Is Marijuana Legal? — Answering 5 Questions About New York State’s Marijuana Laws in 2021

May 11, 2021
ny marijuana legalization

As the use of marijuana increases throughout the nation, many who use the recreational drug in New York have been left in limbo regarding the recent marijuana legalization in NY. Though it’s been a long time coming, March 31 finally saw it become the 15th state to legalize recreational marijuana.

Yes, that’s right: You can now smoke marijuana freely in public without fear of being arrested or fined. At least, for the most part.

Of course, the law isn’t as simple as “Smoke whenever you’d like, wherever you’d like.” There are still a few considerations marijuana users should keep in mind if they hope to continue enjoying the cannabis plant without accidentally breaking regulations.

Fortunately, we have some answers to your burning questions. Stick around as we cover what the NY marijuana legalization could mean for you moving forward.

 

1.  Where Can I Legally Smoke Marijuana?

First and foremost, it’s important to note that the amount of marijuana you carry at any given time is restricted to only three ounces: which could count as 50 to 75 joints. As long as you don’t have anything over this limit, you can smoke your marijuana anywhere that also allows cigarette smoking.

As always, smoking is only permitted for those aged 21 and older.

Still, there are some obvious places where NY marijuana legalization won’t save you from being fined — or yelled at, at the very least. Some of the places you’ll want to avoid smoking include:

  • Public or private parks, pools and beaches.
  • School zones.
  • Ferries, the subway and other public transportation.
  • Public housing grounds and units.

Other than that, you can safely enjoy the cannabis plant at safe zones, including sidewalks, cars, streets and homes (if the landlord permits smoking).

2.  What Does the Law Say About Buying and Selling Marijuana?

The process of distributing marijuana remains a hot topic surrounding the legalization of marijuana in the U.S. — not only in New York. So, what does the state have to say about purchasing the drug? Take a look at some of its guidelines below.

  • Purchasing: Currently, New York residents can only purchase weed if they have a prescription. That being said, purchasing anything under three ounces without a prescription generally comes with no penalty, though it’s still considered illegal.

Beware: This doesn’t mean you can buy weed from another state and bring it into New York. This counts as a violation of federal law and could land you in prison for five years with a fine of up to $250,000.

For now, casual users will simply need to wait until state regulators write rules allowing recreational use.

  • Selling: Since recreational use still isn’t approved, sellers of the drug will need to have an official license allowing distribution. Doing so without one is considered another violation of the law — one that tends to have heftier punishments for sellers than it does buyers.

So, unless you’re one of the few licensed medical marijuana companies or dispensaries operating in New York, it’s best to wait until new guidelines are written to protect individual sellers. Of course, you can always apply to receive a license from the state if you’d like to get started sooner.

3.  I Have Prior Charges Related to Marijuana Use. Can These Now Be Dismissed?

New York’s marijuana legalization means that upwards of 100 thousand people can have their charges removed from their records. Unfortunately, this large volume of cases also means that it could take a while for yours to be dropped, with some spokespeople for the Office of Court Administration estimating a wait of up to two years.

For now, there’s not much else to do than wait until a formal mechanism is put in place to expedite this process. At the very least, most district attorneys in New York have pledged to stop prosecuting low-level marijuana-related offenses.

4.  Am I Allowed to Grow My Own Marijuana Supply?

Surprisingly, NY’s 2021 marijuana laws detail quite a few guidelines regarding at-home marijuana cultivation. The regulations go as follows:

  • For Medical Marijuana Patients: Starting six months after the law’s official passing, you can begin growing up to six marijuana plants (three seedlings and three mature) in your household. If you live with another adult, this number jumps to 12.
  • For Everyone Else: Expect a long wait, as you won’t be allowed to grow your own marijuana until 18 months after the first adult-use dispensary finally launches. Afterward, the same limits listed above will apply to you.

Keep in mind that the law still has to be fine-tuned a bit regarding the sale of any plants you’ve grown yourself. To avoid possible legal backlash, your best bet is to wait until restrictions are more detailed.

5.  I Am A Medical Marijuana Patient. Where Can I Purchase My Marijuana?

Thirty-eight dispensaries and ten medical marijuana companies currently operate in New York City. As a medical marijuana patient, you can visit any one of these to purchase a limited variety of cannabis goods, including chewable gummies, capsules, vaporizers, powders, oils, ointments and more. Fortunately, NY’s new 2021 marijuana laws will allow distributors to increase their offerings, with items like dried buds and edibles now approved for sale.

If you’re wondering how to classify as a medical marijuana patient, the first step is to visit a doctor. Currently, the medical conditions that allow marijuana as treatment include:

  • Chronic pain
  • Anxiety and insomnia
  • Cancer
  • HIV/AIDS
  • Alzheimer’s disease
  • Muscular dystrophy

Once your doctor diagnoses you with one of these conditions, you’ll need to visit my.ny.gov to register with the state’s medical marijuana program. After registering, your doctor can grant you a prescription.

Conclusion

The legalization of marijuana in the U.S. remains a long, often confusing process. Still, the progress witnessed with New York’s marijuana laws in 2021 proves that recreational use of the drug is on the horizon. Until then, keep an eye on any changes in legislation to prevent yourself from being fined — or worse.

If you’re hoping to enjoy cannabis’ health benefits while you wait, be sure to check out our variety of THC-free CBD products offered on our online store.

 

References:

https://nymag.com/intelligencer/2021/04/new-york-has-legalized-weed-heres-what-you-should-know.html

https://www.governor.ny.gov/news/governor-cuomo-signs-legislation-legalizing-adult-use-cannabis

https://www.thenewshouse.com/off-campus/marijuana-is-legal-in-new-york-state-heres-what-that-means-for-you/

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