What You Need to Know in 2025 About Cannabis Legalization in New York State

New York State’s recent cannabis legalization has introduced sweeping changes, impacting both individual rights and regulatory frameworks. With the establishment of the Office of Cannabis Management (“OCM”), expanded access to medical cannabis, and the legalization of recreational use, understanding the specifics of these laws is crucial for residents and businesses alike. Below, we break down the ten essential aspects of cannabis legalization in New York.

1.     Legal Age and Personal Use

Adults aged twenty-one and older can now recreationally purchase, possess, and use cannabis or related cannabis products within New York State.

2.     Federal Law and Campus Restrictions

While several state’s laws have been amended to legalize cannabis, federal regulations remain stringent. Cannabis use is prohibited on college campuses due to the Drug-Free Schools and Communities Act, and students could face disciplinary action for cannabis use on campus, regardless of its legality under state law.

3.     Possession Limits and Legal Quantities

Individuals can carry and transport up to three (3) ounces of cannabis and twenty-four grams of concentrates within the state. Exceeding these limits can result in civil or criminal penalties.

4.     Gifting Cannabis

Sharing cannabis with another adult aged 21 or older is permissible, however, it is illegal to trade or barter cannabis in exchange for anything of value.  

5.     Paraphernalia

Ownership of cannabis paraphernalia, such as pipes, vaporizers, or grinders, is now legal under New York law, which marks a significant shift, reducing previous legal risks associated with possession of such items.

6.     Home Cultivation

New York law permits a person to grow up to three (3) mature and three (3) immature plants at any one time, but no residence can have more than six (6) mature and six (6) immature plants at any time.   Individuals may also have up to five (5) pounds of trimmed cannabis and the equivalent weight in concentrates in or on the grounds of their private residence.

7.     Criminal Penalties for Excessive Possession and Sale

Despite legalization, New York State imposes strict penalties for exceeding allowed possession or engaging in unauthorized sales:

• More than 3 ounces of cannabis: Criminal violation
• Over 16 ounces or 5 ounces concentrated: Misdemeanor
• Excess of 5 pounds or 2 pounds concentrated: E felony
• Over 10 pounds or 4 pounds concentrated: D felony
• Sale exceeding one hundred pounds: C felony

8.     Sealing Prior Cannabis-Related Convictions

Individuals with prior cannabis-related convictions may qualify for record sealing. Eligible candidates can seal up to two offenses, with only one of the offenses being a felony. To qualify, 10 years must have passed since the conviction or the individual’s release from incarceration.

9.     Driving Under the Influence

Driving while impaired by cannabis remains a criminal offense under Vehicle and Traffic Law § 1192(4). Impaired driving is dangerous and carries severe legal repercussions, emphasizing the importance of responsible cannabis use.

10.  Limits on Searches and Arrests

Law enforcement in New York can no longer rely on the smell or presence of cannabis as a basis for arrests or searches. Exceptions apply in cases involving suspected impaired driving under Vehicle and Traffic Law § 1192(4). This change aims to reduce unnecessary legal entanglements while promoting fair enforcement.

Responsible Cannabis Consumption is Key

While the legalization of cannabis offers opportunities for lawful use, it is essential to use cannabis responsibly. Cannabis affects cognition and impairment, making it unsafe to consume before driving or operating machinery. Stay informed, act responsibly, and embrace the opportunities while respecting the boundaries established by the law.

Be sure to check out our blog on “10 Things to Know about Marijuana Legalization in New York”.

For individuals and businesses seeking guidance on how cannabis legalization impacts them, or to explore options for sealing prior convictions, consulting with legal professionals is highly recommended.