New York Cannabis Laws & Regulations
New York has the largest population of any state on the East Coast, but just over 123,000 registered medical cannabis patients.
New York’s medical marijuana program used to be rather unorthodox. The state used to require doctors to prescribe cannabis much like they would pharmaceuticals. The doctor was required to specify the brand, type, and even the way you consume the cannabis. Everything was tightly controlled to the dosage, including specially designed vape pens. Doctors are no longer required to prescribe exact dosages and brands. This is no longer the case following recreational legalization. Dispensaries now have a similar look and feel to others across the country.
In 2021, New York officially legalized adult-use cannabis for recreational purposes, in addition to its existing medical program. The state has a fully-established recreational sales program now, but the approval process for new dispensaries is moving slowly, leaving customers in most areas of the state with few options. This is why most New York medical cannabis patients have chosen to retain their cannabis certifications.
Is Weed Legal in New York?
YES. Adults aged 21 and over can legally consume marijuana for medicinal or recreational use in the state of New York.
Weed Legalization in New York
New York’s medical marijuana program began in 2014, when then Governor Cuomo signed New York's Compassionate Care Act (S7923) into law. Under the law, medical marijuana patients could register with the state and seek approval, a fairly stark contrast with more lenient programs, like California’s. Once approved, patients could purchase and possess marijuana from state-registered dispensaries.
Somewhat surprisingly, given its more restrictive origins, New York’s medical marijuana program is making it easier for patients to get approved. The Empire State now allows all registered medical practitioners to certify patients for medical marijuana, and the state no longer requires a specific medical condition for certification. With the signing of the Marihuana Regulation & Taxation Act (MRTA), any registered medical professional including nurse practitioners, midwives, and dentists, can certify patients for medical cannabis for any reason in the state of New York.
In 2021 adult-use cannabis was legalized in the state of New York. However, New York’s recreational dispensaries have been slow to open, so there are still limited options to legally purchase safe, tested cannabis in New York without a medical marijuana card.
New York’s OCM, the governing body responsible for cannabis regulation in the state, has been working to open more dispensaries faster in light of the exploding gray market selling untested and often contaminated cannabis products.
Even though it may be tempting for medical marijuana patients to let their card lapse now that NY has legalized adult-use cannabis, it isn’t advisable in light of the difficulty of accessing legal adult-use products. As of 2024, the consumption of cannabis is legal for medicinal and recreational use in the state of New York.
Where to Buy Legal Weed in New York
Qualified patients aged 18 and above can purchase cannabis from state-licensed medical dispensaries. Adults 21 and older can purchase cannabis from adult-use dispensaries.
Medical cannabis purchases currently carry a 7% excise tax, which is baked into the price of the retail product rather than noted as a separate line item on the receipt. The state levies a 9% excise tax on retail sales and a 4% local excise tax.
Is Cannabis Delivery Available in New York?
YES, delivery is available for both medicinal and adult-use purposes in the state of New York.
Where Can You Legally Use Weed in New York?
Cannabis can be legally used in the following areas in New York:
✅ Private properties such as residences
✅ Businesses with a commercial cannabis consumption license
Cannabis CANNOT be consumed in:
❌ Public spaces
❌ Businesses that lack a license for commercial cannabis consumption
❌ Motorized vehicles in motion, for both driver and passengers
❌ Federal land, like national parks
❌ Anywhere smoking tobacco is prohibited
What are the Restrictions on Cannabis Possession in New York?
Medical cannabis restrictions in New York are based on the prescribed dosage as assigned by a physician. As a result, the state of New York doesn’t designate an exact limit for medical cannabis patients. Instead, the state allows patients to purchase and possess a 60-day supply of their medication, based on the dosage prescribed.
Adults aged 21 and above may purchase and possess up to:
- Cannabis: 3 ounces / 85 grams
- Cannabis concentrates: 24 grams
For transfer to another adult:
- Dried cannabis: 3 ounces / 85 grams
- Cannabis concentrates: 24 grams
For the state’s home cultivation program:
- Maximum # of mature plants: 3
- Maximum # of immature plants: 3
For medicinal use:
Certified medical cannabis patients or designated caregivers may receive up to a 60-day supply, as determined by their physician. Patients may refill 7 days before running out, much like a prescription. Only patients over 21 may cultivate at home.
During vehicular transportation:
- Cannabis may either be in a sealed container, or
- Stored in the trunk of the vehicle
Have Questions About Getting a New York Medical Marijuana Card?
Learn more about medical cannabis and how NuggMD New York can help you get your card with our extensive set of patient resources:
