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. 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. The study was followed by an amended Marijuana Regulation and Taxation Act bill, which would legalize and regulate cannabis in the state.

Aside from driving under the influence, the NYPD no longer lists any other crime related to marijuana. 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.

Adult-Use and Social and Economic Equity

Social equity is central to the Cannabis Law, which seeks to begin the work of repairing decades of disproportionate enforcement and over criminalization of cannabis prohibition, especially in Black and Brown communities. Ensuring those harmed are given an equitable chance to participate and thrive in the legal New York cannabis industry is a key mandate of the Cannabis Law and a priority of the Office of Cannabis Management. Under the law:

Records for people with previous cannabis convictions are automatically expunged or otherwise suppressed;
Provisions routinely used to over criminalize people of color were removed;
There is a goal to issue 50% of licenses to equity applicants; and
40% of tax revenues will be directed - after covering the cost of the program - into programs supporting the communities most impacted by disproportionate enforcement.

You can read more about New York laws in Laws and Penalties New York.

Recreational Cannabis Laws in New York

As it stands, adults 21 and older can possess and publicly consume cannabis, as well as gift marijuana to other adults as long as they aren't being compensated.

Medical Cannabis

Qualifications for a Medical Marijuana Card in NY:

Step 1: Are You Experiencing Any of The Following Qualifying Conditions?

Qualifying Conditions:

A patient can be certified to use medical cannabis in New York state if they suffer from one of the following:
Chronic Pain (Arthritis, Migraine, Fibromyalgia, Back Pain, Neck Pain, Severe Dysmenorrhea, Endometriosis, Uterine Fibroids, etc)
Anxiety, Depression, Insomnia, Panic Attacks, PTSD, etc)
B.D. Inflammatory Bowel Disease, Ulcerative colitis, Crohn’s Disease, I.B.S. Irritable Bowel Syndrome (Abdominal pain, gas, bloating, cramps, etc)
Nausea, Vomiting, loss of appetite, Cachexia/Wasting Syndrome
Opioid Use Disorder/Substance Use Disorder
Neuropathy, Radiculopathy, sciatica, pinched nerve, numbness, tingling, burning, neuropathic pain
Epilepsy, Seizure Disorder
Cancer
HIV or AIDS
Severe or Persistent Muscle Spasms
L.S. Amyotrophic Lateral Sclerosis (A.K.A. Lou Gehrig’s Disease)
Parkinson’s Disease
Multiple Sclerosis
Huntington’s Disease

Proof of Identification & Residency:

You’ll need to provide one of the following items to show proof of residency:
New York State Driver’s License or New York State Non-Driver ID Card.
Copy of a government-issued identification card that contains your name and New York State address.
Once you receive your certification from us, you will be able to register online for a medical marijuana card with the Department of Health. This card must be shown when buying medical marijuana at a dispensing facility and carried by the eligible patient.