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New York Medical Marijuana Law
More than 120,000 New Yorkers have medical marijuana patient registrations as of September 2022. You can buy and own medical-grade cannabis products containing THC and CBD legally if you enroll in New York State’s cannabis program.
If you have a medical condition and obtain a recommendation to use cannabis from a medical professional, you are eligible for a card.
Although adult-use marijuana was recently legalized in New York, sales have not yet begun. It’s crucial to speak with a qualified medical marijuana doctor rather than attempting to self-treat if you have a chronic medical condition.
They can evaluate your health and determine whether marijuana will be helpful. You can decide if the treatment is right for you by knowing the applicable laws and regulations regarding medical marijuana use, which will also help you navigate New York’s evolving marijuana laws and regulations.
New York Medical Marijuana Law History
In 2014, the New York Assembly approved the state’s first medical marijuana law. The law gave the Department of Health authority to set up the Office of Cannabis Management as a regulatory body to watch over dispensaries, train doctors, and issue medical marijuana cards to patients.
For their certified patients, doctors were required to order a marijuana dosage under the initial program. A 30-day supply of cannabis could be purchased by an individual, but dried flowers for smoking were not allowed to be sold in dispensaries. In December 2015, the state issued the first patient identification cards. The first sale occurred in January 2016.
Later in 2016, the first revision to the law was made. To avoid a shortage of supplies, the state authorized dispensaries to trade with one another and granted nurse practitioners permission to certify patients. The state expanded its list of qualifying conditions in 2017 to include PTSD and chronic pain.
In 2019, New York’s medical cannabis program was once more expanded, allowing providers to certify patients for marijuana use for ailments that are typically managed with opioids, such as acute pain management, and adding opioid use disorder to the list of qualifying conditions.
As of January of 2022, new cannabis laws will allow doctors to certify patients for any condition if they feel cannabis will help the patient.
Marijuana Possession Laws in New York
Holders of a medical marijuana card and their designated caregivers are permitted to buy and possess up to 60 days’ worth of adult-use cannabis in accordance with the prescription dosage specified by their physician on the certification. When entering a dispensary or carrying cannabis in public, you must have your card and certification document with you.
In 2020, the state decriminalized having up to 3 ounces of marijuana in your possession. Without a medical marijuana card, possessing more than 3 ounces of marijuana is punishable by jail time and a fine.
New York Public Consumption Laws
According to the Marijuana Regulation and Taxation Act, marijuana may be smoked or vaped anywhere that tobacco may be, with the exception of motor vehicles. Cannabis use is prohibited in some places, such as parks, the vicinity of churches, and schools, according to local ordinances that can be passed.
Due to the federal government’s ban on marijuana, neither possession nor use of the drug is permitted in national parks, courthouses, or housing that receives federal financial assistance.
New York Cannabis DUI Laws
According to New York State law, it is a misdemeanor to drive while intoxicated. If officers notice impairment, they may issue citations. DUI offenses are punishable by a mandatory $500–$1,000 fine, a minimum six-month license suspension, and a maximum one-year jail sentence in the state.
The minimum penalties for subsequent offenses are harsher and can range from the permanent loss of your license to 10 years in prison.
You may not consume cannabis while driving or while riding as a passenger, even if the car is parked. The open container law in New York imposes penalties for such violations.
Applying for a New York Medical Marijuana Card?
A generous medical marijuana program is run by the New York State Department of Health. You can apply for a medical marijuana identification card, which would permit the use of cannabis legally, if you have a medical condition (such as multiple sclerosis) that significantly affects your life and your doctor believes medical marijuana is clinically appropriate.
You will receive a certification form outlining your condition and marijuana dosage after consulting with a licensed medical marijuana doctor. Your New York driver’s license or non-driver ID can then be linked to your online account after you register.
On the digital dashboard, you then choose the tab for health applications, and you submit an application using the Medical Cannabis Data Management System. The last step is to upload the supporting documents showing your identity and place of residence.
Once accepted, you can get a temporary ID card right away and start buying cannabis for medical purposes from licensed businesses. After approval, your card will be mailed to you within 7 business days.
The Sanctuary can guide you through the application process and provide advice on the specifics of New York’s cannabis program. Our knowledgeable staff is aware of the concerns and difficulties new cannabis patients face.
You will gain access to cannabis as soon as possible if you submit an application that is accurate and complete on the first try.
Frequently Asked Questions
Is recreational marijuana legal in New York?
In March 2021, recreational marijuana use became legal in New York, and a regulatory framework and facility licenses are currently being issued. Although it is currently legal to possess up to 3 ounces, recreational sales at dispensaries will not begin until September 2022.
When sales do start, recreational users won’t be able to buy as much cannabis as people with legitimate medical cards.
What products can registered patients and caregivers legally possess?
Patients can buy transdermal patches, capsules, tablets, tinctures, oral sprays, whole flower cannabis, metered ground plant preparation for vaporization, lozenges, and vape cartridges and pens.
Dispensaries are required by law to carry both a brand with an equal ratio of THC to CBD and a brand with a low THC to high CBD ratio. As long as they adhere to OCM rules, they are free to stock any additional products they want.
What products are illegal for registered patients and caregivers to possess?
The sale of pre-rolls or dried flowers is prohibited in New York. Cannabis plant cultivation and possession are prohibited beginning in September 2022.
Is there a limit on the amount of product a patient can possess?
All New Yorkers are permitted to possess up to 3 ounces of marijuana. Holders of medical identification cards are permitted to buy and keep up to 60 days’ worth of cannabis, in accordance with the dosage prescribed by their physician. However, medical professionals are not required to advise their patients on a dosage or form of cannabis.
Does New York offer out-of-state reciprocity?
No. A card issued outside of New York cannot be used to enter a dispensary there. Because marijuana is prohibited by federal law, it is also unlawful to transport it across state lines. Visitors from outside the state are subject to the 3-ounce possession limit.