How we deal with marijuana has significantly changed over the last decade. From being dubbed as a face of evil, the drug has undergone a tremendous transformation. Now, public support for cannabis continues to balloon, with dozens of states and countries voting in favor of legal marijuana use.
Given these significant changes, it’s normal to wonder where New York currently stands on the marijuana poll. Is cannabis now legal in the state or is it among those whose traditional perceptions of the drug remain mostly intact?
Here, we have prepared a comprehensive guide that will take you through the ins and outs of New York’s current marijuana landscape. Whether you’re an enthusiast or not, knowing about these laws will surely help you how to deal with cannabis during your whole stay in the Empire State.
Read on.
Cannabis in New York: Knowing the Line
Nearly every day, researchers are discovering something incredible about cannabis. However, how states and countries deal with these discoveries vary greatly. While some are quick to embrace and maximize the potentials of the drug, others are moving temperately with cautions, while some sluggishly.
In the case of New York, the state is somewhere between the first and the second. While it hasn’t joined the ranks of states who have gone all-out in declaring cannabis legal for recreational and medical purposes, the state does have a few laws that are in favor of the drug.
Specifically, to date, cannabis remains illegal for recreational use in the Empire State. However, the use of the substance for medical purposes is permitted. Along with this, possession of small amounts of cannabis has also been decriminalized.
To put it simply, New York has legalized medical marijuana, but recreational cannabis use remains illegal there. However, the state did decriminalize possession of small amounts of the drug.
With the presence of these laws, it’s safe to say that although New York hasn’t approved the recreational use of cannabis, it does have its fair share on marijuana advancements.
Medical Cannabis in New York: Here’s Everything You Need to Know
As mentioned earlier, medical cannabis is legal in New York. This means that patients who are suffering from specified serious conditions can purchase cannabis for medical uses.
Specifically, the law took effect in 2014, when New York City Gov. Andrew Cuomo signed the Compassionate Care Act, which allows doctors to prescribe marijuana in a non-smokable form to patients suffering from serious ailments.
The signing made New York the 23rd state to legalize medical marijuana in some form.
Under the program, patients must first be certified by their physicians and possess a registration identification card before they can purchase medical cannabis products.
Meanwhile, practitioners must complete a New York State Department of Health (Department) approved course and register with the Department to certify patients. They are also required to consult the New York State Prescription Monitoring Program Registry first before issuing a certification for medical marijuana.
What Conditions Make Someone Eligible for Medical Marijuana in N.Y.?
To date, under New York’s laws, patients are eligible to apply for the state’s medical-marijuana program if they happen to be suffering from any of the conditions below:
Amyotrophic Lateral Sclerosis (ALS)
Cancer
Chronic Inflammatory Demyelinating Polyneuropathy
Chron’s disease
Chronic pain
Epilepsy
HIV or AIDS
Huntington's disease
Inflammatory bowel disease
Multiple Sclerosis
Neuropathy
Parkinson's disease
Post-traumatic stress disorder
Spinal cord injury with spasticity
Ulcerative Colitis
In addition, patients suffering from a severe debilitating or life-threatening condition or any of the following conditions must also be suffering from one or more of the following associated or complicating conditions:
Cachexia or Wasting Syndrome
Severe or Chronic Pain
Severe Nausea
Seizures
Severe or persistent Muscle Spasms
Opioid use disorder
How to Register in the Medical Marijuana Program?
Aside from being diagnosed with any of the conditions provided above, the laws also require that patients must be at least 18 years of age to apply. In case the patient is under the specified age, an Approved Caregiver must be designated and register on behalf of the patient.
In addition, patients must also be residents of New York State and provide proof that they are indeed one.
Once they satisfy all these criteria, they can apply for the medical marijuana program of the state.
To do so, the first step is to consult a qualified practitioner. If the practitioner approves medical marijuana use, he/she will provide the patient with a certification for medical marijuana.
After that, the patient will then be allowed to register to the Medical Marijuana program via the Department's online Patient Registration System. The application fee is currently at $50.00 for all patients and designated caregivers.
Once the application has been approved, the government will then issue a Temporary Registry Identification Card, which the patient can use, along with a government-issued ID, to purchase approved Medical Marijuana products.
Medical Marijuana Identification Cards will later be mailed to the address of the patient.
You may find more details about New York’s Medical Marijuana Program by visiting this link: Information for Patients.
Recreational Cannabis in New York: Here’s Everything You Need to Know
As stated earlier, recreational use of cannabis is illegal in New York. However, the state did decriminalize weed just recently, which marked a momentous turn of event, especially for cannabis enthusiasts living in the state.
To explain what this means, it’s important to distinguish first how legalization differs from decriminalization.
As the word suggests, the legalization of marijuana means all legal prohibitions against the act will be removed, with no fines, penalties, etc.
Meanwhile, if marijuana has been decriminalized in a state, this means using the drug will remain illegal, but the people who are to be caught possessing the drug with a certain amount will not face criminal penalties. Typically, this means that individuals won’t face jail time or criminal record. Instead, similar to a minor traffic violation, they’ll only be subjected to civil fines.
In the case of New York, marijuana has been decriminalized. Under the state’s law, possession of up to two ounces or less of marijuana in the State will be treated as a violation instead of a criminal offense.
The measure took effect in August of 2019, following a month since Gov. Andrew Cuomo signed it.
The law also expunged previous convictions for low-level marijuana possession.
In explaining his reason for signing the measure, Government Cuomo said at the time that laws governing marijuana have been disproportionately targeting communities of color. He also claimed that expunging records of individuals who have been unjustly convicted serves as “critical step forward” in the criminal justice process.
To date, individuals who are to be caught with up to 28 grams of marijuana in New York will be subjected to a $50 fine, while those with more than 28 grams will need to pay a maximum fine of $200.
Meanwhile, possession of cannabis between 2 to 8 ounces in the state will be classified as a Class A misdemeanour, which is punishable by no more than 1 year of imprisonment and a fine not exceeding $1,000.
If a person happens to be caught possessing more than 8 ounces of marijuana, he or she will be subjected to longer years of imprisonment, with the longest extending up to 15 years, and higher fines, with the highest at $15,000.
Is CBD Legal in New York?
With the current buzz CBD, or cannabidiol, is getting, it’s normal to find yourself curious as to whether it is legal in New York as well.
The short answer is, YES.
Thanks to the 2018 Farm Bill, the substance has been declared legal across the United States, which includes the State of New York.
This means that whether you’re a resident or a tourist, you are free to use CBD oil for recreational purposes. You may also buy the substance in N.Y., so long as you’ll be taking it as a dietary supplement rather than as a medical product.
To date, high-quality CBD oil can be easily accessed across the state, and you can get it even without a NY medical marijuana card.
The Bottom Line
Impressed about New York’s current marijuana landscape? Hip bars, museums, and buildings aside, the state’s promising cannabis laws are also among its main tourist points.
Sure, while the state appears to be lagging in the recreational front, the legalization of medical marijuana use and the decriminalization of cannabis suggests that N.Y. is somewhere on its way to advancing its relationship with the drug.