New York Cannabis Laws

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

AB 6357

"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+ are allowed to 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:

1. Register online with Leafwell and speak to a friendly physician – You can speak to a doctor and qualify for a NY medical marijuana card online. The cost of the online consultation is $149. You are only billed if approved.
2. Create a My.NY.Gov account and select the Medical Marijuana Data Management System – Enter all of 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.
3. You will then be issued a temporary NY Registry Identification Card – Your temporary NY medical marijuana card will be sent through your My.NY.gov account, alongside your state-issued identification to purchase approved Medical Marijuana products.
4. 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 in order to apply for a Medical Marijuana Card in New York. Those under the age of 18 must apply as minors, and will need a caregiver. 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."

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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?

Up to 3 mature and 3 immature plants per person, with a maximum of 12 mature plants and 12 immature plants per household.

Does New York accept out-of-state cards?

New York does not recognize medical marijuana cards issued by other states, and therefore NY 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
• US 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 fine) – just that you are protected by the state’s medical marijuana laws to some extent. It is wise to call the dispensary ahead if you are a medical cannabis patient from another state and you intend on purchasing 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 beholden to the visiting state’s medical marijuana laws, not the state that issued your card.

The following states accept out-of-state applications, allowing a visiting patient application 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 card holders 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 his or her 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 purchase cannabis. Only those with a legal license to sell cannabis can actually do so.

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 any other such healthcare space is also illegal. Private members club 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 and 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.