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New York State Cannabis (Marihuana) Law (March 31, 2021)

Under New York State Law, effective March 31, 2021, it is no longer a crime to smoke or possess limited amounts of cannabis (marihuana or marijuana).

Article 221 of the New York State Penal Law which contained the marihuana charges that made the possession, use, and sale of marihuana illegal, is no longer in effect .That section has been replaced with a new section, NYS Penal Law article 222.

Under New York State Law, it is now lawful for an adult 21 years of age or older to:

  • possess, display, purchase, obtain, or transport up to three ounces of cannabis and up to twenty-four grams of concentrated cannabis.

  • give or transfer up to three ounces of cannabis and up to twenty-four grams of concentrated cannabis without compensation(usually money) to another adult 21 years of age or older.

  • 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 property or buildings.

What Can't You Do


  • You cannot smoke or vape cannabis any place where smoking is not allowed.

  • In New York City, you cannot smoke cannabis or tobacco in parks, at beaches, on boardwalks, or in pedestrian plazas and playgrounds.

  • You cannot smoke cannabis in schools, workplaces, or cars.

  • 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 Article 222 for a list of offenses.

  • Driving while impaired from marihuana is still a crime.

Fines

Under New York State law, an individual who smokes cannabis in public in a location where it is not permitted can face civil penalties and can be fined up to $25 or directed to perform 20 hours of community service.

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