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Cannabis in New York

New York legalized medical cannabis in 2014 and expanded the program in 2017 to add post-traumatic stress disorder (PTSD) as a qualifying condition. In addition, the state decriminalized cannabis within certain possession limits in 2019.

In 2021, New York legalized adult-use cannabis through legislation when Gov. Andrew Cuomo signed the Marijuana Regulation and Taxation Act (MRTA). Sales are expected to start in late 2022 or 2023.

Overview of Key New York Cannabis Laws

Is medical cannabis allowed? Yes

Is adult-use cannabis allowed? Yes

Personal Laws

New York decriminalized cannabis under certain limits in 2019, and those limits were expanded in 2021 when adult-use cannabis was legalized. Individuals may possess up to 3 oz. (or 25 g of concentrated forms, like oils). In addition, smoking cannabis in public is allowed wherever smoking tobacco is allowed. However, local municipalities could change rules related to smoking cannabis in public.

Personal Possession

Overall Possession: up to 3 oz. (or 25 g of concentrated forms, like oils)

Registered Medical Marijuana Patient Possession: Up to a 60-day supply

Personal Growing

Individuals can grow up to six plants (three mature and three immature) in their homes under the state’s adult-use program, and up to 12 plants (six mature and six immature) per household.

Medical Cannabis Patient Qualification and Registry

Patients in New York must receive a certification from a registered healthcare practitioner and register in the state’s Medical Marijuana Data Management System. Each patient may select up to two caregivers.

Qualifying medical conditions include:

  • Cancer
  • HIV/AIDS
  • Amyotrophic lateral sclerosis (ALS)
  • Parkinson’s disease
  • Multiple sclerosis
  • Spinal cord injury
  • Epilepsy
  • Inflammatory bowel disease
  • Neuropathy
  • Huntington’s disease
  • Post-traumatic stress disorder
  • Chronic pain
  • Acute pain management
  • Opioid substitution
  • Any other condition that the practitioner believes can be treated with medical cannabis

Business Laws

For the medical cannabis market, vertical integration is required, which means an entity must hold multiple licenses across the New York supply chain (i.e., dispensary, manufacturer, and cultivator), referred to collectively as a Registered Organization License. Each Registered Organization License includes a production facility and four dispensary locations. Only 10 Registered Organization Licenses are allowed in the state, which means the totals allowed for the state are 10 production facilities and 40 dispensaries.

Rules for adult-use licenses have not been released. However, vertical integration is prohibited for the adult-use program, and municipalities can set their own limitations on business operations. There will be no limitations on the number of adult-use dispensary, cultivation, and manufacturing licenses, and unlike medical dispensaries adult-use licenses will not be geographically distributed. Social consumption and delivery licenses will also be allowed in New York’s adult-use program.

License Types

Adult-use license types have yet to be determined, but it is expected that they will include retailer, cultivator, manufacturer, delivery, and consumption licenses. Medical license types are below:

  1. Medical Registered Organization License

License Fees

Adult-use license fees have yet to be determined. Medical license fess are below:

Registered Organization: $10,000 application fee and $200,000 registration fee

Manufacturer: $1,000 application fee

License Timeline

A licensing timeline has not been determined for the adult-use program yet.

For the medical market, a total of 10 Registered Organization Licenses have been awarded (10 manufacturers and 40 storefronts), which are distributed geographically. The state is not currently accepting new medical-use applications.

Testing

Cannabis testing is required by an independent lab that is licensed by the DEA and has been certified in New York State to test medical marijuana products using protocols established by the Department of Health’s Wadsworth Laboratories.

Training

New York does not require specific training for license holders or employees.

Learn More about Cannabis in New York and How to Work or Start a Business in the New York Cannabis Industry

Leafy Green Agency offers a variety of certification seminars for people who want to start businesses, find jobs, get promotions, or invest in the cannabis industry in New York and across the country. Follow the link to register for an upcoming seminar.

Sources and More Information

Data current as of 2/13/22.