details regarding possession limits and where marijuana can be consumed differing by state or county.

    With marijuana being more widely accepted in society, understanding marijuana laws here in New York has never been more important.

  • A History of Marijuana Legalization in New York

    In 2014, marijuana was decriminalized in New York State so that those caught possessing small amounts of marijuana for personal use would no longer face criminal charges. But it wasn’t until 2019 when marijuana became legal in the state for both recreational and medical marijuana use, with the passing of the marijuana laws known as the Cannabis Regulation and Taxation Act.

    Since then, New Yorkers 21 years of age or older may possess marijuana without fear of being fined or arrested. Even persons under 21 possession greatly reduced punishments with no possible jail time; instead they face only community service and drug education classes.

    It has been exciting to watch these marijuana laws get passed, as New York is taking a big step forward with an industry sure to created thousands of good paying jobs throughout the state in this booming new market.

  • What are the Medical Marijuana Laws in New York?

    Yes, medical marijuana is legal in New York. The state permits marijuana for medical use, however the regulations for marijuana use can vary from county to county.

    New York marijuana laws are ever-evolving and there is an ongoing effort to make marijuana available for those in need. Possession of marijuana has been decriminalized in New York, so long as the marijuana is under two ounces or under (any amount greater than this can lead to criminal charges).

    Furthermore, marijuana manufacturers are permitted to grow, process, test and sell marijuana products with a license from the state health department.

    As for medical marijuana use, anyone over 21 with a valid medical marijuana card can possess up to 30-day supply at once for personal use. Patients must have proof of certification from their doctor and be registered with the State Department of Health.

    It should also be noted that driving under the influence of marijuana is against the law, so always drive responsibly!

  • How Can I Get a Medical Marijuana Card in New York?

    With Elevate Holistics, you can get your New York MMJ in 3 simple steps. Click here to schedule an appointment with a certified physician in the Elevate Holistics partner network.

    Is Telemedicine Allowed for Medical Marijuana Consultations in New York?

    Yes, telemedicine is legal in New York, and you can get certified for cannabis online with Elevate Holistics.

  • What Medical Conditions Qualify for a Medical Marijuana Card in New York?

    New York no longer has a list of qualifying conditions. It is up to your healthcare provider to decide if cannabis may help you live a better, healthier life. You can visit our conditions page to see the wide range of health problems where medical cannabis and cannabinoids may be helpful.

  • Where Can I Buy Marijuana in New York?

    Marijuana was legalized for recreational use in New York in 2021. Prior to this, you could only purchase marijuana if you had a New York state medical card.

    There are still medical dispensaries that cater to patients with qualifying chronic health conditions. With a medical card, patients can purchase larger quantities of marijuana with lower tax rates than recreational marijuana. There are medical dispensaries located throughout New York state. This includes locations throughout New York City as well as in upstate New York.

    Now that recreational marijuana has been legalized, everyone over the age of 21 is able to consume cannabis without penalties. However, recreational dispensaries are not yet open in New York. This is because the state is still setting up the regulations and systems for recreational dispensaries.

    We can expect recreational dispensaries to start opening in late 2022 or early 2023. Some medical dispensaries will also start offering recreational marijuana. This will make buying weed in NYC much simpler. These dispensaries likely be similar to locations in other states, which typically have a selection of flower, edibles, oils, and other cannabis products.

  • What are the Marijuana Possession Laws in New York?

    Although New York weed is legal for everyone now, there are still some limitations on how much you can have and where you can use it. Breaking possession laws in New York can result in serious legal consequences. It’s very important to understand marijuana laws, just as you would with New York gun laws or any other controlled products.

    According to current New York cannabis laws, anyone over the age of 21 in New York can possess up to 3 ounces of marijuana or 24 ounces of concentrated cannabis at one time in public. Residents can also legally possess up to five pounds of marijuana at home according to the most recent NYC weed laws.

    Possession limits for medical marijuana patients are much more lenient. Patients can purchase up to a 60-day supply of marijuana at one time. What constitutes a 60-day supply will vary from patient to patient and is defined by the prescribing doctor. This allows for some flexibility to ensure that patients can effectively manage their conditions.

    If you are caught with more marijuana than the law allows, you could face legal consequences. Right now, possessing between 3 and 16 ounces of marijuana in public can result in a fine of up to $125, although it will not go on your criminal record. If you are caught with more than 16 ounces of marijuana in public, you could be charged with a misdemeanor.

  • Can I Grow My Own Marijuana In New York?

    If you use marijuana regularly, you may prefer to grow your own rather than buying it at a dispensary. When you grow your own marijuana, you have more control over the strains you are consuming. You can also ensure that you don’t run out of marijuana when you need it.

    But is weed legal in NYC to grow? Now that pot is legal in New York, adults will be able to grow their own marijuana. Current New York cultivation law states that each person 21 and over can have up to three mature marijuana plants and three immature marijuana plants at home. Households with multiple adults can have up to 12 plants at one time in total. However, these laws are currently only in effect for patients who have medical marijuana cards.

    Those who don’t have medical marijuana cards will be able to start growing their own plants 18 months after the first retail dispensaries open. The exact timeline for this is still unknown, but dispensaries are likely to start opening later in 2022 or sometime in 2023. Until then, it’s very important for residents to keep up-to-date with the changing laws. If you are caught growing marijuana in a way that violates current restrictions, you could end up facing legal repercussions.

    Even once these new grow laws are fully in place, there are still going to be some restrictions on how and where you can grow marijuana plants. The plants must be on your property and out of public view. They also must be completely secured from minors and pets. If you rent your property, you will need to check with your landlord before growing marijuana on your property. Many landlords do not allow tenants to grow or smoke marijuana on their properties, especially in family-oriented buildings. However, since marijuana’s legalized in NY recreationally now, we may see landlords change their policies regarding marijuana consumption.

  • Who Is Allowed To Sell Marijuana In New York? 

    Can you buy weed in New York? Yes, but there are restrictions on who can and cannot sell marijuana. Buyers should always be wary of who is selling their marijuana and where it comes from, as buying from unlicensed growers and retailers could be dangerous.

    Right now, you can only purchase marijuana in designated medical dispensaries. However, New York state is currently in the process of expanding its marijuana growth and distribution program. Once these new changes have been put in place fully, a much wider range of people will be allowed to grow and sell marijuana.

    Sellers will still need to be over the age of 21, and there will still be strict controls in place to ensure the quality of marijuana products for sale. Many people have also wondered about the prospect of marijuana deliveries, but the state has yet to make a decision on this matter.

  • Are Edibles Legal In New York State?

    Many people find consuming edibles to be preferable to smoking flower. When considering ‘is weed legal in New York state?’, they will also want to know whether they can access and consume edible products.

    Edibles are any type of food that has been infused with marijuana. Some of the most popular types of edibles include gummies, chocolates, and other candies, as well as brownies and cakes. There are also beverages available that contain marijuana. Edibles can take over 30 minutes to take effect, while smoking marijuana in the traditional sense has an effect almost immediately.

    However, many people prefer edibles to smoking because they don’t have the same effect on your respiratory system. Luckily, edibles are now legal in New York state. If you have a medical marijuana card, you will be able to purchase edibles at your local dispensary. Anyone over the age of 21 will be able to purchase edibles recreationally once the broader dispensary network starts to open later this year.

    Right now, it is legal for anyone to possess marijuana, even though recreational dispensaries are not yet open. This means that theoretically anyone could make their own edibles at home. While this is possible, it is not advisable. Getting the ratio of marijuana to other ingredients correct is very tricky. Making your own edibles often results in products that are either extremely potent or don’t have any effect.

    Now that marijuana is officially legal in New York, we can expect to see some major changes over the next few years. Once recreational dispensaries start to open, marijuana products will become much more accessible to anyone over the age of 21, not just those who have qualifying health conditions.

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