New York’s laws on marijuana use have changed significantly in recent years. The Marijuana Regulation and Taxation Act, signed into law in March 2021, made major shifts in how marijuana is handled legally in the state. Before this, using or possessing marijuana was illegal and could lead to criminal charges. However, the new law allows adults to use marijuana recreationally, and it opens the door for legal businesses to sell it. This change also allows some people with past marijuana convictions to have their records cleared. These changes aim to treat marijuana more like alcohol and to help people with marijuana charges from years ago. But it is important to understand that certain marijuana-related actions are still considered crimes. At, Arthur L. Pressman, Attorney at Law , we are here to guide you through the legal process and help you navigate the complexities of your case.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
Legal Limits and Age Restrictions
One of the biggest changes in New York’s marijuana laws is that adults aged 21 and older can now legally possess small amounts of marijuana. This includes up to three ounces of cannabis or 24 grams of concentrated cannabis, like oils and waxes. The law is similar to the age requirement for alcohol, and people under 21 cannot legally use or possess marijuana. Any person who is underage and found with marijuana can still face legal consequences, as they did before the law was changed. While adults can legally buy and carry marijuana within the limits, larger amounts are still against the law. Additionally, selling marijuana without a license is illegal and can lead to criminal charges. Even with the new laws, certain actions with marijuana are still considered crimes, especially if they involve large quantities or if they are done in restricted places.
Where Marijuana Use is Allowed
While adults can now legally use marijuana in New York, there are still many rules on where it is allowed. Under the new law, people cannot smoke or vape marijuana in places where smoking tobacco is banned. This means that people cannot use marijuana in schools, workplaces, public transportation, or within public parks. Using marijuana in public places where it affects others is still a punishable offense. Many landlords and housing authorities can also restrict or ban marijuana use within rental properties. There are exceptions, though, for medical marijuana patients who need to use cannabis for health reasons. While people can use marijuana within their private homes, if it bothers neighbors or is in a place where it might affect others, there can be consequences.
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Rules for Growing and Selling Marijuana
The new law also includes changes for growing and selling marijuana. Adults are now allowed to grow a certain number of marijuana plants in their homes. However, there are limits, and individuals can only grow up to six plants at one time, with no more than three being mature or flowering. These plants must be kept in a safe, locked area that is not visible to the public. For medical marijuana patients, they can grow more than six plants if it is needed for their treatment, but they still have to follow safety guidelines to ensure plants do not get into the wrong hands. When it comes to selling marijuana, businesses need to apply for licenses to legally sell cannabis products. Only licensed dispensaries can legally sell marijuana, and they must follow strict state rules. Any person who sells marijuana without a license is breaking the law and can face serious drug charges.
The Impact on Previous Marijuana Convictions
A major benefit of New York’s new marijuana laws is the chance for people to have old marijuana-related convictions removed from their records. Many people who were convicted of low-level marijuana offenses in the past can now have those convictions expunged or removed from their criminal record. This change helps people who were affected by the previous harsh laws on marijuana. By clearing these records, it can help those people with future job opportunities, housing applications, and other areas of life where a criminal record could have been a barrier. However, the process is not automatic for everyone. People may need to check if their conviction qualifies and may need help from legal professionals to make sure the record is cleared correctly. While this change helps many people, it is only for marijuana-related charges, so it does not cover other types of drug crimes.
What Remains Illegal in Marijuana Use and Possession
Although New York has made recreational marijuana legal, there are still certain actions that are against the law. For example, driving under the influence of marijuana remains a serious crime. The new law makes it clear that just like drinking and driving, using marijuana and driving can lead to DUI charges. Driving while impaired by marijuana endangers others and can lead to fines, license suspension, or even jail time. Additionally, having large amounts of marijuana or having marijuana with the intent to sell it without a license is also illegal. The law still penalizes those who grow large numbers of plants beyond the legal limits, or who give marijuana to minors. While the laws around marijuana are less strict than they once were, these limits ensure that marijuana is handled responsibly and safely.
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Changes to Penalties for Certain Marijuana Crimes
The new marijuana laws in New York also changed the penalties for certain crimes related to cannabis. In the past, even a small amount of marijuana could lead to serious criminal charges and penalties. Now, small violations, such as having more than the allowed amount, are often treated as civil offenses, meaning they may not lead to criminal records but can result in fines or tickets. For people with more serious marijuana charges, such as those involving distribution or large quantities, penalties still exist but have been reduced in some cases. Repeat offenses or cases involving minors may still carry harsher penalties, showing that New York still takes these cases seriously. While the laws now offer a more lenient approach to marijuana, they ensure that violations of the rules are not ignored.
How the New Laws Affect Drug Crimes in New York
The change in marijuana laws also brings changes to how drug crimes are handled in general in New York. Marijuana has been removed from the list of controlled substances, which affects how drug charges are defined and prosecuted. Previously, marijuana possession could lead to drug charges similar to those involving more dangerous substances. Now, with marijuana being legal in many cases, drug-related crimes focus more on substances that remain illegal, such as cocaine, heroin, and methamphetamines. This shift allows law enforcement to concentrate resources on cases that involve drugs with higher risks. However, if marijuana is used in ways that break the law, it is still treated as a crime and can lead to serious consequences. People involved in drug trafficking or illegal sales of marijuana still face criminal charges. The changes in marijuana laws show a shift in focus but maintain a strong stance on controlling drug-related crimes.
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Understanding the Legal Risks and Staying Compliant
Although marijuana is now legal for recreational use in New York, there are still rules to follow to stay on the right side of the law. For example, it is important for adults to only buy from licensed dispensaries and to avoid sharing or selling marijuana to people who are underage. Not knowing the rules can lead to unintended legal problems. As the laws continue to evolve, it is essential to stay informed about any updates or additional regulations. People who have questions or are unsure about what is allowed can benefit from talking to legal professionals to get guidance on how to avoid issues. Staying compliant with the current laws not only keeps people out of trouble but also supports a safe and responsible approach to marijuana in New York.
With the evolving laws around marijuana in New York, it can be challenging to understand what is allowed and what could lead to criminal charges. If you or someone you know is facing charges related to marijuana or has questions about how these changes in the law might affect your record, the legal team at Arthur L. Pressman, Attorney at Law, can provide guidance and support. They are here to help you navigate these changes and protect your rights. Contact Arthur L. Pressman, Attorney at Law, to learn more about how they can assist with marijuana-related legal issues in New York.