Love him or hate him (and most New Yorkers tend toward the latter), Andrew Cuomo has delivered on at least one of his campaign promises: Recreational cannabis is now legal in the state of New York. However, New York’s roll-out of cannabis laws is a bit different from other states. Unlike California, which legalized consumption, cultivation and sales in one fell swoop, New York has a slower, steadier release of regulations — which has many New Yorkers confused about what they can and cannot do when it comes to weed.
Here’s a quick and easy guide to New York’s current and future cannabis laws, so you can partake legally and responsibly:
Adults Can Possess and Consume Cannabis
As of this writing — April 2021 — adults aged 21 and over are allowed to possess up to three ounces of dried cannabis flower or 24 grams of concentrated cannabis, which can take the form of oils, extracts or concentrates. With that amount of flower, users could roll between 100 and 250 joints, depending on how fat one packs the papers. These possession limits are a bit higher than other states’, but besides that, this kind of regulation isn’t uncommon.
What is uncommon is where New York allows qualified adults to consume. Most states restrict consumption to private property, out of public view, given landowner permission. This is much more restrictive than it sounds; it means that users cannot partake outside unless their yards are fully enclosed, that renters need to seek landlord approval before consuming in their homes and that travelers and tourists need to find special 420-friendly accommodations if they want to take advantage of local cannabis laws.
In contrast, New York’s cannabis law allows users to consume anywhere that smoking tobacco is permitted, with the exception of schools, workplaces and cars. While users can still light up in their homes, they can also smoke weed on their stoops or balconies, as long as they have landlord or HOA/co-op approval. Though tobacco is not allowed in city parks, adults can get high on city sidewalks, parking lots and street medians as well as on restaurant and bar patios that allow the practice. In effect, toking in public is absolutely acceptable.
Regulations for Cannabis Sales Come Later
To many, New York’s cannabis regulations seem too good to be true — until they learn about the major drawback. As yet, New York has not legalized recreational cannabis sales, which means there is no way for adults (without medical marijuana cards) to buy cannabis products legally within the state. So how is one supposed to acquire recreational cannabis goodies? There are three options, some of which admittedly more legal than others:
Wait a year. New York’s law allows for the development of a regulatory framework for cannabis retail stores, but that development takes time. Over the next 18 months, the state government will create the Cannabis Control Board and the Office of Cannabis Management, which will be in charge of writing regulations and licensing dispensaries. By the end of 2022, there should be dispensaries in operation around New York.
Travel. New Jersey and Massachusetts are New York’s next-door neighbors, and both states have legalized recreational cannabis — replete with operational dispensaries. New Yorkers can take a day trip to a Massachusetts dispensary to buy weed and bring the bud back over the border. However, there is some risk associated with this option because interstate travel and commerce is the domain of the Federal Government, for whom cannabis remains expressly illegal in all forms.
Grow your own. New York does allow adults 21 and up to cultivate a small cannabis crop at home. The law states that adults can keep up to six cannabis plants, three mature and three immature, with no more than 12 crops in the same residence. Growers who produce more than they can partake are welcome to gift small amounts of weed to friends and family without penalty.
New York’s cannabis laws aren’t perfect — but in honesty, no cannabis laws currently are. Still, knowing the law will help New Yorkers find even more enjoyment in their new weed freedom.
