|Possession Legality||decriminalized (unless open to public view)|
|Transport Legality||not clearly stated|
|Notes||On July 14, 2014, New York legalized medical marijuana when Governor Andrew Cuomo signed the Compassionate Care Act into law. The legislation only allows patients to ingest cannabis using edibles, oils, pills, or vaporization, and does not allow smoking of the plant material.|
Laws, Limits and Penalties
|25 g or less (first offense)||Not Classified||N/A||$ 100|
|25 g or less (second offense)||Not Classified||N/A||$ 200|
|25 g or less (third offense)||Not Classified||15 days||$ 250|
|More than 25 g - 2 oz||Misdemeanor||3 months||$ 500|
|More than 2 - 8 oz||Misdemeanor||1 year||$ 1,000|
|More than 8 oz - 1 lb||Felony||4 years||$ 5,000|
|More than 1 - 10 lbs||Felony||7 years||$ 5,000|
|More than 10 lbs||Felony||15 years||$ 15,000|
|In public view||Misdemeanor||90 days||$ 250|
|2 g or less without profit or 1 marihuana cigarette||Misdemeanor||3 months||$ 500|
|25 g or less||Misdemeanor||1 year||$ 1,000|
|More than 25 g - 4 oz||Felony||4 years||$ 5,000|
|More than 4 oz - 1 lb||Felony||7 years||$ 5,000|
|More than 1 lb||Felony||15 years||$ 15,000|
|Using a child to assist||Felony||4 years||$ 5,000|
|To a minor||Felony||7 years||$ 5,000|
|Any amount||Felony||15* - 25 years||$ 100,000|
|* Mandatory minimum sentence|
|Any amount||Misdemeanor||1 year||$ 1,000|
|Cultivating marijuana is also possessing marijuana under current case law. See penalty details section below.|
|Hash & Concentrates|
|Possession of less than 1/4 oz||Misdemeanor||1 year||$ 1,000|
|Possession of 1/4 - less than 1 oz||Felony||7 years||$ 5,000|
|Possession of 1 oz or more||Felony||15 years||$ 15,000|
|Sale||Felony||15 years||$ 15,000|
|Possession or sale of scales or balances for the purpose of weighing or measuring marijuana||Misdemeanor||1 year||N/A|
|Subsequent offense||Felony||7 years||$ 5,000|
|Civil Asset Forfeiture|
|Property can be seized if convicted of a felony.|
|Mandatory driver's license suspension of 6 months for youthful offenders.|
The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.
This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold.
This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. .
Mandatory Minimum Sentence
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see: Medical Use.