Is marijuana legal in New York?
Yes. As of 2026, marijuana (weed) is legal in New York for adults 21 and older, who can possess up to three ounces, buy it at licensed dispensaries, and grow plants at home. Medical cannabis is also legal.
Status checked November 4, 2026
Contents
Marijuana laws in New York
New York legalized adult-use cannabis when the Marihuana Regulation and Taxation Act was signed on March 31, 2021. Personal possession became lawful that day. The first licensed adult-use retail sale was December 29, 2022. Adult-use home cultivation became lawful on June 26, 2024, after the Cannabis Control Board adopted personal home-cultivation regulations. Medical cannabis has been legal since the Compassionate Care Act in 2014. The Office of Cannabis Management regulates the market.
Adults 21 and older may possess, display, buy, obtain or transport up to three ounces of cannabis and up to 24 grams of concentrated cannabis. They may give the same amounts, without payment, to another adult. They may plant, cultivate and process cultivated cannabis under Penal Law section 222.15: no more than three mature plants and three immature plants per person, and no more than six mature and six immature plants at a private residence. They may possess up to five pounds of cannabis at that residence, kept in a secured place that people under 21 cannot reach.
Licensed dispensaries sell to adults 21 and older. Using, smoking or consuming cannabis is lawful unless another state law prohibits it, including many public-place rules.
Marijuana remains illegal under federal law, apart from state-licensed medical marijuana, which moved to Schedule III in April 2026.
New York, NY – April 21, 2026: Legal recreational marijuana dispensary Photo: Adobe Stock (editorial use only).
What the law says
Legal
- possessing, displaying, purchasing, obtaining, or transporting up to three ounces of cannabis and up to twenty-four grams of concentrated cannabis
- transferring, without compensation, to a person twenty-one years of age or older, up to three ounces of cannabis and up to twenty-four grams of concentrated cannabis
- a person may lawfully possess up to five pounds of cannabis in their private residence or on the grounds of such person's private residence
Not legal
- no person may: (a) plant, cultivate, harvest, dry, process or possess more than three mature cannabis plants and three immature cannabis plants at any one time
- No more than six mature and six immature cannabis plants may be cultivated, harvested, dried, or possessed within any private residence, or on the grounds of a person's private residence
- being under the age of twenty-one, plant, cultivate, harvest, dry, process or possess cannabis plants
Quoted from New York Penal Law §222.05.
How old do you have to be to use marijuana in New York?
You have to be 21 to buy weed in New York for adult use. Penal Law section 222.05 makes personal possession, purchase and home cultivation lawful for persons twenty-one years of age or older. Licensed dispensaries sell only to adults 21 and older who show a valid ID. Medical cannabis remains available to certified patients, but adult-use and medical home cultivation both require the person growing the plants to be 21 or older.
How much marijuana can you have in New York?
Adults 21 and older in New York can have up to three ounces of cannabis and up to 24 grams of concentrated cannabis. That limit applies when you carry cannabis, including in a car. You can also give another adult those same amounts without payment. At home, you may possess up to five pounds of cannabis at your private residence, kept in a secured place that people under 21 cannot reach. Homegrown cannabis counts toward that home amount.
Where can you buy marijuana in New York?
You can buy weed in New York at licensed adult-use dispensaries regulated by the Office of Cannabis Management. Adults 21 and older need a valid ID. Medical patients can buy at medical dispensaries with a certification and registration. Buying from an unlicensed seller, including an illegal storefront, is not legal. Licensed retailers may also sell seeds and immature plants for lawful home cultivation.
Can you grow marijuana at home in New York?
Yes. Adults 21 and older in New York can grow up to three mature cannabis plants and three immature plants at a time. A private residence may have no more than six mature and six immature plants, even if several adults live there. Adult-use home cultivation has been allowed since June 26, 2024. Plants must stay at the private residence, in a secured place that people under 21 cannot reach. You may not sell homegrown cannabis. Medical patients 21 and older have been able to grow since October 5, 2022.
Where can you use marijuana in New York?
You can smoke weed in New York on private property, unless another state or local law prohibits it. Penal Law section 222.05 makes using, smoking, ingesting or consuming cannabis lawful for adults 21 and older unless otherwise prohibited by state law. Smoking is often banned in public indoor places and where tobacco smoking is banned, and New York City and other local governments have additional public-consumption rules. Using cannabis while driving is not protected.
How do you get a medical marijuana card in New York?
To get a medical marijuana card in New York, a certified health care provider must certify you for medical cannabis, and then you register with the Office of Cannabis Management. Certified patients and designated caregivers can buy at medical dispensaries. Patients 21 and older, and caregivers 21 and older, may also grow medical cannabis at home under the same plant caps. The medical program continues alongside adult use.
Can visitors buy or use marijuana in New York?
Yes. Out-of-state visitors can buy marijuana in New York if they are 21 or older. Section 222.05 has no residency requirement for adult-use possession or purchase. Visitors follow the same three-ounce and 24-gram concentrate limits as residents. Home cultivation is only allowed at a person's private residence, not at a hotel or other temporary lodging. Taking cannabis out of New York across state lines remains illegal under federal law.
What are the rules on driving and marijuana in New York?
No, you can't drive high in New York. The personal-use statute does not protect driving while impaired by cannabis. New York's impaired-driving laws still apply to residents, visitors and medical patients. Possessing a legal amount in the car is not a defense to impaired driving.
Can an employer in New York fire you for using marijuana?
Yes, you can get fired for using marijuana in New York in many jobs. The MRTA and Penal Law Article 222 do not generally require private employers to allow cannabis at work. New York does limit some employment actions based solely on a cannabis test for off-duty use, with exceptions for safety-sensitive, federal and impairment-related situations, but employers may still prohibit use, possession and impairment on the job.
What are the penalties for breaking marijuana laws in New York?
In New York, adults 21 and older who stay within three ounces of cannabis and 24 grams of concentrate, and who follow the home-grow and five-pound residence rules, are engaging in lawful personal use. Those items are not contraband and cannot be seized just for that conduct. Growing more than three mature and three immature plants, or more than six of each at a residence, is prohibited. Selling without a license remains a crime. People under 21 may not grow plants.
Are CBD, hemp and delta-8 products legal in New York?
CBD from lawful hemp can be sold when it meets New York's hemp definition. The state has tightly limited intoxicating hemp products, including delta-8, and THCA flower is not a lawful substitute for licensed cannabis. Hemp products that exceed the state's hemp THC rules are treated as cannabis. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in New York?
Yes. Federal law still applies in New York. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in New York changed recently, or is it about to?
Yes. Adult-use home cultivation became lawful on June 26, 2024, after the Cannabis Control Board adopted regulations that completed the delayed rollout in Penal Law section 222.15. Medical home cultivation began October 5, 2022. Licensed adult-use sales have been expanding since the first retail sale on December 29, 2022. New federal hemp limits take effect November 12 and December 11, 2026.
Legislation
Sources (7)
- New York Penal Law §222.05, Personal use of cannabis codes.findlaw.com
- New York Penal Law §222.15, Personal cultivation and home possession of cannabis codes.findlaw.com
- Office of Cannabis Management, Know the Law cannabis.ny.gov
- law.cornell.edu
- dea.gov
- federalregister.gov
- congress.gov
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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