Marijuana - Know the Laws

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In New York State, marijuana is still illegal, however, two changes have occurred. In July 2014 the Compassionate Care Act went into effect in NY State, and in June 2019 legislation was passed to decriminalize possession of small amounts of marijuana.

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Medical Marijuana

The Compassionate Care Act was created to provide a balance between the health and safety of the public by minimizing risk through allowing physicians discretionary power to prescribe medical marijuana to help alleviate pain and suffering for patients with certain medical conditions.

• Physicians are trained and certified by the Department of Health to prescribe medical marijuana.

• Patients who are prescribed medical marijuana are issued a registration identification card that is valid for one year.
  
• Patients cannot possess more than a 30-day supply of their prescribed dose and it must remain in its original packaging in the manner that it was dispensed.

NYS Marijuana Decriminalization

In NY State, possession of marijuana (without a medical marijuana identification card and prescription) is illegal.  It is also illegal to buy, grow, or sell marijuana in NY State.  

• However, marijuana decriminalization legislation was passed in order to refresh what was felt were outdated laws and to also reduce racial disparities of criminal offenses. 
• Since June 2019 in NY State, anyone found to be possessing less than 2 ounces of marijuana receives a violation and is required to pay a small fine.  They will not go to jail and because it was a violation, it is not considered to be a crime.
• Any place deemed smoke-free also includes marijuana.

​It is important to understand the impact that the decriminalization of marijuana has had on youth not only in NY State but throughout the country, especially for the states who have legalized recreational use.  Youth marijuana use is on the rise, marketing initiatives are aimed at targeting the youth population (just as the tobacco industry did), and different forms such as with edibles have become a serious danger to small children including creating an increase in hospitalizations.  It is important to understand that even in the states that have legalized recreational marijuana use, it is still illegal for anyone under 21 to use or possess marijuana.  There are a number of physical and mental health dangers for youth who use marijuana.  Please visit our Marijuana Data and Facts page to learn more.  

References:

https://www.health.ny.gov/regulations/medical_marijuana/
http://nycourts.gov/CourtHelp/Criminal/marijuanaBasics.shtml
https://www.nysenate.gov/newsroom/press-releases/senate-decriminalizes-marijuana-use-new-york-state#:~:text=The%20racial%20disparities%20for%20arrests%20are%20wider%20for,marijuana%20to%20a%20violation%20punishable%20by%20a%20fine