Cannabis (Marihuana) Basics Under New York State Law

Possession:

Under New York State Law as of March 31, 2021, it is now legal for a person 21 years of age or older to possess, purchase, or transport up to three ounces of cannabis and up to twenty-four grams of concentrated cannabis.

Additionally, under New York State Law it is now legal for a person 21 years of age or older to give or transfer up to three ounces of cannabis and up to twenty-four grams of concentrated cannabis, to another person 21 years of age or older, as long as it is given without any payment.

Use:

Under New York State Law, it is now legal for a person 21 years of age or older to smoke cannabis anywhere that smoking tobacco would be permitted unless another law, rule or local policy forbids it. Additionally, private establishments or businesses have the right to make their own rules and policies regarding the possession, use or transfer of cannabis on private property or buildings.

Cannabis Plants:

Under New York State Law, it is no longer a crime or illegal for an adult 21 years of age or older to grow up to three mature and three immature cannabis plants in their home at one given time. No home can have more than a total of six cannabis plants.

Violations, Fines, and Civil Penalties

Effective immediately, under New York State Law, there are no penalties for public possession of up to three ounces of cannabis or 24 grams of marihuana concentrates.

However, under New York State Law, it is still illegal to possess or sell more than three ounces of cannabis or more than twenty-four grams of concentrated cannabis. See NYS Penal Law Art 222 for a list of new Cannabis/marihuana related offenses and the fine or civil penalty associated with each violation level offense.

The penalty for growing more than the legal number of plants is a civil penalty of up to $200.

Expungement

People with prior marihuana related convictions in New York State that would now be legal under the new law would have their records automatically expunged.

Under New York State Law once a conviction is expunged, it cannot be used against an individual when they apply for housing, student loans, or a job.