While limited use of medical marijuana is legalized in New York, recreational use of the substance remains illegal.
Possession of up to 25 grams of cannabis is a crime punishable by a $100 fine. If a second offense occurs within 3 years, the fine increases to $200. For the subsequent offense, the offender may face a $250 fine and be imprisoned for 15 days. Possession of between 25 grams and 2 oz of marijuana entails 3 months of imprisonment and a maximum fine of $500. Carrying a larger amount is punishable by harsher penalties.
A person convicted of exchanging up to 2 grams of the substance (or 1 marijuana joint) without payment may be imprisoned for 3 months. The sale of up to 25 grams is punishable by a fine of $1,000 and a prison term of 1 year. Distributing more than 25 grams but less than 4 oz may lead to a $5,000 fine and 4 years of imprisonment.
Cultivation of any amount of marijuana is a crime punishable by up to 1 year in prison and a $1,000 fine.
Smoking, carrying, or using marijuana in public is a misdemeanor, penalties for which include a fine of up to $250 and a maximum sentence of 90 days in jail.
New York has a so-called “three strikes” law—consequently, a third felony may result in a life sentence.
The legislation only allows patients to possess a 30-day supply of edibles, oils, and vaporization and prohibits smoking of the plant material.
Home cultivation is illegal.
A person may only consume marijuana on private property.