Here are the most common New York Cannabis FAQs we see across our New York community. This FAQ section is updated regularly, so if you’ve got a question we missed, please let us know.
As of March 31st, 2021, cannabis for adults 21 and older are legal. New York also has a medical cannabis program. It’s going to take some time before retail cannabis dispensaries open across the state of course.
The Medical Marijuana Program is currently run by the New York Department of Health. There were some excellent improvements included in the MRTA Bill S854A that was signed into law in March 2021, but for now, until the Office of Cannabis Management becomes fully functioning, everyone must follow the current regulations for the program. Check back often with the program for changes.
Currently, the qualifying conditions to be eligible for medical marijuana are as follows:
Patients must also have one of the following associated or complicating conditions:
Once the new law takes effect for the medical program, the patient’s qualifying medical provider will be allowed to decide if the patient will benefit from medical cannabis instead of being held back by the former list. The certifying providers must be New York State approved.
Once you have your certification and register with the state, you will get a temporary printable card immediately. Your permanent card will be mailed to you.
No, not at this time.
Unfortunately no. New York does not require insurance or Medicaid to cover the cost of medical cannabis.
Yes and no!
New York state has legalized adult-use cannabis including home cultivation. The Marijuana Regulation and Taxation Act ( MRTA Bill S854A ) was signed into law in March 2021, but for now, until the Office of Cannabis Management becomes fully functioning, adults must wait to grow. The estimate given in legislation is 18 months wait for adults and 6 months for registered medical patients. Regulations have yet to be written on many of the details. What we do know is that adults 21 and over may grow 3 immature plants and 3 mature plants each. The maximum number of plants per household is 6 mature and 6 immature plants. The amount of cannabis that can be stored in a secure location of your home is up to 5 lbs. The possession amount for cannabis elsewhere is 3 ounces or less which is now current law. No county, town, city or village may completely prohibit home cultivation.
As of March 31, 2021, cannabis consumption for adults over 21 is legal. You make smoke, “vape”, cannabis in public except where tobacco smoking is prohibited. Private property owners may prohibit cannabis and prohibited on school properties as well as in or near school buses. New York does have the opportunity to issue consumption lounge licenses.
It’s legal to possess up to 3 ounces of cannabis and up to 24 grams of concentrate. You may possess up to 5 lbs of cannabis in a private residence. It is now legal to “gift” cannabis to an adult over 21 in New York but not to sell unlicensed. Although New York is now legalized, it’s going to take a while before retail dispensaries are open to the public.
( research note not for website) See MRTA Article 222 pg 86
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