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New York Marijuana Law

Updated July 26, 2024

*Legal Disclaimer

Current Status: Medical

On July 1, 2024, New York became the latest state to legalize marijuana for recreational use. This landmark legislation not only allows for the possession and use of marijuana but also includes provisions for expungement of past marijuana convictions, taxation and regulation of sales, and investment in communities impacted by the War on Drugs.

Public Consumption Laws

While individuals over the age of 21 are now allowed to possess and use marijuana in New York, it is important to note that public consumption is still prohibited. This means that smoking or consuming marijuana in public spaces, such as parks, beaches, and sidewalks, is not allowed. Violators may be subject to fines or other penalties.

Cannabis DUI Laws

Similar to alcohol, it is illegal to operate a vehicle while under the influence of marijuana. In New York, this is considered driving under the influence (DUI) and can result in penalties such as fines, license suspension, and even jail time for repeat offenders.

Cultivation Laws

Under the new New York marijuana law, individuals are allowed to cultivate up to six marijuana plants, with three being mature, for personal use. However, there are strict regulations in place regarding the location and security of these plants.

Possession Laws

As mentioned before, individuals over the age of 21 are now allowed to possess up to three ounces of marijuana and up to 24 grams of concentrated cannabis in New York. It is important to note that possession of more than this amount may still be considered a criminal offense.

  • June 2019: Governor Andrew Cuomo announces support for marijuana legalization and creates a workgroup to draft legislation.
  • November 2023: Legislation officially introduced and begins moving through the state legislature.
  • March 2024: Bill passes in the New York State Assembly by a wide margin.
  • June 2024: Senate approves bill with amendments, which are then reconciled with the Assembly's version.
  • July 1, 2024: Governor Cuomo signs bill into law, making New York the latest state to legalize marijuana.

*The information provided in this communication is for general informational purposes only and does not constitute legal advice. For legal advice specific to your situation, please consult a licensed attorney.