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Marijuana is Legal in New York

So, the news is out, Marijuana is legal! Well, as far as New York State is concerned. But what does that really mean. A lot of people think this means that they can do whatever they want, whenever they want, wherever they want with a Marijuana product. That statement could not be further from the truth. While possessing, using and selling Marijuana is no longer illegal in all quantities at all times, it is still a highly controlled substance. Not only is the group of people who are allowed to possess, use and sell this product controlled but so are the groups that manufacture the products, even people who grow product in their own home for private use are regulated. marijuana is legal in New York

In broad strokes, let’s take a quick snapshot of the change in legislation impacting New Yorkers.

The Good News:

Let’s start with the news everyone has been waiting for. The Marijuana Regulation and Taxation Act (MRTA) authorizes the lawful use of adult recreational cannabis and establishes the new laws surrounding this substance as well as the Cannabis Control Board and the Office of Cannabis Management and their respective powers and duties. As a quick summary, the new law allows adults, ages 21 and older, to smoke, ingest, consume, possess, display, purchase, obtain or transport up to a specific ounce limit and gram limit of cannabis products, also the law allows transfer, without compensation, to another adult, up to three ounces of cannabis or 24 grams of cannabis concentrate. Further, the law allows the use, display, purchase, obtainment, manufacture, transport or gifting of cannabis paraphernalia or concentrate cannabis paraphernalia to other adults 21 or over. There are, however, restrictions to this, of which a few are discussed below.

Possession and Use Limitations:

Possession and use are now, in broad strokes, legal. However, there are some rather important limitations to this statement. Fail to follow the limitations on possession of Marijuana and you might end up running afoul of the law. The most important limitations are the quantity limitations. The first and most important limitation is the limitation on how much product an individual may possess at any one time. An adult, over the age of 21 years, may possess no more than three ounces of cannabis at any one time or 24 grams of concentrate cannabis at any one time. People who choose to use Marijuana should be careful when using it around motor vehicles as it is illegal to use cannabis products inside a motor vehicle, even if the vehicle is parked.

If you are storing cannabis products in your home, then you are in luck. The law allows an adult to store up to five pounds of cannabis products in their home.

It is important to note that just because you are in possession of the correct amount of Marijuana does not mean that use of Marijuana is legally appropriate. For instance, it is illegal for a person under the age of 21 to use Marijuana anywhere in the state. Just as importantly, people should be aware that locality specific laws such as the Smoke Free Air laws do apply where appropriate to Cannabis products. As a result, it is illegal, in many cases, to smoke cannabis products inside restaurants and bars, within a certain distance of hospital entrances, in parks, beaches or pedestrian plazas and some other locations as well.

Cultivation and Sale Limitations:

We know it’s frustrating, however, it’s not only use and possession that is regulated, but also, sale and growth of the product that is regulated. Adults are only allowed to purchase cannabis products from licensed retailers. If this seems stifling to you should be happy to know that you aren’t the only one. However, the government has also regulated cultivation of cannabis for private use. For example, in New York City, adults are only allowed to grow three cannabis plants in their home. If more than one adult lives in the property then the property can cultivate 6 plants in total, three mature plants and three immature plants.


Cannabis legalization is not as simple as a blanket legalization for all to use the product as individuals see fit. Protect your rights and learn about your opportunities by contacting LoTempio P.C. Law Group’s experienced attorneys. Our attorneys can help walk you through the varied aspects of this complicated area of the law, from the legal process of getting your retailer’s license, to how to legally offer Marijuana to your guests at a party, LoTempio P.C. Law Group’s Lawyers are right there with you.

Contact Us

If you have further questions, we are here to assist you.

To contact LoTempio P.C. Law Group in Buffalo, NY by calling 716-855-3761 or in Taos, New Mexico at 575-221-9999 or by using our contact form.

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