New York State legalized the adult-use of cannabis under the Marijuana Regulation and Taxation Act (MRTA). This legislation created a regulatory framework to govern the cultivation, processing, distribution, and sale of cannabis, while also focusing on social equity and reinvestment in communities disproportionately affected by past cannabis prohibition.
Adult-Use Cannabis Rules
The following rules apply to individuals 21 years of age or older in New York State:
Possession and ConsumptionAdults may legally possess and consume cannabis, subject to specific limits and restrictions on where consumption can occur.
- Public Possession Limit: Up to three ounces of cannabis flower and up to 24 grams of concentrated cannabis (such as oils or edibles).
- Home Possession: Individuals can possess more than the public limit in their private residence.
- Consumption Locations: Consumption is generally permitted anywhere tobacco smoking is allowed, but it is prohibited in:
- Schools (both public and private).
- Workplaces (as defined by employer policy).
- In a motor vehicle (even if parked).
- Private businesses may also restrict consumption on their premises.
Home Cultivation
Home cultivation is legal but is contingent upon the State's Cannabis Control Board (CCB) issuing regulations.
Status | Details |
|---|---|
Adults (21+) | May grow up to 3 mature and 3 immature plants per person |
Household Limit | Maximum of 6 mature and 6 immature plants per household, regardless of the number of adults |
It is illegal to operate a motor vehicle or boat while impaired by cannabis. The State utilizes Drug Recognition Experts (DREs) to assess impairment.
Regulatory Structure
The MRTA established two key bodies to manage the legal cannabis industry:
- Cannabis Control Board (CCB): This board is responsible for regulating the entire supply chain, including licensing and setting overall policy.
- Office of Cannabis Management (OCM): The OCM manages the day-to-day operations of the cannabis program, issues licenses, and enforces the rules established by the CCB.
Licensing and Business
The New York licensing framework includes a variety of license types designed to support small businesses and promote diversity.
License Type | Description |
|---|---|
Cultivator | Grows cannabis plants |
Processor | Converts raw cannabis into products (e.g., edibles, concentrates) |
Distributor | Transports and sells cannabis products from processors to dispensaries |
Retail Dispensary | Sells cannabis products directly to consumers |
Microbusiness | Vertically integrated operation with size limits on cultivation and processing |
For new applicants, the OCM requires a detailed business plan to ensure compliance. The application window dates will be announced by the OCM. To prepare for the application process, prospective business owners should attend informational sessions.
Medical Cannabis Program
The existing Medical Cannabis Program continues to operate under the OCM. Registered patients can purchase approved products from licensed medical dispensaries.
- Eligibility: Determined by a certifying health care provider for specific medical conditions.
- Products: Currently include concentrates, oils, capsules, and some forms of flower.