New York

Navigating New York State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers and/or a list of adult use retailers to find out where to purchase regulated cannabis in New York. 

Traveling? Get more information about traveling in the US here. 

Home cultivation is allowed in New York, for Certified New York medical marijuana patients at least 21 years old. Can cultivate up to six cannabis plants, three immature and three mature female plants, at their private residence, but only for personal use. Designated caregivers 21 or older caring for a certified patient can cultivate the same number of mature and immature plants for the patient’s use. A designated caregiver can grow up to six plants per patient but cannot grow more than twelve plants at any time.

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Background on State Laws

New York’s first legal protections for patients were established in 2014 when the New York Assembly passed S7923. Over the years lawmakers have worked to improve medical cannabis regulations. In 2020, the state approved legislation which required that past arrest records for possession of cannabis be expunged or destroyed, and prohibits those records from being used to deny employment. 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. Details on how these laws apply to patients and medical professionals can be found below.

In 2019, New York passed Senate Bill S6579A which required automatic expungement for anyone who was convicted of possessing 2 ounces of cannabis or less. Assembly Bill 8420-A reduced the penalty for minor cannabis possession violations to a fine of $50, for up to one ounce. For offenses over one ounce but less than two ounces, Assembly bill 8420-A changed the penalty from a criminal misdemeanor to a non-criminal violation with the penalty of a $200 fine. Refer to the Attorney General's expungement guide for more information.

Here is a breakdown of how New York fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for New York can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	90/100
Arrest Protection 25/25 Affirmative Defense 20/20 Parental Rights Protections 20/20 DUI Protections 0/10 Employment Protections 20/20 Explicit Privacy Standards 5/5
Access to Medicine	50/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 15/20 - Authorizes Delivery 5/10 - Authorizes Curbside Pickup 10/10 Personal Cultivation 15/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 10/30 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	112/200
Cultivation Operations 30/50 Quality Management Systems 10/10 Staff Training 0/10 Standard Operating Procedures 4/8 - Facility and Equipment Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Water Management 0/1 - Records Management 1/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 0/2 Required Testing 7/8 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Foreign Matter 1/1 - Moisture Content/ Water Activity 1/1 Packaging and Labeling 1/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 6/7 Manufacturing Operations 21/50 Quality Management Systems 0/10 Staff Training 5/10 Standard Operating Procedures 4/7 - Facility and Equipment Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Environmental Impact Regulations 0/3 Required Testing 7/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Residual Solvents 1/1 - Homogeneity 0/1 - Foreign Matter 0/1 - Water Activity 1/1 Packaging and Labeling 1/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 0/1 - Allergens 0/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 4/5 Dispensary Operations 15/50 Staff Training 0/20 Standard Operating Procedures 3/7 - Facility Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 1/1 Product Testing 0/10 - Product Meets Requirements Before Sale 0/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 12/13 Laboratory Operations 46/50 Independent or Third-Party 5/5 Laboratory Sampling 5/5 Method Validation 4/4 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 4/4
Score Penalties	17/80
Gives Regulatory Preference to Adult Use 10/20 Classifies Cannabis as a Medicine of Last Resort 0/15 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 2022 State of the States Report.