Cannabis in New York has been legal for medical purposes under New York law since 2016, and recreational purposes since 2021. As of 2022, recreational cannabis is for sale legally in the state (including Native American reservations), only through state-approved dispensaries.
Adults aged 21 and older are allowed to possess up to 3 ounces (85g) of cannabis and 0.85 ounces (24g) of concentrated cannabis. In addition, home cultivation of up to three mature and three immature cannabis plants per individual will be permitted, with a maximum of twelve plants per household, once regulations for home grow are in place.[1]
On March 30, 2021, both houses of the New York State Legislature approved legislation to legalize recreational marijuana. The bill was signed into law by former New York Governor Andrew Cuomo on March 31, 2021.[2][3][4] The law also resulted in previous marijuana-related criminal records in the state of New York being expunged.[5] As of October 2021 New York State prohibited employers from testing both prospective and current employees for cannabis use or otherwise discriminating against employees who use cannabis outside of work hours.[6][7]
History
Prohibition (1927)
In 1914, New York first began to restrict cannabis by requiring a prescription to obtain the drug. In an amendment to the Boylan Bill, they added "Cannabis indica, which is the Indian hemp from which the East Indian drug called hashish is manufactured," to the city's list of restricted drugs. The New York Times on the following day commented: "Devotees of hashish are now hardly numerous enough here to count, but they are likely to increase as other narcotics become harder to obtain." In their study of the history of marijuana prohibition, Richard J. Bonnie & Charles H. Whitebread note that "only four articles about marijuana appeared in the major New York newspaper during the entire period from 1914 until 1927." In 1927, New York removed the medical purposes and restricted cannabis completely.[8]
In New York City, there were more than 19,000kg (41,000lb) of marijuana growing like weeds throughout the boroughs until 1951, when the "White Wing Squad", headed by the Sanitation Department General Inspector John E. Gleason, was charged with destroying the many pot farms that had sprouted up across the city. The Brooklyn Public Library reports: this group was held to a high moral standard and was prohibited from "entering saloons, using foul language, and neglecting horses." The Squad found the most weed in Queens but even in Brooklyn dug up "millions of dollars" worth of the plants, many as "tall as Christmas trees". Gleason oversaw incineration of the plants in Woodside, Queens.[9]
In 1939, New York Mayor Fiorello LaGuardia assigned a committee to investigate the issue of cannabis in his city. The committee released its report in 1944, concluding that the "gateway theory" was largely false, and that cannabis was not widely associated with addiction, school children, or juvenile delinquency. The report infuriated Harry Anslinger, commissioner of the Federal Bureau of Narcotics, who branded it unscientific.[10]
In 1973, New York governor Nelson Rockefeller signed legislation increasing the penalty for selling two ounces (57g) or more of heroin, morphine, "raw or prepared opium," cocaine, or cannabis or possessing four ounces (110g) or more of the same substances, was a minimum of 15 years to life in prison, and a maximum of 25 years to life in prison.[citation needed]
Partial decriminalization (1977)
In 1977, New York decriminalized possession of 25 grams (7⁄8oz) or less of marijuana, to an infraction with a $100 fine (equivalent to $480in 2022). However, possession in public view remained a misdemeanor, and civil rights advocates stated that this was used as a loophole to unfairly arrest. A New York Times editorial noted in 2012:
Marijuana arrests declined after passage of the 1977 law, but that changed in the 1990s. Between 1997 and 2010, the city arrested 525,000 people for low-level, public-view possession, according to a legislative finding.[11]
New York City further decriminalization (2014)
In response to the continued arrests for marijuana possession, in 2014, New York City mayor Bill de Blasio directed the NYPD to cease arrests, and instead issue tickets, for small possession even in cases where the 1977 law might allow an arrest, such as cannabis entering "public view" during a stop-and-frisk.[12] However, the Village Voice noted in 2016 that despite a sudden drop following de Blasio's direction, arrests have "gone back up just as quickly."[13]
In 2018 the Manhattan and Brooklyn district attorneys announced that they would continue reducing the set of offenses that they would prosecute.[14]
Medical cannabis legalization (2014)
A New York medical cannabis prescription
In July 2014, New York Governor Andrew Cuomo signed legislation permitting the use of cannabis for medical purposes, following a "lengthy, emotional debate" in the issue in the Senate and 49–10 Senate vote. Cuomo's signing began an 18-month window for the state Department of Health to enact a medical marijuana program to provide non-smoked methods of cannabis consumption to patients. The legislation awarded five contracts to private marijuana growers who would each be allowed to operate four dispensaries.[15] As of December 2021, the program has 3,455 practitioners and 151,284 patients.[16]
State law as of 2016
Offenses related to the possession or sale of marijuana and "concentrated cannabis", outside those allowed by the state's medical marijuana statute, are defined in Article 221 of the New York State Penal Law.[17] The former term is defined in the state's Public Health Law as "all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin." Stalks from the mature plant, fiber, oil and cake made from it, sterilized seeds and compounds or preparations from them are not considered marijuana. "Concentrated cannabis", meant primarily to refer to hashish, refers to the plant's "separated resin, whether crude or purified" and any substance, whether derived from the plant or not, containing more than 2.5% by weight of delta-9-Tetrahydrocannabinol (THC), delta-8 dibenzopyran, delta-1-THC or delta-1 (6) monoterpene, an isomer of the last compound.[18]
Possession of less than 25 grams (7⁄8oz) of marijuana, in any form, is unlawful possession of marijuana, punishable by a fine of no more than $100 if the defendant has no convictions for the offense within the last three years. Those who do can be fined up to $200; on the third conviction within that time period the maximum fine rises to $250 with the possibility of a 15-day jail sentence as well. The offense is considered a violation, the lowest level of offense defined in state law, and thus does not show up on a criminal record.[17]
If the marijuana is burning or in public view, no matter the amount, or is between 25 and 57 grams (7⁄8–2oz), it is fifth-degree criminal possession of marijuana, a Class B misdemeanor,[17] carrying a possible three-month sentence.[19] Amounts in the 2–8 ounces (57–227g) range are fourth-degree criminal possession of marijuana, a Class A misdemeanor[17] for which offenders can receive up to six months in jail. Convictions for these offenses will result in a criminal record.[19]
Amounts higher than 8 ounces (230g) are felonies, all of which carry a minimum prison term of three years in New York. Third-degree criminal possession of marijuana, a Class E felony[17] with up to four years as a possible punishment,[20] applies to amounts between 8 and 16 ounces (230–450g), or one pound. Those convicted of second-degree criminal possession of marijuana, a Class D felony[17] with a maximum sentence of seven years, will have been in possession of up to 10 pounds (4.5kg) and can expect to serve up to seven years at most.[20] First-degree criminal possession of marijuana applies to those with more than 10 pounds,[17] a Class C felony for which offenders may spend 15 years in prison.[20]
Offenses related to the sale of marijuana start with fifth-degree criminal sale of marijuana, a class B misdemeanor that covers amounts less than 2 grams (0.071oz). Fourth-degree criminal sale of marijuana, a class A misdemeanor, covers sales between that amount and 25 grams (7⁄8oz). Amounts up to 4 ounces (110g) are third-degree criminal sale of marijuana, a Class E felony.[17]
Sales in the 4–16 ounces (110–450g) range get the offender a conviction for second-degree criminal sale of marijuana, a Class D felony. That offense also applies to any sale of a lesser amount to a minor. Sales of more than a pound are considered first-degree criminal sale of marijuana, a Class C felony.[17]
Legalization study (2018)
In his 2018 State of the State address Governor Cuomo urged the New York State Legislature to fund a study on the effects of legalizing marijuana for recreational use. The proposed study would be conducted by the Department of Health to examine a wide variety of issues, including the legal, economic, and social ramifications recreational marijuana could have on New York.
The Department of Health completed its study and recommended the legalization of marijuana in New York, citing economic, public health, and public safety benefits.[21] Cuomo stated that New York should "legalize the adult use of recreational marijuana once and for all," and that his marijuana legalization proposal would be including the state's 2019 budget plan.[22] The study was followed by an amended Marijuana Regulation and Taxation Act bill, which would legalize and regulate cannabis in the state.
Additional reforms with further decriminalization in the State of New York (2019)
In July 2019, New York enacted legislation signed into law by Governor Andrew Cuomo on July 29, 2019 that further expanded the decriminalization of recreational use of cannabis in the State of New York, but did not legalize it.[23] This measure would treat possession of up to two ounces of marijuana as a violation instead of a crime, with fines dropping to as low as $50.[24]
Recreational legalization (2021)
Between 2018 and 2021, New York lawmakers repeatedly attempted to legalize recreational cannabis via the legislative process, but disagreements over allocation of tax revenue from cannabis sales (and in the case of the 2020 session, the COVID-19 pandemic) prevented legislation from moving forward. Legalization was included in the 2021 state budget proposal as the Cannabis Regulation and Taxation Act. Members of the New York State Assembly objected to some provisions of the bill, with some expressing a preference to pass their own legislation independent of the governor's office, the Marijuana Regulation and Taxation Act (MRTA).
Negotiations between the governor's office and the legislature over the final cannabis legalization bill were successful and the MRTA was passed in the New York State Assembly and Senate on March 30, 2021 by votes of 94-56 and 40-23, respectively.[2][3] Governor Andrew Cuomo signed the bill into law the following day. This legislation legalized recreational cannabis where adults aged 21 and over are allowed to possess up to 3 ounces (85g) of cannabis or 0.85 ounces (24g) of concentrated cannabis. Adults 21 and older are allowed to possess up to 5 lbs individually in their own homes. In addition, home cultivation of up to three mature and three immature cannabis plants per individual will be permitted, with a maximum of twelve plants per household, once regulations for home grow are in place.[25] On April 9, 2021, marijuana-related criminal records in the state of New York which previously resulted in losses of jobs, homes and licenses were confirmed to have been expunged by the law as well.[5]
Cannabis dispensary in East Village, New York City
Aside from driving under the influence, the NYPD no longer lists any other crime related to marijuana.[26]
As of October 2021, New York State prohibited employers from testing both prospective and current employees for cannabis use or otherwise discriminating against employees who use cannabis outside of work hours.[27][28]
Licensed sale of recreational cannabis in New York is expected to begin by 2023.[29] There has been a recent proliferation of Cannabis membership clubs as well and the state has set up a new campaign so cannabis consumers know if they are purchasing from a licensed facility Legal Marijuana Delivery arrives in NYC.
As of April 2022, 52 recreational cannabis cultivation licenses have been granted and approved within New York State.[30]
In February 2022, a bill signed into law by the Governor Kathy Hochul legally allows New York State hemp farmers to start growing cannabis crops. The law also promotes equity for minorities and other related purposes.[32]
New York State tax breaks
In April 2022, the New York Legislature passed a comprehensive omnibus Budget Bill - with provisions that explicitly legally allows cannabis related businesses and/or dispensaries to have "tax breaks" within New York State itself (not federally, due to cannabis still being illegal federally). [33] On April 9th 2022, the Governor of New York passed the FY2023 budget and signed into law Senate Bill S8009C, which amended the state tax code related to cannabis businesses.[34][35] This bill specifically created paragraphs to the state tax code to add back "the amount of any federal deduction disallowed pursuant to Section 280e of the IRC related to the production and distribution of adult-use cannabis products, as defined by Article 20C of this chapter, not used as the basis for any other tax deduction, exemption, or credit, and not otherwise required" in the computation of entire net income and of New York adjusted gross income. The final state budget includes provisions for licensed cannabis businesses to take ordinary tax deductions for tax years beginning in 2023. For now, businesses operating within New York City will still be impacted by 280e, although Senate Bill S7508 is set to pass and would mimic the state level changes. [36][37]
Further New York regulations approved
In April 2022, further regulations were approved by state boards - to allow cultivation of medical cannabis on certain licensed farms within New York.[38]
March 2023 Update to New York Medical Cannabis Program
As of March 2023, there was a significant update to the New York Medical Cannabis Program. The update streamlined the process for patients seeking medical marijuana. Now, when a healthcare provider certifies a patient for medical cannabis, the patient is automatically registered in the program. The medical cannabis certification provided by the healthcare provider contains a registry ID number, which can be used alongside a valid government-issued ID to purchase medical cannabis at registered dispensaries. This change eliminated the need for patients to separately register for a medical marijuana card after receiving certification from a healthcare provider.
Curbing illegal and illicit cannabis markets
In May 2023, the Governor of New York State signed into law an "omnibus budget bill" (that recently passed the Legislature) that explicitly curbs illegal and illicit markets of cannabis and other related purposes.[39]
Farmers markets
In July 2023, New York State commenced new policies and rules on officially accepting applications regarding cannabis within farmers markets - by the Cannabis Control Board.[40]
New York City explicit local protections
In November 2023, the Governor of New York State signed into law a bill to explicitly legally protect New York City from overburdened business taxes at a state level - by "keeping cannabis regulations at a local autonomous issue" and providing needed relief to individuals and businesses within New York City local area enacted itself.[41]
Related Research Articles
In Colorado, cannabis has been legal for medical use since 2000 and for recreational use since late 2012. On November 7, 2000, 54% of Colorado voters approved Amendment 20, which amended the State Constitution to allow the use of marijuana in the state for approved patients with written medical consent. Under this law, patients may possess up to 2 ounces (57 g) of medical marijuana and may cultivate no more than six marijuana plants. Patients who were caught with more than this in their possession could argue "affirmative defense of medical necessity" but were not protected under state law with the rights of those who stayed within the guidelines set forth by the state. The Colorado Amendment 64, which was passed by voters on November 6, 2012, led to recreational legalization in December 2012 and state-licensed retail sales in January 2014. The policy has led to cannabis tourism. There are two sets of policies in Colorado relating to cannabis use: those for medicinal cannabis and for recreational drug use along with a third set of rules governing hemp.
In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
In the U.S. state of Maine, marijuana (cannabis) is legal for recreational use. It was originally prohibited in 1913. Possession of small amounts of the drug was decriminalized in 1976 under state legislation passed the previous year. The state's first medical cannabis law was passed in 1999, allowing patients to grow their own plants. The cities of Portland and South Portland decriminalized the possession and recreational use of marijuana in 2013 and 2014, respectively.
Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.
Cannabis in Alaska is legal for recreational use since 2015. It was first legalized by the court ruling Ravin v. State in 1975, but later recriminalized by Measure 2 in 1990. Ballot measures in 2000 and 2004 attempted to legalize recreational use, until finally Measure 2 in 2014 passed with 53.2% of the vote. Medical use was legalized by way of Measure 8 in 1998.
The Adult Use of Marijuana Act (AUMA) was a 2016 voter initiative to legalize cannabis in California. The full name is the Control, Regulate and Tax Adult Use of Marijuana Act. The initiative passed with 57% voter approval and became law on November 9, 2016, leading to recreational cannabis sales in California by January 2018.
Cannabis in Nevada became legal for recreational use on January 1, 2017, following the passage of Question 2 on the 2016 ballot with 54% of the vote. The first licensed sales of recreational cannabis began on July 1, 2017.
Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $2000. Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however.
Cannabis in Pennsylvania is illegal for recreational use, but possession of small amounts is decriminalized in several of the state's largest cities. Medical use was legalized in 2016 through a bill passed by the state legislature.
Cannabis in North Carolina is illegal for any use except for very limited medical usage, though decriminalized for possession of 0.5 ounces or less for individuals with three or fewer misdemeanor convictions.
Cannabis in Minnesota is legal for recreational use as of August 1, 2023. On May 30, 2023, Governor Tim Walz signed House File 100 into law, legalizing the use, possession, and cultivation of cannabis within the state. Licenses for commercial sales will likely not be issued until 2025, in order for the Office of Cannabis Management to establish regulatory frameworks.
Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.
Cannabis in New Jersey is legal for both medical use and recreational use. An amendment to the state constitution legalizing cannabis became effective on January 1, 2021, and enabling legislation and related bills were signed into law by governor Phil Murphy on February 22, 2021.
Cannabis in New Hampshire is illegal for recreational use and decriminalized for possession of up to three-quarters of an ounce (21 g) as of July 18, 2017. Medical use is legal through legislation passed in 2013.
Cannabis in Delaware is legal for medicinal and recreational use.
Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.
Cannabis in Connecticut is legal for recreational use since July 1, 2021. Medical use was legalized through legislation passed in 2012.
Cannabis in Michigan is legal for recreational use. A 2018 initiative to legalize recreational use passed with 56% of the vote. State-licensed sales of recreational cannabis began in December 2019.
The Cannabis Law legalizes recreational cannabis in New York. It is chapter 7-A of the Consolidated Laws of New York, and was originally enacted by the Marihuana Regulation and Taxation Act on March 31, 2021 but has since been amended.
↑ Anslinger, Harry (1961). "Hemp Around Their Necks". www.druglibrary.net. Archived from the original on September 11, 2017. Retrieved January 23, 2017.
↑ "New York State Public Health Law". Article 3302, of 2016. Retrieved November 13, 2016. "Archived copy". Archived from the original on November 14, 2016. Retrieved November 13, 2016.{{cite web}}: CS1 maint: archived copy as title (link) CS1 maint: bot: original URL status unknown (link)
1 2 "New York State Penal Law". Article 70.15, of 2016. Retrieved November 13, 2016. "Archived copy". Archived from the original on November 14, 2016. Retrieved November 13, 2016.{{cite web}}: CS1 maint: archived copy as title (link) CS1 maint: bot: original URL status unknown (link)
1 2 3 "New York State Penal Law". Article 70, of 2016. Retrieved November 13, 2016. "Archived copy". Archived from the original on November 14, 2016. Retrieved November 13, 2016.{{cite web}}: CS1 maint: archived copy as title (link) CS1 maint: bot: original URL status unknown (link)
This page is based on this Wikipedia article Text is available under the CC BY-SA 4.0 license; additional terms may apply. Images, videos and audio are available under their respective licenses.
