The legislation established rules for growing cannabis at home and personal possession of cannabis outside the home.

Adults age 21 and older are allowed to:

• Possess up to 3 ounces of cannabis and 24 grams of cannabis concentrate outside of their home
• Possess up to 5 pounds of cannabis in their private residence, which must be kept in a secure location away from children
• Smoke cannabis anywhere that tobacco can be smoked

Home Cultivation

Adults 21+ can cultivate cannabis at home.

New Yorkers 21 years and older can grow up to six plants in their home for personal use (3 mature plants and 3 immature plants) and a maximum of twelve plants per household (6 mature plants and 6 immature plants), even if there are three or more adults 21 and over in the residence.

• Reasonable measures must be taken to prevent cannabis odor from becoming a nuisance to neighboring residents such as co-planting items like lavender in an outdoor garden or using a carbon filter for indoor cultivation.
• Cannabis plants must be kept in a secure place and not accessible to any person under 21.
• It is illegal to sell, trade, or barter with homegrown cannabis.
• The use of flammable materials is prohibited.

Learn more about the legalization of adult-use cannabis.

Patients can consume and cultivate cannabis if approved by a certified New York State health care provider. The legislation also allows people with a larger list of medical conditions to access medical marijuana and increase the number of caregivers allowed per patient. 

If you are a patient and your certification expires, you can speak with your certifying health care provider and they will issue you a new, updated patient certification if appropriate.

If you are a New York State licensed practitioner, you can learn how to certify patients for medical cannabis. 

Patients and providers can get more information online.

Learn more about the Medical Cannabis Program.

Employment and Cannabis Use

For information about cannabis use as it relates to your employment reach out to the human resources department of your employer.

Workplace Protection

The legislation prohibits employers from taking negative action against employees for the use of cannabis outside of work hours, off the employer’s premises and without the use of the employer’s equipment or other property (there are limited exceptions).

As of May 10, 2020, covered employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition of employment. Learn which employers are covered by this rule and which jobs are exempt. 

If you feel you are being discriminated against, go to the Discrimination page, for more information.

Traffic Safety

The use of cannabis by drivers remains prohibited and carries the same penalties as it does currently.

The New York State Department of Health (DOH) will work with institutions of higher education to conduct a research study designed to evaluate technology and methods for the detection of cannabis-impaired driving. After completion of the research study, DOH may create and implement rules and regulations to approve and certify a test for the presence of cannabis in drivers. 

The legislation includes additional funding for drug recognition experts and law enforcement to ensure safe roadways.

The cannabis penalty framework will be restructured to avoid criminalization. Reduced penalties will be implemented for possession and sale.

The law will:

• Remove records of those with past convictions for cannabis-related offenses that are no longer criminalized (must be completed within 2 years) 
• Ensure that cannabis is treated as a lawful substance and prevent discriminatory enforcement