New York

New York

121,203
Registered Patient Population
0.62%
of Total Population Represented by Patients
38
Total Medical Retail Locations Currently in Operation
3,190 : 1
Patients : Retail

Medical cannabis is legal in New York, however home cultivation is not. Patients and caregivers may purchase a 30 day supply from dispensaries but the smoking of cannabis is prohibited. Patients may use liquid, pill or vaporized delivery methods. New York does not recognize out of state medical cannabis cards. Patients report that few dispensaries and high prices present barriers to access.

Patient Rights and Civil Protection 72/100   
Arrest Protection 40/40
Affirmative Defense 15/15
Parental Rights Protections 0/10
DUI Protections 0/5
Employment Protections 5/5
Explicit Privacy Standards 7/7
Housing Protections 0/5
Does Not Create New Criminal Penalties for Patients 5/5
Organ Transplants 0/5
Reciprocity 0/3
Access to Medicine 60/100   
Allows Distribution Programs 25/40
– Allows Access to Dried Flowers 8/15
– Allows Delivery 3/5
– No Sales Tax or Reasonable Sales Tax 3/5
– Allows for a Reasonable Number of Dispensaries 4/5
– Does Not Require Vertical Integration 0/2
– Ownership/Employment Restrictions 1/2
– Provisions for Labor Standards 2/2
– Environmental Impact Regulations 2/2
– Choice of Dispensary Without Restrictions 2/2
Noncommercial Cultivation 0/20
– Personal Cultivation 0/15
– Collective Gardening 0/5
Explicit Right to Edibles/Concentrates/Other Forms 10/10
Does not Impose Bans or Limits on THC 7/10
Does not Impose Bans on CBD 10/10
Local Bans/Zoning 8/10
Comprehensive Qualifying Conditions 48/50
Adding New Conditions 10/10
– Law/Regulations Allow for New Conditions 5/5
– System Works for Adding New Conditions 5/5
Reasonable Access for Minors 9/10
Reasonable Caregiver Background Checks 3/4
Number of Caregivers 2/2
Patient/Practitioner-Focused Task Force or Advisory Board 0/2
Reasonable Fees (Patients and Caregivers) 9/10
Allows Multiple-Year Registrations 0/2
Reasonable Physician Requirements 5/5
Does Not Classify Cannabis as a Medicine of Last Resort 5/5
Functionality 75/100   
Patients Able to Access Medicine at Dispensaries or by Cultivation 40/50
No Significant Administrative or Supply Problems 12/15
Patients Can Receive Legal Protections Within Reasonable Time Frame of Doctor's Recommendation 8/10
Reasonable Possession Limits 4/5
Reasonable Purchase Limits 3/5
Allows Patients to Medicate Where They Choose 3/5
Covered by Insurance/State Health Aid 0/3
Financial Hardship (Fee Waivers/Discount Medicine) 5/7
Consumer Safety and Provider Requirements 74.67/100   
Dispensing 20.67/25
Staff Training 3/5
Standard Operating Procedures 5/5
– Facility Sanitary Conditions 1.25/1.25
– Storage Protocols 1.25/1.25
– Reasonable Security Protocols 1.25/1.25
– Inventory Control 1.25/1.25
Recall Protocol and Adverse Event Reporting 5/5
Product Labeling 2.67/5
– Product Contents, Including Source Material Identification 1.67/1.67
– Allergens 0/1.67
– Potency/Compound Identification 1/1.67
Required Testing 5/5
– Active Compound Identification 1.67/1.67
– Contaminants 1.67/1.67
– Potency 1.67/1.67
Grow/Cultivation 21/25
Staff Training 3/5
Standard Operating Procedures 5/5
– Facility and Equipment Sanitary Conditions 0.71/0.71
– Workforce Safety Protocols 0.71/0.71
– Storage Protocols (Short-Term and Long-Term Storage) 0.71/0.71
– Reasonable Security Protocols 0.71/0.71
– Batch and Lot Tracking 0.71/0.71
– Disposal/Waste 0.71/0.71
– Water Management 0.71/0.71
Pesticide Guidance 3/5
– Pesticide Guidance 2/2.5
– Pesticide Labeling 1/2.5
Required Testing 5/5
– Active Ingredient Identification 1.25/1.25
– Contaminants 1.25/1.25
– Potency 1.25/1.25
– Sample Retention 1.25/1.25
Recall Protocol and Adverse Event Reporting 5/5
Manufacturing 23/25
Staff Training 3/5
Standard Operating Procedures 5/5
– Facility and Equipment Sanitary Conditions 1/1
– Workforce Safety Protocols 1/1
– Storage Protocols 1/1
– Reasonable Security Protocols 1/1
– Batch and Lot Tracking 1/1
Product Labeling 5/5
– Product Contents, Including Source Material Identification 1.67/1.67
– Allergens 1.67/1.67
– Potency and Compound Information 1.67/1.67
Required Testing 5/5
– Active Ingredient Identification 1/1
– Contaminants 1/1
– Potency 1/1
– Shelf Life Testing 1/1
– Sample Retention 1/1
Recall Protocol and Adverse Event Reporting 5/5
Laboratory Operations 10/25
Staff Training 5/5
Method Validation in Accordance with AHP Guidelines 0/5
Result Reporting 0/5
Independent or Third Party 0/5
Standard Operating Procedures and Protocols 5/5
– Equipment and Instrument Calibration 0.83/0.83
– Sample Tracking 0.83/0.83
– Facility and Equipment Sanitary Conditions 0.83/0.83
– Disposal/Waste 0.83/0.83
– Storage Protocols 0.83/0.83
– Workforce Safety Protocols 0.83/0.83
Covid Response 20/20   
Delivery Available? 6/6
Curbside Pickup Available? 2/2
Medical Cannabis Essential? 7/7
Telemedicine Available? 5/5
Excerpted from ASA's 2020 State of the States Report.

In This Section

New York Medical Marijuana Laws and Regulations

New York’s medical marijuana law took effect in 2014. It allows licensed health care practitioners to recommend the use of cannabis for patients with a variety of medical conditions. This section includes actual text of the legislation, a brief summary of the law and links to general resources for patients, providers and health care practitioners.

Becoming a Patient in New York

In order to become a medical cannabis patient, a person must reside in New York and register with the State’s Department of Health. Some of the qualifying conditions include cancer, HIV/AIDS, multiple sclerosis, Parkinson’s disease and epilepsy. This section includes an overview of state requirements for “qualifying patients” and links to necessary forms.

Recommending Cannabis in New York

Health care professionals recommending medical cannabis must be licensed to do so by the State of New York. Physicians, physician’s assistants, and registered nurses have the authority to recommend medical cannabis. This section includes an overview of state requirements for recommending physicians and links to necessary forms.

Becoming a Caregiver, Producer, or Provider in New York

Every state has varying laws and regulations for caregivers, cultivators and medical cannabis providers. This section includes an overview of state requirements for both designated caregivers and registered organizations, as well as links to necessary forms.

The State of Medical Marijuana in New York

The State of Medical Marijuana in New York