New York State Marijuana Laws

New York State Marijuana Laws

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.

New York State Medical Marijuana Laws

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.