Cannabis laws in New York, everything you need to know

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Map of New York City with marijuana plants in the background
Map of New York City with marijuana plants in the background

 

New York State has always had a close relationship with marijuana So much so that at the end of the 19th century there were more than 500 hashish lounges in New York City alone. But in the 20th century everything changed, as it happened in the rest of the world, this region of the Northwest of the USA prohibited cannabis in all its forms, and began a persecution that has lasted almost until now.

Fortunately, in recent years New York’s cannabis laws have improved from the point of view of marijuana users, and today it can be used legally in many cases, although there is still a long way to go before it reaches normality. absolute. If you want to know what you can do in this state, and what can cause problems for you, read what follows because it interests you.

It could be said that the law of the state of New York regarding marijuana is of intermediate harshness, more restrictive than that of California, Oregon or Colorado, but more permissive than that of Texas , Wyoming or other states in this country.

You have to differentiate between the use of medicinal and recreational cannabis, because in New York you can easily access the former, but you can have problems if you consume, possess, or grow marijuana without permission from the authorities.

 

 

⭐ Is medical cannabis legal in New York

 

Yes, as long as you are certified patient and resident in this state, but first you have to get the registration and identification card, something that is not very complicated. All you have to do is sign up for the MMP, which is New York’s medical cannabis user registration program.

The essential requirement to obtain the card that gives the right to buy marijuana in authorized dispensaries is to be a permanent or temporary resident in this state, and that an authorized doctor can certify that you suffer from any of the pathologies for which cannabis has been shown it is an effective treatment.

The fee that must be paid to receive the medical card is $ 50, and it has an expiration date, so it must be renewed from time to time. As in other states, in New York a cannabis medical patient can designate a caregiver to take care of the supply of the medicine, but this has to go through the same registry as the patient.

The legislators of this state understand that cannabis can be therapeutic in all its forms except smoked, but there are still restrictions also for edibles, which are only allowed if they contain CBD.

 

 

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⛳ What are the diseases that count as treatable with cannabis in New York?

 

  • Amyotrophic lateral sclerosis (ALS) or Lou Gehrig’s disease
  • Cancer
  • Chronic pain lasting three months or more
  • Epilepsy
  • HIV / AIDS
  • Huntington’s
  • disease Inflammatory bowel disease
  • Multiple sclerosis
  • Neuropathy
  • Opioid or substance use
  • disorder Parkinson’s disease
  • Pain that degrades health and functional ability
  • Post-traumatic stress disorder (PTSD)
  • Spinal cord injury with spasticity

A serious, debilitating, or life-threatening condition accompanied by one or more of the following associated or complicated conditions:

  1. Cachexia or wasting syndrome
  2. Opioid use disorder
  3. Seizures
  4. Pain severe or chronic Severe
  5. nausea
  6. Severe or persistent muscle spasms

 

 

✨ Where can you buy medical cannabis in New York?

 

There are quite a few dispensaries throughout the state, and some even allow online orders with home delivery. Patients or their caregivers must present the medical card and the certification that accredits them as a consumer of medical marijuana.

The daily consumption limits are stipulated by the doctor according to the special situation of each pathology, and the patient or their caregiver can buy up to a maximum supply for 30 days of prescribed consumption. All purchases are recorded in the New York State Prescription Monitoring Program database.

 

Cannabis laws in New York -sanctions and permitted uses-.
Requirements for access to medical marijuana and cases in which its use is allowed.

 

 

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👌 Can you use marijuana in a recreational way in New York?

 

Although recreational marijuana is not legal in this state, in 2019 the possession of small amounts was decriminalized. As long as 2 ounces (57 grams) are not exceeded, the fine will not be greater than $ 200, and when an ounce is not exceeded the fine is only $ 50. The best thing is that they are not cumulative penalties as happened before, or as still happens in other places. With the new law also , all the minor crimes related to this plantwereerased that existed until that moment.

The fines and penalties for large quantities have not changed, the cultivation, trafficking, or possession of a quantity greater than 2 ounces continues to be strongly penalized. Many people thought that New York would be one of the states that was going to totally decriminalize cannabis for this year, but due to differences over the fairness provisions, there was no consensus in the end.

 

 

☕ What are the penalties for large amounts of cannabis?

 

On the website of the NORML association you can consult the penalties faced by cannabis users in this state. Possession of marijuana from 2 ounces to 8 ounces is a class A misdemeanor and is punishable by up to 1 year in prison and a fine not to exceed $ 1,000. Possession of marijuana between 8 and 16 ounces is a class E felony and is punishable by not more than 4 years in jail and a fine not to exceed $ 5,000.

Possession of marijuana of more than 16 ounces and less than 10 pounds is a class D felony and is punishable by up to 7 years in prison and a fine not to exceed $ 5,000. Possession of marijuana over 10 pounds is a class C felony and is punishable by not more than 15 years in prison and a fine not to exceed $ 15,000.

The cultivation of cannabis plants is considered possession, so the amount seized could be equated with the penalties described above. Hopefully this will change in the short term in New York, and consumers will be able to grow the necessary marijuana to supply their consumption.

 

Other Important Cannabis-Related Penalties in New York

Exchanging without payment or gift of less than 2 grams, and / or a joint of marijuana is a class B misdemeanor and is punishable by not more than 3 months in prison. Selling any amount of marijuana to a person under the age of 18 is a class D felony and is punishable by up to 7 years in prison and a fine of up to $ 5,000.

Selling marijuana in an amount of 25 grams or less is a class A misdemeanor and is punishable by up to 1 year in prison and a fine of not more than $ 1,000. Selling marijuana in an amount greater than 25 grams and less than 4 ounces is a class E felony and is punishable by up to 4 years in prison and a fine not to exceed $ 5,000.

The sale of marijuana in an amount between 4 and 16 ounces is a class D felony and is punishable by up to 7 years in prison and a fine not to exceed $ 5,000. Selling marijuana in an amount greater than 16 ounces is a class C felony and is punishable by up to 15 years in jail and a fine of not more than $ 15,000.

Using a minor as an intermediary in the sale of marijuana is a class E felony and is punishable by no more than 4 years in prison and a fine of less than $ 5,000. This offense includes hiding marijuana from a child or ordering him to assist in a marijuana sale.

Possession of any quantity of concentrated cannabis up to a quarter ounce (7 grams) is a class A misdemeanor, punishable by up to 1 year in prison and a fine not to exceed $ 1,000. Possession of a quarter to an ounce of cannabis extract or concentrate is a class D felony, punishable by up to 7 years in prison and a fine of no more than $ 5,000.

Possession of an ounce or more of concentrated cannabis is a class C felony, punishable by up to 15 years in jail and an administrative penalty of not more than $ 15,000. Selling any quantity of concentrated cannabis is a class C felony subject to a prison term of not more than 15 years and a fine not to exceed 15,000 turkeys. 

Selling any amount of concentrated cannabis on a school bus, on the grounds of a daycare or educational facility, or in a public access area within 1000 feet of the actual property line of such facility is a felony of Class B subject to no more than 25 years in prison and a fine of no more than $ 30,000. The sale of any quantity of concentrated cannabis by a person 21 years of age or older to a person 17 years of age or younger is a class B felony subject to a jail term of not more than 25 years and a fine not to exceed $ 30,000.

 

Cannabis laws in New York -sanctions and permitted uses-.
Penalties for marijuana use

 

 

📖Conclusion

 

As you may have observed, the state of New York has better laws than others in the USA, although much worse than those of the most advanced in this regard. We want to think that in a period of less than 5 years, this and other states on the east coast will adapt to the legislation created in most places on the west coast, where cannabis users can consume almost completely freely.

 

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Fran Quesada Moya
Fran Quesada Moya

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