However, the state’s first legal marijuana sales will be at least a year away while the state establishes a regulatory apparatus to govern the cannabis business.
New York’s new marijuana law allows for the cultivation, sale, and possession of cannabis products, including marijuana, with citizens eventually being able to cultivate plants at home.
The law was passed primarily along party lines, with the majority of Democrats voting in favor and the majority of Republicans voting against it.
The Marijuana Regulation and Taxation Act will do the following:
- How old do you have to be to possess marijuana legally?
- What is the maximum amount of marijuana you can legally possess?
- Where are you going to be able to purchase marijuana?
- What percentage of marijuana sales will be taxed?
- Who will be in charge of New York’s marijuana system?
- Which kind of marijuana possession and selling would remain illegal?
- I was found guilty of a drug offense. Will my criminal record be cleared?
- When will legal marijuana be available for purchase?
- Will I be able to cultivate marijuana at home?
- How old do you have to be to possess marijuana legally?
Anyone above the age of 21 is affected by the bill. If you are under the age of 21, it is still unlawful to possess, purchase, or use marijuana.
What is the maximum amount of marijuana you can legally possess?
According to the bill, it is now legal in New York for those over the age of 21 to possess, exhibit, acquire, obtain, or transport up to three ounces of online dispensary Canada and up to 24 grams of concentrated cannabis.
Cannabis or concentrated cannabis products, including marijuana, can be used, smoked, ingested, or consumed by people of legal age, according to the bill. They also have the option of giving it to anyone above the age of 21.
For the time being, New York is in a gray area: while it is legal to possess marijuana, it is not yet lawful to sell it. That won’t happen until the state distributes various licenses for cultivating and dispensing marijuana and provides the go-ahead for sales to begin, which can’t happen until April 1, 2022 at the earliest, according to the law.
You’ll eventually be permitted to keep up to five pounds of marijuana in your home, but that won’t happen until home grow laws are in place, which may take up to six months for medical marijuana patients and up to two and a half years for everyone else.
Where are you going to be able to purchase marijuana?
New York’s plan allows the state to grant a range of cannabis licenses, including those for producers, processors, distributors, and retail locations.
Consumers will be able to buy marijuana from one of two types of websites:
People will be able to buy cannabis items and take them home from retail dispensaries, which will effectively be shops.
Adult-use consumption venues, which will be similar to lounges where people may buy marijuana and use it right there on the spot.
What percentage of marijuana sales will be taxed?
According to the measure, marijuana sales will be taxed at a rate of 14%.
Nine percent will go to the state, three percent to the city, town, or village where the sale is made, and one percent to the county.
According to the bill, when cannabis is sold from distributors to retailers, a fee will be charged based on THC content: 0.5 cents per milligram for flower, 0.8 cents per milligram for concentrated cannabis, and 3 cents per milligram for edibles.
The state’s share of marijuana tax revenue, which is projected to reach $350 million per year once fully implemented, will be divided into three parts. According to the plan, 40% will go to grants for communities disproportionately harmed by previous drug prohibitions, 40% will go to schools and education, and 20% will go to drug treatment and education initiatives.
Who will be in charge of New York’s marijuana system?
The law will establish a new Office of Cannabis Management to supervise and enforce laws for the whole business, including recreational, medical, and hemp marijuana.
The governor and legislative leaders will appoint a board to administer the office. The governor will also designate an executive director to the office.
Which kind of marijuana possession and selling would remain illegal?
When someone has or shows more than three ounces of cannabis flower or 24 grams of concentrated cannabis, penalties will begin to apply.
Possessing more than 10 pounds of flower or four pounds of concentrated product would result in a Class D felony, ranging from a minor infraction to a felony.
Anyone selling marijuana or cannabis products without a license would face criminal penalties. They can range from a minor infraction to a Class C felony if the weight exceeds 100 pounds.
Driving under the influence of marijuana will also remain illegal, but there is still a lot of dispute over how to enforce it.
The law mandates that the state Department of Health investigate the usage of saliva-based marijuana tests and provide a recommendation on whether they should be used in the future.
I was found guilty of a drug offense. Will my criminal record be cleared?
Your record will be automatically wiped if you were convicted of a previously unlawful act related to cannabis that the bill legalizes.
The state Office of Court Administration is required by law to search its records and decide if records include a crime that should be expunged. According to the bill, the office will have up to two years to complete the tax.
When will legal marijuana be available for purchase?
The law does not specify a start date for legal marijuana sales, but it will almost definitely be months before that happens.
Only once the state provides cultivation, processing, and sales licenses will legal sales commence.
That will take time: the governor and legislative leaders must designate persons to the Office of Cannabis Management and its accompanying board, then approve regulations and go through the license-issuing procedure.
The law’s tax system won’t take effect until April 1, 2022, which appears to be the earliest possible start date for legal sales.
Will I be able to cultivate marijuana at home?
Yes, but it won’t be for a while.
Every New Yorker over the age of 21 can cultivate up to three mature and three immature cannabis plants at a time, with a total of 12 plants per household allowed under the law.
If you’re a qualified patient in the state’s medicinal marijuana program, you can start cultivating as soon as the law takes effect — as long as the Office of Cannabis Management has established growing standards by then, which it will be legally compelled to do.
The wait for recreational users will be longer: growing can’t start until up to 18 months after the first legal sales at dispensaries or consumption places, which may be as late as 2023 or 2024. It will depend, once again, on when the state’s regulations are finalized.