New York Laws

Approved Conditions

  • Cancer
  • HIV / AIDS
  • ALS (Lou Gehrig’s disease)
  • Multiple sclerosis
  • Parkinson’s disease
  • Multiple sclerosis
  • Spinal cord damage causing spasticity
  • Epilepsy
  • Inflammatory bowel disease
  • Neuropathies
  • Huntington’s disease
  • The Department of Health commissioner has the discretion to add or delete conditions

Possession by Qualified Patients

  • 30-day supply (to be determined by the health commissioner during the rule making process or by the physician)
  • Smoking will not be allowed.

Requirements to Obtain a Medical Marijuana Card

  • May possess a total of no more than 24 ounces of usable marijuana, and no more than 15 plants

Requirements to Obtain a Medical Marijuana Card

  • Must be diagnosed by a licensed physician for possessing one of the approved medical conditions
  • Must be a resident of the state of New York with valid form of identification

Sale or Delivery

  • 2g or less without profit or 1 marijuana cigarette: misdemeanor (3 months imprisonment and/or $500 fine)
  • 25g or less: misdemeanor (1 year imprisonment and/or $1,000 fine)
  • More than 25g – 4oz: felony (4 years imprisonment and/or $5,000 fine)
  • More than 4 oz – 1 lb: felony (7 years imprisonment and/or $5,000 fine)
  • More than 1 lb: felony (15 years imprisonment and/or $15,000 fine)
  • Using a child to assist: felony (4 years imprisonment and/or $5,000 fine)
  • To a minor: felony (7 years imprisonment and/or $5,000 fine)

Driving Under the Influence of Marijuana

  • Illegal to drive while under the influence of marijuana
  • Any amount of marijuana found in the driver’s blood or urine will establish that the driver was under the influence
  • Penalties:
Number of Convictions Fines Jail Time License Suspension Additional penalties that may apply
First Conviction a fine of between $500 and $1,000 up to one year in jail up to 6 months n/a
Second conviction (within 10 years) a fine of between $1,000 and $5,000 at least 5 days in jail (and up to 4 years in prison) up to one year may be ordered up to 30 days of community service; and participation in an alcohol or substance abuse education or treatment program
Third and subsequent convictions a fine of between $2,000 and $10,000 at least 7 days in jail (and up to 7 years in prison) at least one year of license suspension Required to use an ignition interlock device after the suspension period ends