- Decriminalization
- Drugged Driving
- Expungement
- Legalization
- Mandatory Minimum Sentence
- Medical Marijuana
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
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| Less than 3 oz | No penalty | None | $ 0 |
| 3 - 16 oz | Violation | None | $ 150 |
| 16 oz - 5 lb | Misdemeanor | 1 year | $ 1,000 |
| 5 - 10 lbs | Felony | 4 years | $ 5,000 |
| More than 10 lbs | Felony | 7 years | $ 10,000 |
Sale |
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| Without compensation, up to 3 oz of marijuana or 24 g of concentrate | None | None | $ 0 |
| 3 oz or less | Violation | None | $ 250 |
| 3 - 16 oz | Misdemeanor | 1 year | $ 1,000 |
| 1 - 5 lbs | Felony | 4 years | $ 5,000 |
| More than 5 lb | Felony | 7 years | $ 10,000 |
| Using a child to assist | Felony | 4 years | $ 5,000 |
| To a minor | Misdemeanor | 1 year | $ 1,000 |
Cultivation |
|||
| 6 plants (3 mature)* | No penalty | None | $ 0 |
| More than 6 plants* | Misdemeanor | 1 year | $ 1,000 |
| Cultivating marijuana is also possessing marijuana under current case law. See penalty details section below. | |||
| *Not yet in effect, see penalty details for more information | |||
Hash & Concentrates |
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| Possession of less than 24 g | No penalty | None | $ 0 |
| Possession of 24 g - 5 oz | Violation | None | $ 150 |
| Possession of 5 oz - 2 lbs | Misdemeanor | 1 year | $ 1,000 |
| Possession of 2 - 4 lbs | Felony | 4 years | $ 5,000 |
| Possession of over 4 lbs | Felony | 7 years | $ 5,000 |
| Sale of under 24 g | Violation | None | $ 250 |
| Sale of over 24 g | Misdemeanor | 1 year | $ 1,000 |
Civil Asset Forfeiture |
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| Property can be seized if convicted of a felony. | |||
Miscellaneous |
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| Mandatory driver's license suspension of 6 months for youthful offenders. | |||
| Updated May 12, 2023 | |||
Penalty Details
Marijuana and its synthetic “equivalents” are considered Schedule I hallucinogenic substances under New York Public Health Law. Synthetic equivalents include resinous extracts and derivatives with similar chemical properties.
- New York Pub. Health §3306(d)(13)
- New York Pub. Health §3306(d)(21)
Possession for Personal Use
* 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. 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. Use of cannabis in public may be subject to civil penalties.
Possession of marijuana in excess of 3 ounces, up to 16 ounces is a violation and is punishable by a fine not to exceed $150. Possession of marijuana in excess of 1 pound – 5 pounds is a misdemeanor and is punishable by no more than 1 year of imprisonment and a fine not to exceed $1,000. Possession of marijuana in excess of 5 pounds – 10 pounds is a felony and is punishable by no more than 4 years of imprisonment and a fine not to exceed $5,000. Possession of marijuana in excess of 10 pounds is a felony and is punishable by no more than 7 years of imprisonment and a fine not to exceed $5,000.
- New York Pen. Code §222.05
- New York Pen. Code §221
- New York Pen. Code §70
- New York Pen. Code §80
Public Consumption
Public consumption of marijuana through smoking or vaping will be handled as a violation of New York’s tobacco control laws.
- New York Pub Health Sec.1399-n
Sale
Without compensation, exchange of up to 3 ounces of marijuana or 24 grams of concentrate carries no penalty, no imprisonment, and no fine.
Sale of marijuana in any amount to a person under 18 years of age is a class D felony and is punishable by up to 7 years of imprisonment and a fine not to exceed $5,000.
Sale of marijuana in an amount 3 ounces or less is a violation, punishable by a fine up to $250. Sale of between 3 ounces and one pound is a class A misdemeanor and is punishable by no more than 1 year of imprisonment and a fine not to exceed $1,000. Sale of marijuana in an amount between 1 pound and 5 pounds is a class E felony and is punishable by up to 4 years of imprisonment and a fine not to exceed $5,000. Sale of marijuana in an amount greater than 5 pounds is a felony and is punishable by up to 7 years of imprisonment and a fine not to exceed $5,000. Sale of over 100 pounds of marijuana is a felony punishable by 15 years of imprisonment and a fine of up to $15,000.
Using a child to assist in the sale of marijuana is a class E felony and is punishable by no more than 4 years of imprisonment and a fine not to exceed $5,000. This offense includes hiding marijuana on a child or otherwise directing a child to assist in a marijuana sale.
- New York Pen. Code §70
- New York Pen. Code §80
- New York Pen. Code §220.28
- New York Pen. Code §221
Cultivation
* On March 31, Governor Andrew Cuomo signed The Marijuana Regulation and Taxation Act (MRTA) into law. Provisions 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) take effect 18 months following the initiation of retail sales (approximately June 2024).
Growing over 6 (12 per household) cannabis plants is a class A misdemeanor and is punishable by up to 1 year of imprisonment and/or a fine of up to $1000.
*A person who cultivates marijuana in excess of 3 ounces of marijuana is also “possessing” marijuana under current case law. Parmeter v. Feinberg affirms the state’s ability to charge a person with the crime of “cultivation” and “possession” any time a person is caught growing marijuana. This means the more marijuana that a person cultivates the more severe the degree of possession that the state can charge.”
Hash & Concentrates
* 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 24 grams of concentrates for those ages 21 and older took immediate effect.
The term ‘Marihuana’ as used in the New York Criminal code is defined as including both plant-form Marihuana and Concentrated Cannabis. Marihuana is listed as a Schedule 1 drug on the New York Controlled Substances Schedule. Concentrated Cannabis is defined as the separated resin of the Cannabis plant, whether purified or raw, or any mixture or preparation containing at least 2.5% THC. Unlike most other states, New York uses the term Tetrahydrocannabinols exclusively to refer to synthetic cannabinoids, not Concentrates. New York does not apply its Marihuana decriminalization law to Concentrated Cannabis. There is no explicit justification for this in the statute, but specific penalties for offenses involving Concentrated Cannabis are separated from those involving plant-form Marihuana and the distinction is noted in caselaw.
Possession of up to 24 grams of concentrated cannabis is legal in New York.
Possession of more than 24 grams but less than 5 ounces of concentrated cannabis is a violation, punishable by a fine up to $150.
Possession of 5 ounces to 2 pounds of concentrated cannabis is a misdemeanor and punishable by imprisonment of 1 year and a fine of no more than $1,000. Possession of 2 – 4 pounds of Concentrated Cannabis is a felony, punishable by up to 4 years imprisonment and a fine of no more than $5,000. Possession of over 4 pounds of concentrated cannabis is a felony punishable by up to 7 years imprisonment and a fine of up to $5,000.
The presence of any controlled substance in an automobile creates a presumption of knowing possession for all occupants of the vehicle. This principle does not apply if the controlled substance is on the person of one of the passengers and the substance is hidden from the view of other passengers.
The presence of Marihuana (including Concentrated Cannabis) in open view in a room, other than a public place, under circumstances that evince an intent to manufacture, package, or otherwise prepare the Marihuana for sale gives rise to a presumption of knowing possession for all those in close proximity to the Marihuana at the time it is found.
- New York Pen. Code §220.25
Sale of under 24 grams of Concentrated Cannabis is a violation, punishable by a fine up to $250. Sale of more than 24 grams is a misdemeanor punishable by up to 1 year imprisonment and a fine up to $1,000.
- New York Pen. Code §222.45
- New York Pen. Code §222.50
Sale of any amount of Concentrated Cannabis on a school bus, on the grounds of a child day care or educational facility, or in a publicly accessible area within 1000 feet of the real property line of such a facility is a class B Felony subject to no more than 25 years imprisonment and a fine not to exceed $30,000.
- New York Pen. Code §220.44
Sale of any amount of Concentrated Cannabis by a person 21 years old or more to a person 17 years old or younger is a class B Felony subject to no more than 25 years imprisonment and a fine not to exceed $30,000.
- New York Pen. Code §220.48
Paraphernalia
Possession of marijuana paraphernalia is legal.
- New York Pen. Code §220.05
Forfeiture
If convicted of a felony offense the following may be forfeited, unless the forfeiture would be disproportionate from what the defendant gained from the offense: the proceeds from the offense, instruments used in the offense (including a car).
- New York Pen. Code §480.05
Miscellaneous
Mandatory suspension for a period of six months where the holder is convicted of, or receives a youthful offender or other juvenile adjudication in connection with any crime in violation of the Federal Controlled Substances Act.
- New York Pen. Code § 510(2)(b)(v)
Last Updated May 12, 2023
More Information
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
EXPUNGEMENT
This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have past marijuana convictions expunged, vacated, otherwise set aside, or sealed from public view.
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
Mandatory Minimum Sentence
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.
Medical Marijuana
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.