Is weed legal in New York?
Yes. Both adult-use recreational and medical marijuana are legal in New York.
For recreational weed, you just need to be at least 21.
For medical marijuana, you need to be 18 or older to buy and consume it.
If you're under 18 or can't consent to medical treatment, a person who is legally responsible for making your healthcare decisions, like a parent or guardian, can get a registry ID to handle your medical marijuana needs.
Find weed dispensaries in New York or order weed delivery from local retailers on Weedmaps.
Quick facts: New York cannabis laws
Purchase and possession limits
Adults 21 and older can buy and possess up to 3 ounces of cannabis flower and up to 24 grams of concentrated cannabis.
Certified medical cannabis patients or a designated caregiver can purchase and possess a 60-day supply of an approved medical cannabis product in forms specified by the patient's doctor.
Home cultivation limits
An individual who is 21 or older is allowed to grow up to six cannabis plants (three mature and three immature), but no residence can have more than 12 plants (six mature and six immature).
Basic consumption rules
Individuals 21 and older and medical cannabis patients can use cannabis anywhere tobacco is allowed in New York. Cannabis cannot be smoked or vaped in motor vehicles, restaurants, public parks, event spaces, or businesses.
Tax rates
When you buy adult-use cannabis in New York, you'll see a total of 13% in taxes on your receipt — a 9% state excise tax and a 4% local excise tax.
For example, if you buy $100 worth of flower, the sales tax will be 13% of the purchase price.
Breakdown:
$100 (product)
+ $9 (9% state excise tax)
+ $4 (4% local excise tax)
= $113 total
Medical patients don't pay any taxes on medical cannabis.
Cannabis purchase and consumption in New York
Where is it legal to buy weed in New York?
Licensed adult-use cannabis dispensaries and retailers have been operating in New York since late 2022. As long as you have a government-issued ID and are 21 or older, you can visit a licensed dispensary and purchase cannabis for personal use.
Certified medical cannabis patients can purchase medical cannabis from state-regulated registered organizations operating medical cannabis dispensaries throughout the state.
You can also browse products from dispensaries in New York on Weedmaps.
Licensing
The Office of Cannabis Management (OCM) regulates the adult-use, medical, and cannabinoid hemp industries in New York and oversees how and when a person or business may apply for and receive a license.
The Marihuana Regulation & Taxation Act (MRTA) established a goal of awarding 50% of all adult-use cannabis licenses to Social and Economic Equity (SEE) applicants. By doing so, MRTA promotes the participation of individuals from communities disproportionately impacted by cannabis prohibition policies, minority and women-owned businesses, distressed farmers, and service-disabled veterans.
CAURD licenses
In March 2022, the New York State Cannabis Control Board (CCB), the approval and oversight body of the OCM, pledged to give the first 100-200 cannabis retail licenses to justice-involved individuals convicted of cannabis-related offenses before March 31, 2021.
These dispensaries are known as Conditional Adult-Use Retail Dispensaries (CAURD) and were the first dispensaries to open for legal adult-use recreational cannabis in New York. CAURD applications opened on August 25, 2022, and closed on September 26, 2022.
In 2024, the CCB approved a $5 million grant program for CAURD businesses.
The program launched on November 1, 2024, and offers up to $30,000 to CAURD licensees to support these businesses with rent, renovations, and security costs.
As of November 2024, New York's Cannabis Control Board approved a six-month extension for social equity retailers who were issued provisional CAURD licenses before August 7, 2023, to begin operations.
This new policy gives CAURD provisional license holders 30 months from the date of approval to launch their businesses.
Finding licensed cannabis businesses in New York
Medical marijuana cardholders and adults 21 and older can find licensed cannabis retailers in New York and filter by major metro areas.
Is weed delivery legal in New York?
Weed delivery for both adult-use and medical marijuana is legal in New York. Adult use consumers must present a government-issued ID establishing that they are 21 or older, and medical patients or their caregivers must present a medical marijuana registry ID card before delivery can be completed.
Licensed dispensaries and medical registered organizations can deliver cannabis products. Third-party delivery services are not allowed, but delivery licenses are being contemplated.
Where is weed consumption permitted in New York?
You can smoke or vape cannabis anywhere tobacco is allowed in New York State. Cannabis cannot be smoked or vaped in motor vehicles, restaurants, public parks, event spaces, or businesses.
You can consume cannabis in a private home or backyard, on a public street, in an apartment with the landlord's consent, and a motel or hotel as long as the property owner allows it.
Where is weed consumption prohibited in New York?
Smoking or vaping marijuana is not allowed wherever smoking tobacco is prohibited in New York. It is illegal to smoke or vape cannabis in motor vehicles, even if they are parked. It is also unlawful in restaurants, parks, event spaces, or any business, including cannabis dispensaries..
Vehicle and transport rules
Adults 21 and older can have up to 3 ounces of marijuana and up to 24 grams of concentrates in their vehicle as long as it is not stored in the passenger area of the car. It must be kept in a sealed area, like the trunk or glovebox.
Growing cannabis in New York
Under the OCM's rules for cultivating cannabis, adults and certified cannabis patients (or their caregivers) who are 21 or older can grow up to six cannabis plants (three mature and three immature) in their homes, but no residence can have more than 12 plants (six mature and six immature).
You can grow weed in any home you live in, whether you own or rent. That includes houses, apartments, mobile homes, co-ops, or other living spaces. Your landlord can't stop you from growing weed or penalize you for it unless they risk losing federal benefits.
You can keep up to 5 pounds of trimmed cannabis or the same amount in concentrates at your home or in your private residence.
Medical marijuana in New York
Benefits of medical marijuana versus recreational marijuana
- Lower or no taxes
- Certified medical patients have access to more potent marijuana products
- Medical marijuana products are available to certified patients of all ages as long as the medical patient has a qualifying medical condition and the required certification (and a primary designated caregiver if needed)
- A New York medical marijuana registry ID card allows medical patients to continue treatment uninterrupted in states with medical marijuana reciprocity with New York
Insurance coverage
While medical marijuana is legal in New York, health insurance companies are not required to cover the cost of medical marijuana products. However, if your insurance covers doctor visits, they cannot deny coverage for a visit just because you received a medical marijuana certification during that visit unless the medical cannabis certification was the sole purpose of the visit.
Application process
Qualifying patients must first be certified by a certifying practitioner registered with the Department of Health. You can also find a list of marijuana doctors in New York through Weedmaps. Patients must be New York residents or receive medical care or treatment in New York.
Medical cannabis patients will be automatically registered when certified by their healthcare provider, and the certification will include a registry ID number.
After certification, patients can visit a New York medical cannabis dispensary to purchase medical cannabis products. Their certification and government-issued ID will be required.
Qualifying medical conditions
Certified practitioners are allowed to recommend medical cannabis for any condition they feel can be treated with cannabis.
Below is a list of some common conditions.
- Alzheimer's Disease
- Amyotrophic Lateral Sclerosis (ALS), or Lou Gehrig's disease
- Autism
- Cancer
- Chronic pain
- Dystonia
- Epilepsy
- HIV/AIDS
- Huntington's disease
- Inflammatory bowel disease
- Multiple sclerosis
- Muscular dystrophy
- Neuropathy
- Parkinson's disease
- Post-traumatic stress disorder (PTSD)
- Rheumatoid arthritis
- Spinal cord injury with spasticity
- Substance-use disorder
Patients and caregivers
A certified patient may designate up to five caregivers. Patients can designate certain facilities as caregivers, although facility participation is optional.
After being designated by a patient, caregivers must register with the OCM to obtain a caregiver registry ID. Once approved, the caregiver can assist up to four patients in obtaining, possessing, and administering medical cannabis.
When purchasing medical cannabis, the caregiver must bring their caregiver registry ID, government-issued ID, and the patient's certification to the medical dispensary. Caregivers are allowed to possess up to a 60-day supply of cannabis. Cannabis must be in the proper consumption forms and dosages for the specified patients.
Patients unable to consent or under 18 must have one designated caregiver — either a parent or legal guardian. The caregiver will be automatically registered when the patient is certified by their healthcare provider.
Certifications or registry ID cards from other states are not accepted.
Legal history
After decriminalizing cannabis in 2019, New York passed the Marihuana Regulation and Taxation Act (MRTA) in March 2021. The bill legalized possessing and transporting up to 3 ounces (85 grams) of cannabis flower and up to 24 grams of cannabis concentrate for adults 21 and older.
The MRTA also established the OCM, which regulates the Empire State's recreational, medical, and cannabinoid hemp industries.
Medical cannabis was legalized in 2014 under New York's Compassionate Care Act for patients with qualifying conditions.
New York cannabis product safety and testing
All cannabis sold in New York must be tested for the following:
- Cannabinoid profile
- Microorganisms
- Heavy metals
- Pesticides
- Residual solvents
- And other contaminants
Registered medical organizations and adult-use licensees must have their products tested by laboratories licensed by the OCM.
Out-of-state visitors
Visiting New York? Adults 21 and older can purchase marijuana from an adult-use dispensary, subject to purchase limits. A government-issued ID will be required to make a purchase.
Only certified patients with a New York State medical cannabis registry ID can purchase approved medical cannabis products in New York State.
Transport restrictions
Flying with weed: Despite being legal in New York, marijuana remains a Schedule I controlled substance under federal law. Airports are considered federal property and are subject to federal law, meaning you can still be charged with a federal crime for possessing or consuming marijuana in a U.S. airport.
Driving with weed: Although you can drive with a legal amount of marijuana in your vehicle in New York, it's a federal crime to transport cannabis across state or international borders, so you can't take it back home or to another state or country with you.
FAQ
When is cannabis going to be legal in New York?
Now. Cannabis has been legal in New York for adults 21 and older since 2019.
How much weed is legal in New York?
For adults 21 and older, it is legal to possess up to 3 ounces (85 grams) of cannabis flower and up to 24 grams of cannabis concentrate.
Medical patients can keep a 60-day supply of whatever products their doctor approves.
Where can I smoke in New York?
You may smoke or vape cannabis wherever smoking tobacco is allowed. Cannabis cannot be smoked or vaped in motor vehicles, restaurants, public parks, event spaces, or businesses.
Can I go to a New York dispensary without a card?
Just bring your ID showing you're at least 21 for recreational adult-use retailers.
For medical dispensaries, you'll need both your certification and government ID. Caregivers need three things:
- Their government-issued ID
- Registry ID card
- The patient's certification
Can New York employers test for weed?
Employers in New York are prohibited from testing their employees for cannabis unless the employer is permitted to do so under the provisions of Labor Law Section 201-D(4-a) or other applicable laws.
Learn more about adult-use cannabis and the workplace.
When will adult-use dispensaries be open for business in New York?
Now! Licensed adult-use cannabis dispensaries and retailers began operating in late 2022.
Does New York state have tribal dispensaries?
Yes. New York has federally recognized tribes, several of which own and operate dispensaries on their land.
The information contained in this site is provided for informational purposes only and should not be construed as medical or legal advice. Weedmaps makes no representation that the content contained here is current, accurate, or without errors. This page was last updated on June 24, 2025.