You’re Going To Need A License For That
New Yorks cannabis law outlines several licenses, ranging from an adult-use cultivator to delivery.
Other types include a microbusiness license allowing for the limited cultivation and dispensing of marijuana and a nursery license allowing for the sale of certain agricultural products relating to cannabis.
The board is tasked with the goal of providing 50% of licenses to social equity applicants to ensure the inclusion of groups such as minority- and women-owned businesses, distressed farmers, and service-disabled veterans.
It’s up to the cannabis board to issue the regulations controlling the licensing process. The panel is also tasked with making recommendations regarding the approval of price controls set by the state Office of Cannabis Managements executive director, Christopher Alexander.
But the legislation does offer some guidance for licensing of the substance and other measures to prevent vertical integration.
For instance, the adult-use retail dispensary license will allow for the sale of cannabis from a store to consumers, though the establishment cannot be within 500 feet of a school or within 200 feet of a house of worship.
Some licenses also have provisions limiting the number and the variety of licenses an applicant may obtain.
Possessing Cannabis In New York
After the passage of the Marihuana Regulation and Taxation Act in March 2021, adults 21 and older can possess up to 3 ounces of cannabis and 24 grams of cannabis concentrate.
Registered patients may hold up to a 60-day supply of an approved medical cannabis product at any time. Patients and designated caregivers must have their medical marijuana registry ID card on hand at all times when possessing medical cannabis.
Vaporizing or smoking approved medical cannabis products is illegal in places where tobacco smoking is prohibited. It is also illegal to vaporize a medical marijuana product within 100 feet of public or private school grounds, unless on private property. Consuming medical cannabis is illegal in motor vehicles on public and private roads or parked in any lot.
Updates On Cannabis Legalization In New York
Effective March 31, 2021, Governor Andrew Cuomo legalized adult-use of cannabis, and provided for the licensure of producers, distributors and retailers of marijuana throughout the Empire State. Under this New York legalization, the legislature has established the New York State Cannabis Control Board under the Marijuana Regulation and Taxation Act, and authorized this Board to regulate the licensure and establishment of New York cannabis retail dispensary licenses and on-site consumption licenses. The newly signed law instructs expungement of previous marijuana-related criminal records in the state, and includes a provision preventing employers from disciplining or discriminating against workers for using the drug during personal time off of the employers premises and without use of the employers equipment or property. This New York marijuana legislation could set the stage for changes across the country.
June, 2021 update: Despite legalization, it could be over a year before New Yorkers can purchase weed from dispensaries in the state. Thanks to a political struggle over who will oversee the industry, New Yorks legal-cannabis implementation process is halted.
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I Can Smoke Anywhere Now
Not exactly. You can possess up to three ounces of marijuana, the equivalent of 50 to 75 joints and toke anywhere you can smoke a cigarette, if youre 21 and older. But you cant purchase weed without a prescription or sell it without a license until state regulators write rules for recreational use of the drug.
Police cannot arrest you for carrying a small amount of pot, and prosecutors are not going to run you through the system, according to a memo sent to NYPD officers. Cops cant charge someone for selling marijuana unless they observe cash being exchanged, but its still illegal to drive under the influence of marijuana, and cops can pull you over for impaired driving.
Of course its hard to change policing habits overnight. Weve always said that marijuana legalization in and of itself isnt going to fix racist policing, but it removes a tool used for far too long to justify summonses and arrests, said Melissa Moore, state director of the Drug Policy Alliance.
Health Effects & Responsible Use
Cannabis does not affect everyone the same. If you havent used cannabis before, or it has been a while, its good to start low and go slow. Cannabis should always be used responsibly and never before driving, operating heavy machinery or making important decisions.
Cannabis use has health consequences. If you are pregnant or breast feeding, have been diagnosed or are predisposed to having a serious mental illness, have a history of respiratory or cardiovascular illness, or are currently taking any prescription medication talk with your health care provider before use.
Next Section
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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.
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.
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Legal Adult Use And Possession In Nyc
As of March 31, 2021, it is legal for adults 21 and older to possess up to three ounces of cannabis for personal use in New York. Adults may smoke or vape cannabis wherever smoking tobacco is allowed under the smoke-free air laws, with a few exceptions.
Cannabis use is not allowed in motor vehicles or in outdoor dining areas at restaurants. Smoking or vaping cannabis in prohibited areas may result in a summons and fine.
It is still against the law for people younger than 21 years old to possess, sell or use any amount of cannabis. Also, no one may legally possess more than three ounces of cannabis, sell any amount without a license or drive while under the influence or impaired by cannabis.
After legal sales begin :
- Adults will be allowed to store up to five pounds of cannabis in their home.
- Adults will be allowed to grow three cannabis plants at home. Homes with more than one adult will be allowed to grow six plants .
- Cities and towns may have on-site consumption areas where people can use cannabis.
Where Is Weed Allowed
New Yorkers can now legally possess and use up to three ounces of marijuana for recreational use and up to 24 grams of concentrated cannabis. While up to five pounds of marijuana can be kept at home if secured properly, home cultivation is not currently allowed. Its legal to smoke marijuana anywhere in public wherever tobacco smoking is allowed but not inside cars, schools or workplaces.
The states new Cannabis Control Board, as well as individual municipalities, may create additional restrictions on smoking marijuana.
Syracuse University currently bans the possession, use and distribution of alcohol and illegal drugs on campus. This policy will continue despite New Yorks marijuana legalization, said Dean of Students Marianne Thomson in a campus-wide email Monday. University policy also prohibits the possession or use of medical marijuana on campus, she said. The Drug-Free Schools and Communities Act of 1989 mandates that universities receiving federal funding must have a marijuana use policy, as the drug is still illegal under federal law.
I hate to say it, but Im afraid there will still have to be that hiding out in secrecy, said Dessa Bergen-Cico, an SU professor of drug policy and addiction studies.
Bergen-Cico doesnt expect legalization to have a significant impact on college students behavior given that the legal age is 21 and universities will continue to prohibit drug use.
NEW YORK COLLEGE STUDENTS WANT THE STATE TO LEGALIZE WEED
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Common Questions About Marijuana Legalization In New York
Can medical patients grow in New York?
Home cultivation is currently not permitted in New York, but the March 2021 law will set for medical patients by the end of 2021, and for all adults by the end of 2022.
Is New York a medical state?
Yes. Medical cannabis is legal, but recreational cannabis is not.
Can you get a medical card for anxiety in New York?
No, anxiety is not included in the list of qualifying conditions.
Can you get a medical marijuana card with a felony?
The law doesnt preclude felons from participating in the program.
Can you smoke medical marijuana in New York?
No, smokeable forms of cannabis are not allowed to be sold by licensed medical marijuana dispensaries in New York.
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.
| Code Section |
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 |
| Trafficking |
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Legal Weed In Nyc: Everything You Need To Know About Marijuana In Nyc
Wondering how to legally smoke marijuana in New York City? Here’s your guide to New York’s current laws.
After years of failed attempts, Governor Cuomo finally signed legislation last week making weed legal in New York. However, even though New York is now on track to become one of the nations biggest markets for marijuana, many of the changes still dont got into effect for quite some time. You probably have a lot of questions about the situation, and weve got answers! Heres your guide to the current state of legal weed in New York.
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Medical Marijuana In New York
The State of New York did legalize medical marijuana in 2014 with the passing of the Compassionate Care Act . Patients must obtain a certification for medical marijuana from a physician that is registered with the Medical Marijuana Program.
Under the law, registered patients with a qualifying condition have access to a 30-day supply of non-smokable marijuana products, including capsules, liquids, and oil for vaporization or administration via an inhaler. On August 10, 2017, officials at the Department of Health announced the expansion of the states medical marijuana program to also permit chewable and effervescent tablets and lozenges as well as topical lotions, ointments, and patches.
As of July 2019, there are 40 open and operating dispensaries throughout the state. Home cultivation of marijuana for medical purposes is not permitted under the law.
In New York, the following conditions are approved for medical marijuana access:
- Amyotrophic Lateral Sclerosis
- Post-traumatic stress disorder
- Spinal Cord Damage Causing Spasticity
The Department of Health commissioner is charged with to adding or removing qualifying conditions. The department has previously considered and refused to add Alzheimers disease, muscular dystrophy, dystonia, and rheumatoid arthritis.
As of July 30, 2019, there are104,775 patients certified by practitioners and 2,430 physicians that have registered for the NYS Medical Marijuana Program.
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Can I Smoke Anywhere
New Yorker are now permitted to smoke marijuana wherever its legal to smoke tobacco, though in the coming weeks, a newly formed state agency could restrict that further. You cant smoke in schools, workplaces or cars. Also, since tobacco is banned there as well, that also means its still technically illegal to smoke in NYCs parks, beaches and boardwalks.
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.
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Top Delta 8 Online Vendors
The delta 8 THC space is relatively new, so the market lacks regulation regarding manufacturing and labeling standards. As mentioned in a few sections above, there are many great brands out there, but theres also a fair number of scammy companies mooching on low customer awareness.
We advise new delta 8 users to research their potential suppliers, checking for parameters like laboratory testing, user reviews, hemp farming, and extraction methods.
Here are the top delta 8 brands that sell pure delta 8 THC distillate in various formats all third-party tested and certified.
Is Medical Cannabis Legal In New York
Yes, medical cannabis is legal in New York. The law allows qualifying patients over the age of 18 to use marijuana.
New York lawmakers passed a medical marijuana bill in 2014. The Department of Health created the medical cannabis program.
The law allows medical patients to buy up to a 30-day supply of cannabis. Patients can buy liquids, capsules, sprays, oils, and vape products.
New Yorkers may not buy edibles or smokable forms of cannabis.
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New York Finally Launches Legal Marijuana Control Board What To Expect
New York is moving closer to a legal and regulated market for recreational marijuana with the first meeting of the state’s Cannabis Control Board. Steve Helber | AP Photo
Six months after New York legalized marijuana for recreational use, the state is finally getting down to the business of setting the rules for growing, processing and selling it and ensuring the social equity provisions written into the law.
The first meeting of the states new Cannabis Control Board, which will also regulate non-THC cannabis like hemp and CBD, will take place this afternoon in a virtual format. It starts at 1:30 p.m. Follow it live here.
Many observers have complained about the slow start, which was hampered in part by the issues that led to the resignation of former Gov. Andrew Cuomo and the transition to new Gov. Kathy Hochul. Since Hochul took office in August, she has pushed to name the members of the board and get the states new Office of Cannabis Management, which will oversee day-today business, up and running.
Those eager to get into the new industry or otherwise benefit by it are happy to see the progress. But they fear it may still take well into 2022 for such things as business licenses to be issued.
Its certainly good to see some movement after all these months, said Kaelan Catstetter, policy director for the Castetter Cannabis Group, a Binghamton-area business consulting firm. It took longer than it should, probably.
That means there is a lot of work ahead.