SUMMARY: On March 31, Governor Andrew Cuomo signed The Marijuana Regulation and Taxation Act (MRTA) into law. Provisions in the law legalizing the personal possession of up to three ounces of cannabis flower and/or up to 24 grams of concentrates for those ages 21 and older took immediate effect. Separate provisions establishing regulations for the licensing of commercial cannabis production and retail sales, as well as for permitting the home-cultivation of up to six cannabis plants per person (3 mature and 3 immature) and/or up to 12 plants per household (6 mature/6 immature), will take effect in 2022. The new law also establishes procedures for the automatic review and expungement of the criminal records of those with low-level cannabis convictions. Under the law, the smell of marijuana alone is no longer probable cause for a search by law enforcement.
Separate provisions in the law permit for the licensing of delivery services and social consumption facilities. Localities that do not wish to regulate marijuana establishments can choose not to permit them.