• Possess up to 3 ounces of marijuana or 24 grams of concentrated cannabis in public or in your home if you are 21 or over.
• Smoke marijuana in public anywhere you can smoke cigarettes. However, you can be ticketed for smoking in schools, offices and public parks. You cannot smoke on NYCHA property.

• To sell marijuana without a license.
• Grow your own marijuana. Eventually you will be able to possess up to 5 lbs and grow up to 6 plants in your home.
• Possess more than the legal amount of marijuana. Possession of more than 3 ounces is a violation. Possession of more than 16 ounces is still a crime.
• Drive under the influence of marijuana.

The police can not stop and search you based solely on the odor of marijuana unless you are driving a car.

• There are significant provisions in the law that give business opportunities and money back to communities most impacted by the war on drugs.
• New York State is forming rules and regulations about licenses and will oversee how money is distributed to communities.
• The first licenses are not expected to be issued until 2022.

Under New York’s 2021 legalization law, several old and new penal law marijuana convictions will be automatically expunged. This process is automatic and does not require a lawyer. You will get this benefit if you were convicted of possessing up to 16 oz or selling up to 25 grams.

If you have a conviction that is not eligible for automatic expungement, you may be eligible to apply to vacate your conviction or reduce your sentence. Click here for full information on expungement and your options for vacatur or a reduced sentence.

In most cases, lawful cannabis use can NOT be used against you for:

• Housing (unless the landlord would lose a federal benefit)
• Employment (most employers can’t require THC drug tests or deny employment based on use)
• Child Custody (legal use can not be the basis of a case or denial of foster care approval)
• Education (unless there is a religious exemption or would lose a federal benefit)
• Professional Licensing
• Medical Care

Marijuana is still illegal under federal law. This means that there could still be negative immigration consequences for you even though it is now legal in New York State. If you are not a US citizen, speak with an immigration attorney before you consider getting involved in any marijuana business, apply for a medical marijuana card, or to see if there is something else you need to do about your conviction record. 

Also continue to be careful about consuming marijuana, posting images on social media, or making any admissions about using it to immigration authorities.

• Additional information and training materials can be found here.
• Relevant forms and information are also available on the Court’s website.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.