New York’s Recreational Marijuana Laws And Penalties
New York’s drug laws are complex. There are half a dozen multiple classes laid out for drug possession alone. With that caveat, the basic provisions of New York marijuana laws are listed in the table below. See FindLaw’s Drug Charges section to learn more.
Public Health Code Sections 3306, 3307
Marihuana Regulation and Taxation Act S854A
|Penalties for Possession||
Up to 3 ounces of cannabis or up to twenty-four grams of concentrated cannabis – legal for those 21 or older
4 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
16 ounces to 10 pounds– 1-7 years in prison and/or up to $5,000 fine
10 pounds or more – 1-15 years in prison and/or up to $5,000 fine
|Penalties for Sale||
Up to three ounces or up to twenty-four grams of concentrated cannabis without payment – Legal for those 21 or older
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 to $5,000 fine
Selling any amount to a minor – 1-7 years in jail and/or up to $5,000 fine
Buying Weed In New York Locally
Since marijuana has become so decriminalized, there are many spots where we can buy it. However, the locals recommend visiting a few spots where dealers usually hang out. The first is college campuses more specifically, the NYU campus. We can find some students there who will help us find a dealer.
A Better And Legal Alternative To Marijuana In New York
As mentioned above, the only way for New Yorkers to get high-quality weed is to grow their own plants. However, growing weed takes time, and it would be nice to have something to smoke in that 6-8-week period.
Buying weed from dealers is risky, so unless you have a friend who shares and cares, youll need to find some alternative.
Delta 8 THC is the best that could happen to cannabis users in years.
This novel compound is making big headlines in the weed space thanks to the latest extraction methods.
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What Disparities Is This Law Designed To Correct
One 2018 analysis by The New York Times found that Hispanic people across New York City had been arrested on low-level marijuana charges at five times the rates of white people in recent years.
The imbalance was even starker for Black people, who in Manhattan were arrested at 15 times the rate of white people.
But surveys have shown that Black and white people use marijuana at similar rates. And in neighborhoods where people called to make complaints about marijuana at similar rates, arrests were almost always made at a higher rate in the area with more Black residents.
Officials hope the new law will help put an end to those disparities.
Millions of dollars in tax revenue from sales will be reinvested each year in communities affected by racially disproportionate policing on drugs. A significant amount would also be steered to fund public education and drug prevention treatment.
A sizable portion of business licenses would be reserved for minority business owners, disabled veterans and distressed farmers, among others.
Big Changes Coming To Nys Medical Program
Medical cannabis patients will be able to attain a 60-day supply of cannabis, as opposed to the prior limit of 30 days. The new law also greatly expands the list of qualifying conditions to include:
- Parkinsons disease
- Multiple sclerosis
- Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity
- Huntingtons disease
- Post-traumatic stress disorder
- Pain that degrades health and functional capability where the use of medical cannabis is an alternative to opioid use
- Substance use disorder
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Airbnb Bans Illicit Van Host After Nyc Bust Operation Room Service’
Smoking marijuana is no longer “a basis for an approach, stop, summons, arrest, or search” the department memo said. New Yorkers smoking marijuana on sidewalks or front stoops – they use as an example – are protected under the law.
Not all public spaces are fair game, however. The city has a ban on smoking in park and beaches.
Cops also don’t have actionable jurisdiction for anyone under the legal limit in possession of three ounces or less of marijuana. The memo states that officers “may have the ability to issue a civil summons” for violators under 21 in the future.
Anyone under the legal age caught smoking in public spaces that bans smoking, however would be subject to a criminal court summons, according to the memo.
The smell of marijuana alone is no longer probable cause for a vehicle search for contraband, the NYPD said. A vehicle search does become lawful is a driver appears visibly impaired. Smoking behind the wheel, although a criminal offense, does not warrant a vehicle search either.
The department is also shifting how it responds to hand-to-hand “sales.” Exchanges of lawful amounts of marijuana, three ounces or less, done without an exchange of payment or compensation are not considered a sale and are allowed, the department said.
Wednesday’s bill signing immediately legalized marijuana use but recreational sales are not expected to begin for one or two years.
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What About Cbd Hemp Oil In New York
CBD hemp oil was legalized in 2018 with the signing of the 2018 Farm Bill. The new law reclassified hemp as an agricultural crop. So now it can be grown and harvested for any use, including food, clothing, construction materials, paper, biofuel, and health supplements like CBD extracts.
You can find CBD hemp oil in local pharmacies, vape stores, head shops, organic health stores, and dispensaries. However, similar to delta 8 THC products, the best companies and deals on CBD is found online.
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The Feds Are Coming For Delta
Keep in mind that anti-smoking laws ban cigarette use at bus stops, in parks, in schools, and workplaces. Anyone caught smoking weed in these places in New York risks a $25 fine, community serviceand, worst of all, making a scene.
Shoving it down peoples throats is not the move, MaHarry said, laying out the general ethos. You need to have decorum when you do it. Have respect for the people around you.
Okay, what about the bar?
Bars and restaurants have outdoor patios. Smoking cigarettes is banned here, but before and during the COVID-19 pandemic, its extremely common to encounter someone smoking a cigarette in one of these places.
As Spectrum News reported, its not allowed to smoke cannabis at your locals smoking patio or after you finish another fine outdoor dining experience but here, the letter of the law matters less than the spirit of the occasion.
Does it seem okay? Try it out. Are you bothering anyone? Cut it out.
Its about disrupting the space, MaHarry explained. If youre eating a meal, you dont want someone smoking something next to you. It doesnt matter what youre smoking, if the smell is overpowering. Its like blasting music at your dinner table. Youre taking over the space with what youre doing, which is never really cool.
Okay, what about the kids?
Even legal marijuana has been used as a pretext to use the state to punish parents for using cannabis.
Okay, Im too high.
You have got to figure out your limits and then abide by them.
How Will The Law Help Marginalized Communities Join The Industry
State officials set a goal of offering half of all licenses to businesses owned by women or people of color, distressed farmers, or disabled veterans. In addition, taxes collected from the sale of cannabis will be redirected toward schools, drug treatment initiatives, and community organizations in areas adversely affected by drug enforcement. Entrepreneurs will also be able to access grants and loans, and business development training through the Office of Cannabis Management, although drug advocates are already raising concerns that medical companies could get a head start and dominate the market. If we do this in a way so everybody rolls out at the same time, you can meet the social equity goal. if you dont roll out at the same time, what are you going to do? said Fenderson, the Brooklyn cannabis educator.
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Medical Marijuana Registry Program
The MMP is the portal through which New York patients register for identification cards and are granted access to cannabis from approved dispensaries.
To register, patients must first contact a practitioner registered with the Department of Health and be certified with a qualifying condition. Patients must be New York residents or temporarily residing in the state for medical treatment.
Once certified, patients create an account online. Once approved, they receive a temporary registry identification card, which may be used in conjunction with a government-issued photo ID to purchase approved medical marijuana products until the permanent registry ID card arrives. Registrations expire when the certification issued by the practitioner expires based on the prescription. Patients and caregivers must re-register each time a new certification number is issued.
The state charges a $50 application fee for patients and caregivers, but the fee may be waived or reduced for financial hardship.
The list of health professionals who can certify patients includes nurse practitioners and physician assistants. Practitioners are required to complete a Department of Health-approved education course, create an account, and register with the Health Commerce System.
How Does The Legislation Relate To Racial Justice
Debate between Cuomo and state lawmakers on regulation and tax revenue delayed legalization efforts for years even as public opinion polling showed a majority of New Yorkers supported legalization. Ultimately, lawmakers prevailed with the new legislation directing 40% of tax revenue from sales to Black and Latino communities impacted by disparate policing in the war on drugs.
“The legislature was able to plant their flag on a lot of specific tenants of marijuana justice, social equity and consumer rights included in the bill.”
Troy Smit, N.Y. NORML deputy director
The legislation automatically expunges the criminal records of people who were convicted of marijuana-related offenses that are no longer illegal. Lawmakers also set a goal that 50% of cannabis business licenses be reserved for social equity applicants including people from communities impacted by marijuana arrests, women and minority business owners, distressed farmers and veterans with disabilities.
Cuomos capitulation to state lawmakers comes as the governor is embattled with allegations of sexual misconduct and misleading the public on nursing home deaths from COVID-19. Because the legislation leaves many regulatory decisions up to a new agency that falls under the governors office, Smit said, Cuomo will still have significant influence over the implementation of the states marijuana industry.
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Weed Consumption Rules In New York
For the most part, adults can publicly consume cannabis wherever they can smoke tobacco, including city sidewalks. There are some exceptions to this rule. You cant smoke cannabis in the following tobacco-approved locations:
- Inside a Vehicle
- Pedestrian plazas
The language of the law allows for the establishment of cannabis lounges where consumers can enjoy weed on-site. Such establishments dont exist yet, and regulations governing these types of operations are in development.
The state gives local jurisdictions the discretion to tighten consumption restrictions as they see fit.
Traveling With Weed In New York
Traveling with weed in New York is legal, but you must keep it in a child-proof container and away from the drivers reach, preferably on the backseat or in the trunk. However, you cant take marijuana out of the state, as it will be considered as the transportation of drugs its a federal felony that can land you in prison for up to several years.
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How Can I Buy It
The law creates retail licenses, paving the way for brick-and-mortar dispensaries where people can purchase cannabis products. Localities can opt out of allowing dispensaries and will have until the end of the year to do so.
Consumption at dispensaries will be limited to businesses that have an on-site consumption license.
The state will also issue licenses for the creation of cannabis delivery businesses, which means people will be able to get the drug delivered to their homes, something localities would not be able to block.
Will It Be Legal To Grow Marijuana At Home
Yes. For recreational purposes, users will be allowed to cultivate up to six plants at home, indoors or outdoors, and a maximum of twelve plants total per household. They will not be allowed to do so, however, until 18 months after the first adult-use dispensary opens.
Medical marijuana patients, or their designated caregivers, will also be able to grow the plants, six months from now.
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Is It Legal To Smoke Marijuana In Public In New York City
By niftyadmin | | Criminal Law
Our Manhattan drug possession attorneys have watched marijuana laws become more relaxed over the past decade. Many states have legalized medical marijuana for a variety of health conditions. Some, including New York, have decriminalized recreational use and a few, like Colorado and Washington, have legalized recreational use altogether. While cannabis laws have certainly loosened, there are still a few ways you can get into serious legal trouble if youre found in public possession of marijuana by the NYPD. Depending on the circumstances, you could even be charged with a felony.
Questions About Your Marijuana Charges Contact A Criminal Attorney In Nyc
If you or your daughter or son was arrested for marijuana possession in Manhattan, Queens, or Brooklyn, call the New York City criminal lawyers of Sullivan & Galleshaw at 730-0135 for a free legal consultation. We can help you explore legal defenses against drug charges that may be applicable to your case. Our New York City defense attorneys also handle drug distribution charges and drug trafficking charges.
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According to New York Marijuana Laws, possession of marijuana is generally illegal in New York. However, the Compassionate Care Act, which was passed in New York in 2014 provides for a medical marijuana program that allows patients who are suffering from a specified serious condition to obtain marijuana for medicinal use from licensed dispensaries. Patients must be certified to have qualifying conditions by their physicians and must have a registry identification medical marijuana card in order to obtain approved medical marijuana products from a dispensary. Visit the New York Medical Marijuana website to learn more about New Yorks medical marijuana program.
If youve been charged with illegal possession of marijuana and seek help from an attorney, enter your ZIP code below.
Overview Of New York Marijuana Laws
New York has had a medical marijuana program since 2014 after the approval of the Compassionate Care Act but only recently did it legalize personal possession, sale, and home cultivation of adult-use cannabis.
- Possession Simple possession of up to 3 ounces is now allowed in New York. However, more than 3 up to 8 is already a misdemeanor and penalties go up as the amount of marijuana possessed increases.
- 3 to 8 oz a Class A misdemeanor punishable by up to 1 year in prison and a maximum fine of $1000.
- More than 8 oz to 1 lb a Class E felony punishable by up to 4 years in prison and a maximum fine of $ 5000.
- More than 1 to 10 lbs a Class D felony punishable by up to 7 years in prison and a maximum fine of $ 5000
- More than 10 lbs a Class C felony punishable by up to 15 years in prison and a maximum fine of $ 15,000.
- Sale While the exchange of less than 2 grams of marijuana or a joint is a misdemeanor, selling is an automatic felony.
- Selling 25 grams or less is a Class A misdemeanor.
- 25 g to 4 oz or using a minor to sell Class E felony
- 4 oz to 16 oz or selling any amount to a minor Class D felony
- Over 16 oz Class C felony
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Welcome To The Big Smoke
If you asked us is weed legal in New York a few months ago, we would have said no. But now Yes! Legalizing marijuana in March 2021 has completely revolutionized this market. The start will be slow, but in the next five years, cannabis will create jobs and spread peace throughout the Big Smoke.
Along with New York, some other northeastern states like New Jersey, Vermont, Maine, Massachusetts, and more throughout the country have legalized marijuana. Since New York marijuana law has changed, theres been more chatter about legalizing weed in other areas, making the list of states where weed is legal swell up.
However, federal legalization could take a lot more time. Until then, only consume and possess marijuana products in states that allow it. If youre a New Yorker, now you can start researching homegrown plants and even buy cannabis seeds.