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Is Cannabis Legal in New York?

New York Cannabis Legality

Starting a business — especially in a high-risk industry like cannabis — can be a drawn out process. Before you make plans to open a cannabis company in New York, it’s crucial to understand the state’s laws.

The Legal Status of Cannabis in New York

Recreational and medical cannabis are both legal in the state of New York. While medical cannabis has been legal since 2014, recreational use became legal in 2021. New Yorkers aged 21 or older can purchase and possess up to 3 ounces of cannabis flower and up to 24 grams of cannabis concentrate.

If you possess more than the allotted amounts, you’re subject to certain penalties. New York also outlines laws that prohibit individuals from selling, trafficking, and cultivating specific amounts of cannabis. There are some penalties pertaining to hash and concentrate and paraphernalia as well.

Is Medical Cannabis Legal in New York?

Yes, New York has legalized medical cannabis. To obtain a medical cannabis card, you must be 18 years old or older or have a caregiver apply for you. Any patient with the proper identification can purchase medical cannabis from a licensed dispensary and hold up to a 60-day supply per doctor approval.

Is Cannabis Decriminalized in New York?

Cannabis is legal for medical and recreational use in New York and therefore decriminalized. This term refers to reducing the criminal offenses associated with cannabis possession.

Can You Grow Cannabis in New York?

The cultivation of cannabis is legal for commercial use in New York. As of July 2022, the state plans to legalize personal cultivation in the future. Then, home growers will be able to legally cultivate recreational cannabis at some point.

Harris Bricken Can Help You Navigate Cannabis Laws

Opening a cannabis business in New York requires extensive knowledge of the state’s ever-changing laws and rules. An expert law team will help you keep track of the legal side of your business so it can thrive. Harris Bricken can offer expert legal counsel on cannabis laws in New York. Get in touch with us today to pursue the next steps.

Can You Grow Cannabis in New York?

The cultivation of cannabis is legal for commercial use in New York. As of July 2022, the state plans to legalize personal cultivation in the future. Then, home growers will be able to legally cultivate recreational cannabis at some point.

Personal Cannabis Growth

The qualifications you must meet to legally grow cannabis for personal medical or recreational use when it becomes permitted in the state include the following:

  • Must be 21 years old or older
  • Can grow up to six plants individually with a maximum of 12 plants per household
  • Shouldn’t exceed an even split of immature and mature plants
  • Must keep all plants in a secure location away from people under 21
  • Can’t sell any cannabis grown for personal use

Commercial Cannabis Growth

If you plan to cultivate cannabis for commercial purposes, you need to obtain the proper licensing. Since recreational use of cannabis was only made legal in New York in 2021, the laws surrounding dispensaries are still developing and changing. It helps to partner with the knowledgeable team of Harris Bricken lawyers to ensure you’re navigating the process correctly.

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Is CBD Oil Legal in New York?

Yes, cannabidiol (CBD) products are legal in New York, so long as they contain less than 0.3% tetrahydrocannabinol (THC) and are derived from hemp.

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