Medical & Rec Cannabis & Marijuana Laws in New York

Is cannabis legal in New York?

New York has legalized both medical cannabis and adult use of marijuana.

What are the medical marijuana laws in New York?

Medical Cannabis Laws in NY

2014

“Relates to the medical use of marihuana; legalizes the possession, manufacture, use, delivery, transport or administration of medical marihuana by a designated caregiver for a certified medical use; prescribes procedures for such possession, acquisition, etc. including certification of patients by their practitioner, and that, in the practitioner’s professional judgment, the patient would receive therapeutic or palliative benefit from use of medical marihuana.”

Recreational (Adult Use) Cannabis Laws in NY

2021

Marihuana Regulation and Taxation Act S854A

Adults aged 21+ can possess up to 3 ounces (85 g) of cannabis or 0.85 ounces (24 g) of concentrated cannabis.

Marijuana products are expected to carry a tax of 13%.

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.

How do I get certified for medical cannabis in New York?

With Leafwell, you can get your New York Medical Marijuana Card in 4 simple steps:

Register online with Leafwell and speak to a friendly physician – You can talk to a doctor and qualify for an N.Y. medical marijuana card online. The cost of the online consultation is $149, and you are only billed if approved.
Create a My.NY.Gov account and select the Medical Marijuana Data Management System – Enter all your details and submit your physician’s certification. The cost of the application is $50, payable to the state. The New York MMJ program is called The New York State Medical Marijuana Program.
You will then be issued a temporary N.Y. Registry Identification Card. Your temporary N.Y. medical marijuana card will be sent through your My.NY.gov account alongside your state-issued identification to purchase approved Medical Marijuana products. Patients must bring their registry I.D. cards and certifications to a registered organization’s dispensing facility to purchase approved medical marijuana products.
You will receive your medical marijuana card in the mail within 7-10 days – If your medical card hasn’t arrived, you can carry on using your temporary card for up to 30 days.

You must be at least 18 years of age to apply for a Medical Marijuana Card in New York. Those under 18 must apply as minors and need a caregiver, and Caregivers must be 21 years of age.

The individual must be designated by the certified patient within the Medical Marijuana Data Management System before the designated caregiver can register with the Department.

Senate Bill S8191A (“Tanshin’s Law“) “Permits the administration of medical marihuana to students while at school and individuals with developmental disabilities while receiving services at a facility.”

Get your medical marijuana card

Connect with a licensed physician online in minutes.

Is telemedicine allowed for medical cannabis consultations in New York?

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

How much cannabis can I possess in New York with an MMJ Card?

For medical card holders = Registered patients may hold up to a 60-day supply of an approved medical cannabis product at any time. The amount may be greater than the possession limit for recreational users.
For recreational users = 3 oz. cannabis flower, 24 grams concentrate.

Is it legal to grow cannabis in New York?

A certified patient who is at least 21 can cultivate up to six cannabis plants — three immature and three mature — at their private residence, but only for personal use. In addition, designated caregivers 21 or older caring for a certified patient are also allowed to cultivate the same number of mature and immature cannabis for the patient’s use. No more than six mature and six mature plants can be cultivated in a private residence at any time.

According to the law, a private residence is “any building or part of a building or structure designed and occupied for residential purposes, including but not limited to a private home; townhouse; condominium; co-op; apartment; or mobile home.”

Hospitals, hotels, motels, resorts, or other public accommodations are not considered private residences for the purposes of cannabis cultivation unless otherwise approved by the state of New York.

Does New York accept out-of-state cards?

New York does not recognize medical marijuana cards issued by other states, so N.Y. does not have medical marijuana reciprocity.

Will my New York card be accepted in other states?

New York medical marijuana cards are recognized by other states with a medical marijuana program.

The following states accept or recognize out-of-state medical marijuana cards:

Arizona
Maine
Massachusetts
Michigan
Montana
Nevada
New Hampshire
New Jersey
New Mexico
Oklahoma
Puerto Rico
Rhode Island
U.S. Virgin Islands
Utah
Washington, D.C.

However, this does not always mean you can purchase cannabis at a medical marijuana dispensary (non-medical adult use is acceptable) – just that the state’s medical marijuana laws protect you to some extent. It is wise to call the dispensary ahead if you are a medical cannabis patient from another state and intend to purchase medical marijuana.

The qualifying condition usually has to match between states, so if your qualifying condition is accepted in one state and not your visiting state, your recommendation is not necessarily valid. You are also accountable to the visiting state’s medical marijuana laws, not the state that issued your card.

The following states accept out-of-state applications, allowing visiting patients to use medical cannabis for the duration of their stay:

Arkansas
California
Hawaii
West Virginia (cancer patients only)

Are there employment laws protecting medical cannabis cardholders in New York?

“Being a certified patient shall be deemed to be having a “disability” under article fifteen of the executive law (human rights law), section forty-c of the civil rights law, sections 240.00, 485.00, and 485.05 of the penal law, and section 200.50 of the criminal procedure law. This subdivision shall not bar the enforcement of a policy prohibiting an employee from performing their employment duties while impaired by a controlled substance. This subdivision shall not require any person or entity to do any act that would put the person or entity in violation of federal law or cause it to lose a federal contract or funding.” From CA NORML.

What are the medical cannabis product testing requirements in New York?

Cannabis in New York must be tested for cannabinoid content, residual solvents, pesticides, heavy metals, and microbial contamination, including E. Coli and Salmonella. Many products will also list their terpene content.

Where is it safe to purchase cannabis in New York?

In all states with a medical marijuana program, the only way to purchase medicinal cannabis products is via a legally-licensed dispensary or pharmacy or another legally designated space to buy cannabis. Only those with a legal license to sell cannabis can do so. Patients must bring their registry I.D. cards and certifications to a registered organization’s dispensing facility to purchase approved medical marijuana products.

Where is it safe to consume marijuana in New York?

All states with a medical marijuana program have some restrictions on where a person can legally use cannabis. Near schools, nurseries, parks, or other places where children are expected to be, using cannabis is illegal. Use of cannabis on or in federal land or buildings, hospitals, or other such healthcare space is also illegal. Private members’ clubs and landowners may also prohibit cannabis use on their property or restrict it at their discretion.

The safest place to use medical cannabis is in the safety of your own home. It is wise to use common sense, generally keep consumption out of public view, and utilize discreet consumption methods wherever possible.

New York has legalized cannabis use in public spaces to some extent, but care must still be taken.

Legal status

Possession limits

State taxes

Cultivation

To apply for a medical cannabis card in the state of New York