Marijuana Use and Possession Law in New York

The cultivation, use, possession, and distribution of marijuana is prohibited under U.S. federal law. Specifically, the federal Controlled Substances Act makes these activities illegal and subject to criminal drug charges. However, many states have decriminalized and even legalized the use of marijuana for medicinal and/or recreational purposes.

Until recently, New York marijuana laws had been fairly strict regarding the possession and use of marijuana. Then, in 2014, the Compassionate Care Act was passed. This Act created special legal protections for people who suffer from certain medical conditions and allowed them to use and possess marijuana for medicinal purposes. A local New York attorney would be able to provide information about medical marijuana law in New York.

As of today, under New York weed laws marijuana possession and use is now legal in New York for both recreational and medicinal purposes for certain people. Of course, residents must be older than 21 to possess and use cannabis for both recreational and medical cannabis. Moreover, medical marijuana is only available to patients who have been certified by medical practitioners to suffer from certain illnesses.

Cannabis for medicinal use is only available to eligible minors, i.e., children under the age of 18, through their designated caregivers.

There are still limits on the amount of marijuana an adult may possess for their own use. An adult may possess up to 3 ounces of marijuana flower or 24 grams of marijuana concentrate. If an adult possesses the marijuana for medicinal use, an eligible patient may own a 60-day supply as recommended by a licensed physician. Possession of more than the allowed amount may still lead to criminal charges.

Marijuana cultivation within certain limits is also legal in New York state. Each resident of New York may grow up to 6 marijuana plants. A household may grow as many as 12 plants. It should be noted that home cultivation is presently prohibited as the final rules for recreational home growing in New York have yet to be established.

Exceeding the marijuana limitations in New York may lead to criminal penalties, which may depend on such factors as the location and number of violations.

Finally, it is legal to smoke marijuana in public places in which cigarette smoking is permitted, but not in vehicles, schools, or workplaces.

Although the use of marijuana by adults is now legal in New York and 18 states in the U.S., it is still prohibited by federal law. In 2018, the federal Farm Bill legalized the cultivation and use of cannabis with a low-THC content, which is known as “hemp.” However, otherwise, the possession, use, cultivation, and distribution of marijuana is illegal under federal law.

How Much Marijuana Is a Felony in New York?

New York’s marijuana laws are quite complicated. Certain actions are still criminal and subject to punishment by the imposition of a fine and/or imprisonment in jail or state prison. Some actions even constitute felony criminal offenses.

For example, the following are some current marijuana crimes in New York:

• Possession and cultivation of between 3 and 8 ounces of marijuana is a misdemeanor punishable by up to 1 year in jail and/or imposition of a fine of up to $1,000.
• Possession and cultivation of between 8 ounces and 1 pound is considered a felony punishable by up to a 4 years in prison and imposition of a fine of up to $5,000.
• Possession and cultivation of between 1 pound and 10 pounds is considered a felony punishable by up to a 7 years in jail and a fine of up to $5,000.
• Possession and cultivation of over 10 pounds is considered a felony punishable by up to 15 years imprisonment and a fine of up to $15,000.
• Possession of marijuana in public view is a misdemeanor criminal offense punishable by imposition of a fine of up to $200.
• Cultivating more than 6 marijuana plants is a misdemeanor punishable by up to 1 year in prison and/or imposition of a fine of up to $1,000.

The possession and/or cultivation of over 8 ounces of marijuana is a felony criminal offense under current New York state law.

The crime of possession with the intent to distribute marijuana in New York is punished as follows:

• The sale of 25 grams or less of marijuana is considered a misdemeanor punishable by up to 1 year in jail and a fine of up to $1,000.
• The sale of between 25 grams and 4 ounces of marijuana is considered a felony punishable by up to 4 years in prison and a fine of up to $5,000.
• The sale of between 4 ounces and 1 pound of marijuana is a felony punishable by up to 7 years in prison and a fine of up to $5,000.
• The sale of more than 1 pound of marijuana is a felony punishable by up to 15 years in prison and a fine of $15,000.
• Using a child to assist in the sale of marijuana is a felony punishable by a term of imprisonment of up to 4 years and a fine of up to $5,000
• The distribution of marijuana to a minor is a felony punishable by up to 7 years in prison and a fine of up to $5,000.

Residents can use marijuana legally in private residences. Public consumption is addressed under New York’s Clean Air Act, which allows marijuana use in places in which tobacco use is legal. However, the Act prohibits use in certain public locations, including parks, businesses, schools, and bus stations. Anyone who is convicted of smoking marijuana in these locations in New York runs the risk of paying a fine of $25 and doing community service.

There is a mandatory minimum sentence of 15 years in prison for the crime of trafficking marijuana in New York. This crime is a felony that may also be punished by imposition of a fine of up to $100,000 and/or imprisonment for up to 25 years. Again, a person convicted of trafficking marijuana would have to serve at least 15 years but might have to serve as much as 25 years.

Is It Legal to Possess a Bong or Water Pipe?

The possession or sale of scales or balances for weighing or measuring marijuana is a misdemeanor crime punishable by up to 1 year in prison. A second violation is a felony criminal offense punishable by up to 7 years in prison and a fine of up to $5,000.

A water pipe that has never been used or one that is used to smoke tobacco is not illegal in New York. However, possession of a dirty water pipe or any other object that has only drug-related uses, e.g., roach clips or a grow kit, is a misdemeanor criminal offense. The punishment is a term of imprisonment of up to 1 year in jail.

Is Medical Marijuana Legal in New York?

As noted above, currently under New York weed laws marijuana possession and use is now legal in New York for medicinal purposes for certain people. Only residents who are over 21 may possess cannabis for medicinal use. In addition, medical marijuana is only available to patients who have been certified by licensed medical practitioners to suffer from certain illnesses.

Cannabis for medicinal use is only available to eligible minors through their designated caregivers.

Should I Hire an Attorney for Help with New York Marijuana Laws?

As can be seen from reviewing the information above, New York’s marijuana laws are complicated. In addition, federal law regarding controlled substances is still in force in New York as in all other states.

If you have any questions or concerns regarding the marijuana laws in New York state, you want to contact a New York drug lawyer for more information. LegalMatch.com can connect you to a New York drug lawyer who is familiar with New York marijuana law, can answer any of your questions, and can interpret how they may apply to your situation.

Additionally, if you are facing criminal drug charges in New York, your lawyer can review the charges against you, determine if you have any defenses, and represent you in court.