New York

Mandatory Minimum Sentence
Medical Marijuana
Drugged Driving
Summary of New York
Year Law Last Passed 2014
How Law Was Passed Assembly Bill 6357 (117-13 A; 49-10 S)
Possession Limit 30-day supply non-smokable marijuana

Laws, Limits and Penalties

Offense Penalty Incarceration   Max. Fine  
25 g or less * Violation N/A $ 50
More than 25 g - 2 oz * Violstion N/A $ 200
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 Violation N/A $ 200
* The law takes effect August 28, 2019.
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.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. 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. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.


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.

Medical Marijuana

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.