Marijuana is legal in New York Since March 2021
Gov. Andrew Cuomo signed the Marihuana Regulation and Taxation Act on March 31, 2021. The law allows individuals age 21 or older to possess up to 3 ounces of cannabis for recreational purposes, establishes two regulatory agencies to oversee its sale and distribution, and clears the way for individuals convicted of marijuana-related offenses to have their records expunged. Democrats in the State Assembly had been introducing legalization bills since 2013, but their efforts were unsuccessful due to disagreements with Cuomo, according to the New York Times.
Assembly Bill 6357
(85 KB)
Approved: June 19, 2014 by Assembly, 117-13; June 20, 2014 by Senate, 49-10
Signed into law by Governor Andrew Cuomo on July 5, 2014
Effective: Upon Governor's signature.
Limited use of medical marijuana within the state.
Possession/Cultivation: 30-day supply to be determined by the health commissioner during the rule making process or by the physician.
Smoking is not a method approved by the bill.
New York Department of Health
Website:
New York State Medical Marijuana Program
Information provided by the state on sources for medical marijuana:
The health commissioner will register up to five organizations to
manufacture medical marijuana, each of which may own and operate no more
than four dispensing sites.
Patient Registry Fee:
$50
Accepts other states' registry ID cards?
No
Registration:
Mandatory
| Code Section |
Penal Law Section 220, et seq.;
Public Health Code Sections 3306, 3307 |
| Possession |
Up to 25 grams - civil violation that incurs fines but no jail time
25 grams to 2 ounces - up to three months in jail and/or $500 fine
2 to 8 ounces - up to one year in jail and/or $1,000 fine
8 to 16 ounces - 1-4 years in prison and/or up to $5,000 fine (mandatory prison time for second offenses)
16 ounces to 10 pounds - 1-7 years in prison and/or up to $5,000 fine (mandatory prison time for second offenses)
10 pounds or more - 1-15 years in prison and/or up to $5,000 fine (mandatory prison time for second offenses) |
| Sale |
Up to two ounces without payment - up to three months in jail and/or up to $500 fine
Cultivating or selling up to 24 grams - up to 1 year in jail and/or up to $1,000 fine
25 grams to four ounces - 1-4 years in prison and/or up to $5,000 fine
4 to 16 ounces - 1-7 years in prison and/or up to $5,000 fine
16 ounces or more - 1-15 years in prison and/or up $5,000 fine
(Selling any amount to a minor - 1-7 years in jail and/or up to $5,000 fine.) |
| Trafficking |
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