New York Recreational Cannabis Laws
Here you will find a list of the recreational cannabis laws of New York states. This is not an all inclusive list of New York recreational cannabis laws. Be sure to do your own research.
It’s illegal for anyone under the age of 21 to buy, possess, or consumes use adult-use cannabis in New York.
Cannabis use consumption by people under 21 has been found to have negative social, physical, and mental health impacts on people under 21 because their brains are still growing and developing. Businesses must have an adult-use license to legally sell cannabis in New York, and adult-use retail dispensaries can lose their license or face other significant penalties for selling cannabis to anyone under 21.
Adults can be charged with criminal penalties for selling or giving cannabis products to someone anyone under 21.
What is Legal? It is legal for adults 21 years or older to possess 3 ounces of cannabis and 24 grams of cannabis concentrate (edibles, oil).
It is legal for adults 21 years or older to consume cannabis in a private home or in most places tobacco can be consumed, with the exception of consumption in a motor vehicle, a private business (such as a restaurant patio), a hookah or “cigar bar,” or on federal property.
It is legal for adults 21 years or older to “share” cannabis without compensation, to a person 21 years or older under the legal possession limit, but the sale of a service or commodity associated with the sharing is prohibited, including so-called “gifting.” What is Illegal? No smoking in public. No parks, basketball courts or any public space.
It is illegal to cross state lines with cannabis, including medical cannabis.
It is illegal to grow cannabis plants in your home until the OCM issues regulations permitting home cultivation for adult-use.
It is illegal to distribute or sell cannabis without a license. Transferring cannabis under the possession limit between adults who are 21 years or older without remuneration (money paid or service provided) is legal.
It is illegal to drive under the influence of cannabis which can slow motor coordination and other skills needed to drive safely. Like with alcohol, if you drive under the influence of cannabis, you will get a DUI and risk hurting yourself or others.
Since cannabis is still illegal under federal law, you can’t consume it on federal land, including national parks and national forests.
New York recently passed a law that prohibits smoking cannabis and tobacco in all New York State Parks and Other New York State public outdoor spaces effective 10/13/2022. Local municipalities have also been granted the authority to impose a $50 maximum civil penalty to individuals who violate this law.