New York THC Limits: Flower, Concentrates & Edibles
Published on 12/13/22
Because cannabis is not federally legal, there are no unified regulations for states to follow. This means any states that have legalized cannabis in certain capacities follow their own regulations and rules. Some of these rules, like possession and purchasing limits or qualifying medical cannabis conditions, differ from other states. If you live in or are planning to visit a state and consume cannabis, we highly recommend getting to know that state's laws for age, availability, and possession limits. If you live in or are planning to visit New York anytime soon, this article is for you.
Cannabis in New York
Let's get the big question out of the way first. "Is weed legal in New York?" The answer is yes - absolutely. In 2016, New York first legalized medical marijuana and founded a state medical cannabis program. Then, in 2021, the state legalized recreational weed. However, as of October 2022, there has yet to be a legal sale of recreational cannabis. It is taking the state of New York a little while to license stores and get the initial infrastructure in place. Fortunately, the newest projections indicate that adult-use cannabis will be available in New York by the end of 2022.
So, while you can't yet get recreational weed in New York, the laws are in place and will hopefully be set to use very soon. We will, throughout this article, discuss the laws surrounding recreational marijuana as it will be once available for purchase. To stay in the loop on New York recreational weed availability updates, check out our Where's Weed blog!
Medical Marijuana New York Laws
While we're still waiting for access to legal recreational cannabis, medical cannabis is very much available to individuals who have a medical marijuana card and are part of the state's program. To get a medical marijuana card, you must have a qualifying condition, be at least 18 years old, and receive a physician's official recommendation. Here is a list of all qualifying conditions that will get you approved for a medical marijuana card in New York:
- Acquired Immune Deficiency Syndrome (AIDS)
- Alzheimer's
- Amyotrophic Lateral Sclerosis (ALS)
- Autism
- Cancer
- Dystonia
- Epilepsy
- Human Immunodeficiency Virus (HIV)
- Huntington's Disease
- Inflammatory Bowel Disease
- Multiple Sclerosis
- Muscular Dystrophy
- Neuropathy
- Spinal Cord Injury with Spasticity
- Pain that Degrades Health and Functional Capacity (as an alternative to opioid use)
- Parkinson's Disease
- Post-Traumatic Stress Disorder (PTSD)
- Rheumatoid Arthritis
- Substance Use Disorder
In addition to this list, the state of New York also underlines that "any other condition, at the discretion of your health care provider," is eligible. So, while they provide a finite list of qualifying conditions, you could make a case with a medical professional for a myriad of other conditions to apply. If you are planning to pursue a medical marijuana card in New York, we highly recommend talking to a medical professional or looking for a service like Leafwell.
Additionally, while the qualification for getting your medical marijuana card in New York is to be at least 18 years old, minors may also qualify if they have the approval, registration, and medical supervision of a custodial parent or legal guardian. That legal guardian is legally allowed to purchase and pick up medical cannabis from dispensaries on behalf of the underage patient.
Other Important NY Marijuana Laws
Before we dive into the current purchase and possession limits in New York, here is a list of cannabis laws you have likely heard of before (almost every state shares them). These are the common sense laws that are always good to remember.
- It is illegal to smoke or consume cannabis in public.
- The possession or use of cannabis on any federal land is illegal (i.e., national parks, beaches, and forests).
- Underage possession is illegal.
- Driving under the influence of cannabis is illegal (and, like alcohol, is strictly enforced).
- Cannabis cannot be transported across state lines.
New York Marijuana Limit Laws
Now that we've covered the generic laws to which most states comply, here are the New York-specific laws that you need to be aware of, especially as recreational weed becomes easily accessible at the end of 2022.
Cannabis delivery is currently legal for medical marijuana users, and it will be available for recreational users once adult-use cannabis can be legally purchased from licensed dispensaries. Home cultivation is something New York will allow that many states do not. 18 months after the first recreational dispensary officially opens its doors, New York residents 21 or older will be able to grow up to six marijuana plants in their home (three mature plants and three immature plants at a time). Medical cannabis patients are currently permitted to grow up to six cannabis plants in their homes.
Possession limits in New York are more robust than in many other states. When it becomes available, adults 21 years or older can possess three ounces of marijuana (85 grams) and 24 grams of concentrated cannabis (like vapes, tinctures, and edibles). If you're found with more than three ounces of cannabis, you may face a misdemeanor charge with up to one year in prison and $1,000 in fines. Medical patients are allowed the wonderfully vague amount of 60 days worth of cannabis products.
Do you live in New York or visit often? Let us know how the NY marijuana laws affect you as a cannabis consumer and what you wish would change. Comment below!
