Navigating newly implemented cannabis laws can be challenging. This article will discuss some of the key New York cannabis regulations related to purchase, consumption, cultivation, and more. Here’s everything that you need to know about the 2023 New York cannabis laws.
Cannabis can be purchased from licensed retail dispensaries across the state. You are allowed to purchase up to 3 ounces of cannabis at a time. For cannabis concentrate, the limit is 24 grams. Possession above these amounts but less than 16 ounces of cannabis or less than 141.75 grams of concentrated cannabis is a non-criminal offense that can be fined a maximum of $125. Anything above that amount can result in criminal charges.
Cannabis product that has been lab tested to ensure quality will display a yellow triangle displaying a cannabis leaf and “THC!” on the label. You can also scan the QR code or visit the URL listed on the packaging to view a certificate of analysis for the product you wish to purchase.
Cannabis can be smoked in the privacy of your own home and in any public location where smoking tobacco is permitted. However, it cannot be smoked in cars, workplaces, within 100 feet of a school, on college campuses, and in other public places where smoking is banned.
Yes, cannabis can be gifted in amounts within the legal possession limit. However, it cannot be in exchange of money, goods, or services. The recipient also has to be over the age of 21.
Yes, as per the Marijuana Regulation and Taxation Act (MRTA), past convictions for activities that are now legal under the law will be expunged. Convictions for charges made per the penal codes below will be automatically expunged. Anything not on this list will need to be addressed through the court system.
No, it is illegal to transport cannabis across state lines, even if both states have legalized it. This is due to cannabis still being illegal at the federal level.
Yes, adults 21 and over are allowed to cultivate up to six plants per person at home — 3 mature plants and 3 immature plants. There is a maximum of 6 mature plants and 6 immature plants, irrespective of the number of occupants. Plants over this amount can result in misdemeanor charges, up to one year in prison, and a fine of up to $1,000. Since plants also count as possession, additional charges may also apply based on the number of plants you possess.
Yes and no, employers are prohibited from discriminating against employees based on legal cannabis use. However, an employee can be fired for being impaired while on the job.
No, you cannot be arrested or searched based solely on the basis that you smell of cannabis or the smell of burned cannabis is present. The exception to this is if you are pulled over for suspicion of driving under the influence of cannabis. If an officer believes you are operating a vehicle while affected by cannabis products based on the smell of cannabis on you or in your vehicle, those areas that are accessible to you while driving can be searched. If it is determined you are driving under the influence, you may be arrested.
New York’s laws promote social equity by prioritizing licenses for those in communities that were disproportionately impacted by previous drug laws. Additionally, 40% of the state's cannabis tax revenue will go to a community reinvestment fund.
A 13% sales tax is levied on the retail sale of cannabis: 9% goes to the state, and 4% goes to the local municipality. Additionally, a distributor tax is charged when the product is sold from wholesaler to retailer at the following rates:
New York offers numerous types of cannabis business licenses. The application fees for the individual licenses can be found on the NY Office of Cannabis website.
Dispensaries cannot be located within 500 feet of a school or 200 feet of a place of worship or within 1000-2000 feet of one another, based on the size of the municipality. They must be in a location that doesn’t impact normal foot traffic. Additionally, municipalities can opt out of allowing retail dispensaries, so the availability may vary depending on the city or town.
If you are looking to become one of the budding entrepreneurs opening a cannabis business in New York, you might be interested in attending one of the hot events taking place in New York to learn more about the emerging market. For those opening a dispensary, one of the best tools to help navigate cannabis compliance is industry-specific software to accomplish your day-to-day tasks. KayaPush’s software will help you simplify payroll, time tracking, and employee management. Book a free demo to get started!
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-Marry Ann from Riverside Wellness-