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Adult-Use Cannabis Legalization
What You Need to Know
On March 31, 2021, New York State legalized adult-use cannabis (also known as marijuana, or
recreational marijuana) by passing the Marijuana Regulation & Taxation Act (MRTA). The legislation
creates a new Oce of Cannabis Management (OCM) governed by a Cannabis Control Board to
oversee and implement the law. The OCM will issue licenses and develop regulations outlining
how and when business can participate in the new industry. The new O
ce will also oversee the
State’s existing Medical Marijuana Program and Cannabinoid Hemp Program previously regulated
by the Department of Health. The Oce will ensure a smooth transition for all certified patients,
designated caregivers and licensees under both programs. The Oce will be sharing more
information soon, however, at this time, Medical Marijuana Program regulations remain the same.
The legalization of adult-use cannabis is an enormous public policy shift aecting many facets
of society. The regulatory framework outlined in the MRTA will take time to develop and will
require input from communities and stakeholders throughout the state. While there are currently
no stores open to purchase adult-use cannabis, the possession and use of cannabis for adults
21 years of age and older in accordance with the MRTA, is now legal. The table below outlines
key components of the new law to help keep New Yorkers’ safe and compliant. For additional
information or to contact the Office of Cannabis Management, please visit our website at:
cannabis.ny.gov or e-mail us at: info@ocm.ny.gov.
Adult-Use Cannabis is only legal for adults over 21
Like for alcohol, only adults 21 years of age or older may possess and use adult-use cannabis.
Possession of Adult-Use Cannabis
Adults over 21 can possess up to 3 ounces of cannabis and 24 grams of concentrated cannabis
(like vaporization oil or an edible). Adults may possess up to five pounds of cannabis at their
personal residence or grounds.
Secure your Adult-Use Cannabis
All cannabis should be stored securely and kept away from individuals under 21.
Driving While High
Cannabis impairs you. It is illegal and dangerous to drive under the influence of cannabis. You can
be charged with a DUI and are subject to the same penalties as driving drunk.
Restrictions on where you can use
Cannabis cannot be consumed when operating a motor vehicle. The smoking of cannabis is
prohibited anywhere smoking tobacco is prohibited. Be aware landlords, property owners and
rental companies can still ban the use of cannabis on their premises.
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Employment Restrictions
While it is legal for adults 21 years or older to consume cannabis, employers can still enforce
policies that prohibit impairment on the job. Employers are not required to commit any act that
would cause them to violate federal law or lose federal funding.
Crossing State Borders
Since cannabis is illegal federally, you cannot cross state or international borders in possession of
cannabis. It is also illegal to possess and use cannabis on federal lands or property.
Growing Your Own Cannabis at Home
Growing cannabis at home for personal use is not permitted under the new law until the Cannabis
Control Board adopts regulations outlining the rules. These rules are required to be in place within
eighteen months of the first retail sale of adult-use cannabis in New York State.
Responsible Use
Cannabis does not aect everyone the same. If you haven’t used cannabis before, or it has been a
while, it’s good to “start low and go slow”. Cannabis should always be used responsibly and never
before driving, operating heavy machinery or making important decisions.
Health Eects
Cannabis use has health consequences. If you are pregnant or breast feeding, have been
diagnosed or are predisposed to having a serious mental illness, have a history of respiratory or
cardiovascular illness, or are currently taking any prescription medication – talk with your health
care provider before use.
How will I know if cannabis use becomes a problem?
Talk to your health care provider or a substance use counselor if your think your cannabis use is
disrupting your daily life or causing problems at work or home, or if you crave cannabis. You can
also call the Oce of Addiction Services and Supports (1-877-846-7369) or visit oasas.ny.gov to
learn more about addiction treatment.
