New York

New York

Cannabis is legal to all adults over 21 in New York. Patients and caregivers may purchase a 30 day supply from dispensaries and grow up to 3 mature cannabis plants at home. 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 Protections	70/100
Arrest Protection 25/25 Affirmative Defense 20/20 Parental Rights Protections 0/20 DUI Protections 0/10 Employment Protections 20/20 Explicit Privacy Standards 5/5
Access to Medicine	25/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 15/20 - Authorizes Delivery 5/10 - Authorizes Curbside Pickup 10/10 Personal Cultivation 0/15 Collective Gardening 0/5 Sufficient Number of Licenced Retailers 0/30 Reciprocity 0/20
Program Functionality	70/100
Legal Protections Within Reasonable Time Frame 16/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 10/10 Telemedicine for Physician Certifications 15/15 Patient and Physician Representation in Program Decision Making 0/20 Reasonable Caregiver Standards 5/5 - Background Checks 2/2 - Number of Caregivers 3/3 Reasonable Physician Standards 1/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 3/5
Affordability	43/100
Sales Tax Break for Patients and Caregivers 5/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 18/20 Financial Hardship Waivers or Discounts 20/20 Donation Program 0/10 Allows Multi-Year Registrations 0/10
Health and Social Equity	41/100
State Program Protections 25/25 Housing Protections 0/25 Access for Minors 8/10 Access in Underserved Areas 0/10 List of Qualifying Conditions is Exhaustive or All Inclusive 8/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 0/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	55/200
Total 7/50 Quality Management Systems 0/10 Staff Training 0/10 Standard Operating Procedures 2/8 - Facility and Equipment Sanitation 0/1 - Workplace Safety 0/1 - Storage 1/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 0/1 - Water Management 0/1 - Records Management 0/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 0/2 Required Testing 0/8 - Cannabinoids 0/1 - Terpenes 0/1 - Microbials 0/1 - Aflatoxins 0/1 - Pesticides 0/1 - Heavy Metals 0/1 - Foreign Matter 0/1 - Moisture Content/ Water Activity 0/1 Packaging and Labeling 1/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 2/7 Total 12/50 Quality Management Systems 0/10 Staff Training 0/10 Standard Operating Procedures 3/7 - Facility and Equipment Sanitation 0/1 - Workplace Safety 0/1 - Storage 1/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 0/1 Environmental Impact Regulations 0/3 Required Testing 5/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Residual Solvents 0/1 - Homogeneity 0/1 - Foreign Matter 0/1 - Water Activity 0/1 Packaging and Labeling 3/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 1/1 - Allergens 1/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 1/5 Total 3/50 Staff Training 0/20 Standard Operating Procedures 0/7 - Facility Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Records Management 0/1 Product Testing 0/10 - Product Meets Requirements Before Sale 0/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 3/13 Total 33/50 Independent or Third-Party 5/5 Laboratory Sampling 0/5 Method Validation 0/4 Quality Management Systems 5/5 Staff Training 20/20 Standard Operating Procedures 3/7 - Facility and Equipment Sanitation 0/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 0/1 - Sample Tracking 1/1 - Security 0/1 - Waste Disposal 1/1 - Records Management 0/1 Result Reporting 0/4
Score Penalties	9/80
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 2/15 Administrative or Supply Problems 0/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 7/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2021 State of the States Report.