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New York cannabis law

Key points
Legal status
Illegal
Possession limits
Medical patients 1 month’s supply Amount determined by physician
Recreational users 1.5 oz flower Can have up to 5 oz in home
State taxes
Medical patients 6.35%
Recreational users 20% Varies according to municipality
Cultivation
Medical patients 6 plants Max 3 mature
Recreational users 6 plants Max 3 mature
Cultivation is legal
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Concise guide to New York's medical marijuana laws

Qualifying conditions

  • Acute pain management
  • Amyotrophic Lateral Sclerosis (ALS)
  • Cancer
  • Chronic pain
  • Epilepsy
  • HIV/AIDS
  • Huntington’s Disease
  • Inflammatory bowel disease
  • Parkinson’s Disease
  • Post-Traumatic Stress Disorder
  • Multiple Sclerosis
  • Neuropathies
  • Opioid substitution
  • Spinal cord damage
  • Any other condition that the practitioner believes can be treated with medical cannabis

Patient Possession Limits

Patients may purchase up to a 60-day supply of cannabis products.

Home Cultication

Qualified patients are able to home-cultivate up to six plants (only three mature) per private residence. Plants may be cultivated either indoor or outdoor, but they must be grown in an enclosed space that is not visible to the public. Patients may possess a total of up to five pounds of cannabis from their harvest.

State-licensed dispensaries allowed

Yes.

Caregivers

Yes, each certified patient may have up to five caregivers.

Estimated Number Of Registered Patients

114,483

Source: New York State Department of Health, as of May 2024

Employment Protections For Qualifying Patients

Yes

Details

 

Reciprocity

No

Apply for your medical cannabis card in New York

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Detailed overview of New York medical marijuana regulations

Possession limits for medical cannabis patients in New York

Understanding the permissible possession limits for medical cannabis patients in New York is crucial for responsible use and compliance with state regulations. As of now, patients certified for medical cannabis can possess up to a 60-day supply of approved products, determined by their healthcare provider. This ensures that patients have an adequate supply to manage their medical conditions while adhering to legal limits.

Medical cannabis products available in New York include:

  • Vape cartridge/pen
  • Capsule/tablets
  • Tincture
  • Oral spray
  • Oral powder
  • Lozenges
  • Metered ground plant preparation for vaporization
  • Whole flower cannabis for vaporization
  • Transdermal patches

Moreover, seeds and immature plants for home cultivation are also available for sale to certified patients or their designated caregivers at some registered organizations dispensing locations. 

It’s important to note that possession limits may vary based on the specific needs and treatment plans determined by the healthcare provider during the certification process. 

Cultivation and responsible use of medical cannabis in New York

As of October 5, 2022, certified patients and designated caregivers aged 21 or older, registered with the Medical Cannabis Program, have the option to cultivate cannabis at home for personal use in New York.

Here are the key details:

  • Certified patients can designate only one caregiver to grow cannabis on their behalf.
  • Cultivation is limited to the private residence of the certified patient or designated caregiver. This can include owned or rented residences but excludes locations like assisted living facilities or rehabilitation centers.
  • A certified patient is allowed to cultivate, harvest, and dry a maximum of 3 mature and 3 immature plants.
  • In a shared residence with two or more certified patients, the collective cultivation limit is capped at 6 mature female plants and 6 immature female plants for the entire household.

It’s imperative for patients and caregivers to adhere to these regulations to ensure responsible and legal use of medical cannabis in New York. Dr. Weedy supports and promotes compliance with these guidelines for the safety and well-being of our patients.

Caregiver responsibilities in New York

In New York, designated caregivers play a crucial role in assisting certified patients with the responsible use and management of medical cannabis. Here’s a comprehensive overview of caregiver responsibilities and regulations:

Key points for designated caregivers:

  • Designation limit: A certified patient can designate up to five (5) individuals as caregivers, including facilities and facility employees as designated caregiver facilities.
  • Patient limit: Designated caregivers are authorized to serve up to four (4) certified patients.
  • Flexible addition: Caregivers may be added at any time after the approving provider completes the patient’s state registration.
  • Registration process: Caregivers must register with the Medical Cannabis Data Management System (MCDMS) through their personal my.ny.gov account.
  • Patient-Caregiver connection: Patients must designate the caregiver on their registration via their personal my.ny.gov account before the caregiver can complete the registration process.
  • Changes in personal info: Any change in the caregiver’s name or address must be reported to the Medical Cannabis Program within 10 business days.

Designated caregivers with a valid registry ID are authorized to assist the patient with the possession, acquisition, delivery, transfer, transportation, and/or administration of approved medical cannabis.

Key points for facility caregiver:

  • Facilities, such as hospitals, mental health facilities, and schools, may apply to become an Office of Cannabis Management (OCM) approved designated caregiver facility. These facilities can assist one or more certified patients with the acquisition, possession, delivery, transportation, or administration of medical cannabis.
  • Designated Caregiver Facilities are recognized as specific types of healthcare and educational institutions, ensuring a controlled and responsible environment for the administration of medical cannabis.

Medical marijuana reciprocity and access for non-residents in New York

Navigating the rules for non-residents looking to access medical cannabis in New York involves understanding two key aspects:

1)    Using Out-of-State Medical Cannabis ID in New York State

Only certified patients holding a New York State registry identification card are eligible to purchase approved medical cannabis products in the state.

2)    Recognition of New York Medical Marijuana Cards in Other States and Territories

While New York doesn’t extend reciprocity to out-of-state medical marijuana cards, the following states and territories recognize a New York medical marijuana card, providing an opportunity for New Yorkers to access medical cannabis when traveling:

  • Arizona
  • Arkansas* 
  • Hawaii* 
  • Louisiana
  • Maine
  • Michigan (at the dispensary’s discretion)
  • Nevada
  • New Hampshire
  • New Jersey*
  • New Mexico
  • Oklahoma*
  • Puerto Rico
  • Rhode Island
  • U.S. Virgin Islands*
  • Utah* (up to two 21-day periods in a calendar year)
  • Washington, D.C.

*Visitors must complete a visiting patient application with the state program.

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