Is recreational marijuana legal in New York? Yes. Recently, important changes
to New York Law have occurred that allow for legal possession and use
of recreational marijuana in New York for people over 21 and up to 3 ounces
in public. Additionally, prior New York marijuana convictions will be
automatically expunged.
The Marijuana Regulation and Taxation Act (S854A/A1248A)
● Allows the use of cannabis by adults over the age of 21
● Automatically expunges records for prior criminalization
● Addresses collateral consequences in fields of immigration, housing,
employment, child welfare, and other consequences of criminalization
● Creates equity programs providing loans, grants, and incubator programs to
ensure broad opportunities for participation in the new legal industry
by people from disproportionately impacted communities as well as by small
farmers, with a goal of 50% of licenses going to equity applicants
● Dedicates 40% of tax revenue from marijuana sales to reinvestment in
communities disproportionately impacted by the drug war, with another
40% to schools and public education, and 20% to drug treatment, prevention
and education
Anyone 21 years of age or older can:
● Possess up to 3oz cannabis inside or outside of home (PL § 222.05)
○ In the future, will be able to possess up to 5lbs in home (PL §
222.15(5) & (9))
○ Can possess higher amounts if prescribed by a doctor (CAN § 42)
● Smoke cannabis where one could otherwise smoke a cigarette (PL §
222.10(1))
● Give lawful amounts of marijuana to other people 21 and over as long as no
compensation is exchanged
Immigration consequences of prior marijuana convictions.
If you have been previously convicted of a marijuana offense and this conviction
is causing current immigration problems, there may be new steps that can
be taken to remedy this.
For people facing immigration consequences, the law provides for vacatur
upon application; this is necessary because automatic expungement is not
enough to provide relief in immigration cases
● Must submit a motion pursuant to CPL § 440.10(1)(k)
Because marijuana remains a controlled substance under federal law, people
with immigration concerns need to understand that there continue to be
risks when disclosing marijuana-related activity to immigration officers
Cars
Although possessing and using recreational marijuana is legal, there are
certain limitations. You can't drive under the influence of marijuana
(drive while high) and occupants of your car can't use marijuana.