New York has a medical marijuana program, but it has not legalized recreational marijuana at this time. However, possessing small amounts of marijuana has been decriminalized and may only result in a violation and a fine ($50 for 28 g or less, $200 for between 28 g and 2 oz). Possession of more than 2 oz and less than 8 oz, or less than 0.25 oz of THC concentrate, is a misdemeanor punishable by up to 1 year of incarceration and a fine of $1,000. Possession of anything more than either 8 oz of flower marijuana or 0.25 oz of concentrate is a felony punishable by:
• 8 oz – 1 lb flower: Up to 4 years of incarceration and a maximum fine of $5,000.
• 1-10 lbs flower/0.25-1 oz concentrate: Up to 7 years of incarceration and a maximum fine of $5,000.
• More than 10 lbs flower/1 oz concentrate: Up to 15 years of incarceration and a maximum fine of $51,000.
Under current case law, cultivation is possession. Offenders may face additional charges of cultivation for any number of plants. Cultivation is a misdemeanor punishable by up to 1 year of incarceration and a fine of $1,000.
Patients participating in the state’s medicinal marijuana program are authorized to acquire and possess at 30-day supply of THC-infused, non-smokable products to treat the following conditions:
• ALS (amyotrophic lateral sclerosis)
• Chronic pain
• Huntington’s disease
• IBD (inflammatory bowel disorder)
• Multiple sclerosis
• Opioid substitution
• Parkinson’s disease
• PTSD (post-traumatic stress disorder)
• Spinal cord damage
For physicians to take part in New York’s medical marijuana program, one must be an MD, DO, CNP, or physician assistants in good standing who has completed a course approved by the Commissioner of the Department of Health and registered with the New York State Department of Health Medical Marijuana Program. To begin the registration process, follow these instructions:
New York does not have a reciprocity program to accommodate medical marijuana patients from out of state.
For more information, see the website for the state’s Medical Marijuana Program here: