New York Marijuana Laws: What Is Legal in 2026?

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Marijuana is legal in New York for both recreational and medical use. Adults 21 and older may legally possess, purchase and use marijuana within state limits, and home cultivation is now permitted for adults under rules established by the New York Office of Cannabis Management.

New York legalized recreational marijuana in March 2021 when the Marijuana Regulation and Taxation Act was signed into law. Licensed adult-use retail sales began in December 2022 and have since expanded across the state.

This page provides an overview of New York marijuana laws in 2026, including possession limits, home cultivation, dispensaries, medical marijuana, taxes, public use and other important rules. For a nationwide overview, see The Marijuana Herald’s guide to marijuana laws by state.

Last updated: September 12, 2026

New York Marijuana Laws at a Glance

Is Recreational Marijuana Legal in New York?

Yes. Recreational marijuana is legal in New York for adults 21 and older.

State law allows adults to possess, purchase, obtain and transport up to three ounces of marijuana and up to 24 grams of concentrated marijuana. Adults may also use marijuana unless consumption is prohibited at the particular location.

New York legalized marijuana through the Marijuana Regulation and Taxation Act, commonly known as MRTA, which took effect March 31, 2021.

Licensed recreational sales began in December 2022.

How Much Marijuana Can You Possess in New York?

Adults 21 and older may legally possess:

• Up to 3 ounces of marijuana
• Up to 24 grams of concentrated marijuana

These limits generally apply to marijuana carried in public, including marijuana being transported in a vehicle.

Possessing more than the legal limit can result in civil or criminal penalties depending on the amount.

For example, possessing more than three ounces of marijuana or more than 24 grams of concentrate is a violation punishable by a fine of up to $125. Larger quantities can result in misdemeanor or felony charges.

How Much Marijuana Can You Keep at Home in New York?

New York allows substantially more homegrown marijuana to be kept at a private residence than a person may carry in public.

Adults who legally cultivate marijuana may possess up to five pounds of marijuana produced by their plants at their private residence.

Marijuana grown at home must be stored securely, and reasonable steps must be taken to prevent access by anyone younger than 21.

The five-pound home limit does not mean an adult may carry five pounds outside the residence. The normal public possession limits of three ounces of marijuana and 24 grams of concentrate still apply.

Can You Grow Marijuana at Home in New York?

Yes. Recreational home cultivation is legal in New York.

Adults 21 and older may cultivate up to:

• 3 mature marijuana plants
• 3 immature marijuana plants

However, there is a household maximum of:

• 6 mature plants
• 6 immature plants

This means a residence may have no more than 12 marijuana plants at one time, regardless of how many adults live there.

Adult-use home cultivation became legal June 26, 2024.

Plants may be grown indoors or outdoors at a person’s private residence. Outdoor plants cannot be plainly visible to the public, and plants must be kept secure and inaccessible to people younger than 21.

Homegrown marijuana cannot legally be sold, traded or bartered.

Can Cities Ban Home Marijuana Cultivation?

No. Local governments may establish reasonable rules governing home cultivation, but municipalities cannot completely prohibit adults from growing marijuana at home.

Local rules may address issues such as safety and nuisance conditions. State regulations also require growers to take reasonable measures to prevent marijuana odors from becoming a nuisance to neighboring residents.

Are Marijuana Dispensaries Legal in New York?

Yes. New York has a regulated adult-use marijuana market overseen by the Office of Cannabis Management and Cannabis Control Board.

Adults 21 and older may purchase marijuana products from businesses licensed by the state. The legal market includes storefront dispensaries as well as authorized delivery operations.

Licensed products are subject to state testing, packaging and labeling requirements.

Consumers should verify that a store is licensed because New York has also faced a substantial unlicensed marijuana market. The Office of Cannabis Management maintains a list and map of legal dispensaries and requires licensed stores to display an official dispensary verification tool near the entrance.

How Much Marijuana Can You Buy in New York?

Adults are subject to New York’s legal possession limits, meaning they may possess up to three ounces of marijuana and 24 grams of concentrated marijuana.

A person cannot legally exceed those limits simply by purchasing marijuana from multiple dispensaries.

Products sold at licensed recreational stores may include marijuana flower, pre-rolls, concentrates, edibles, beverages, tinctures and other state-approved products.

Can You Give Marijuana to Another Adult in New York?

Yes.

A person who is at least 21 may give another adult 21 or older up to:

• 3 ounces of marijuana
• 24 grams of concentrated marijuana

No money, goods or services may be exchanged.

So-called gifting schemes in which someone sells another product and includes marijuana as a supposed free gift are not legal. New York considers arrangements involving compensation, barter or another commercial transaction to be unlawful sales.

Is Medical Marijuana Legal in New York?

Yes. New York operates a medical marijuana program overseen by the Office of Cannabis Management.

Unlike states that maintain a narrow statutory list of qualifying conditions, New York allows a healthcare provider to certify a patient for any condition the provider determines is clinically appropriate for medical marijuana treatment.

Patients must receive a certification from an eligible healthcare provider before purchasing medical marijuana through a registered medical dispensing organization.

New York stopped issuing permanent medical marijuana registry identification cards in 2023. Patient certifications contain a registry identification number that can be used along with government-issued identification when purchasing medical marijuana.

What Conditions Qualify for Medical Marijuana in New York?

New York no longer limits medical marijuana eligibility to a rigid list of conditions.

A healthcare provider may certify a patient for any condition the practitioner believes is clinically appropriate for medical marijuana.

Conditions commonly associated with the program include:

• Cancer
• Chronic pain
• Post-traumatic stress disorder
• Epilepsy
• Multiple sclerosis-related symptoms
• HIV/AIDS
• Amyotrophic lateral sclerosis
• Inflammatory bowel disease
• Neuropathy
• Autism
• Alzheimer’s disease
• Huntington’s disease
• Rheumatoid arthritis
• Substance use disorder

However, a patient does not necessarily need one of those specific conditions. Current rules allow practitioners to certify other conditions when medically appropriate.

How Much Medical Marijuana Can Patients Possess?

New York expanded its medical marijuana law in 2026.

Certified patients and designated caregivers may possess up to a 60-day supply of medical marijuana or the state’s ordinary personal possession limits of three ounces of marijuana and 24 grams of concentrate, whichever amount is greater.

A healthcare provider may impose recommendations or limitations relating to the form, dosage or amount appropriate for a particular patient.

Can Medical Marijuana Patients Grow at Home?

Yes. Medical marijuana home cultivation is legal in New York.

New York law was amended in 2026 to allow certified patients age 18 and older to cultivate marijuana for their own medical use. Designated caregivers age 18 and older may also cultivate for certain patients who are minors or who cannot cultivate for themselves because of physical or cognitive impairments.

Plant limits generally remain three mature and three immature plants per person, subject to the statewide household maximum.

Medical home cultivation existed before recreational cultivation was implemented, but the 2026 amendments expanded who may legally participate.

Where Can You Use Marijuana in New York?

New York generally allows adults 21 and older to smoke or vape marijuana in many places where tobacco smoking is permitted.

However, numerous exceptions apply.

Marijuana cannot legally be smoked or consumed in places including:

• Motor vehicles
• Schools and school grounds
• Most workplaces
• Restaurants and restaurant patios
• Private businesses that prohibit consumption
• Hookah or cigar bars
• Federal property
• Many public parks and beaches
• Places where tobacco smoking or vaping is prohibited

A violation of state marijuana consumption restrictions can result in a civil penalty of up to $25 or up to 20 hours of community service.

New York City also prohibits marijuana smoking in locations where tobacco smoking is banned, including city parks, beaches, boardwalks, pedestrian plazas and playgrounds.

Can Landlords Ban Marijuana Use?

Landlords cannot generally refuse to rent to someone merely because that person legally uses marijuana.

However, landlords and property owners may maintain smoke-free policies that prohibit smoking or vaping marijuana on their property.

State regulations provide stronger protections for lawful marijuana possession and cultivation, although exceptions can apply where allowing marijuana activity would jeopardize a federal benefit.

Renters should therefore review their lease and property rules before cultivating or smoking marijuana.

Can You Drive With Marijuana in New York?

Yes. Adults 21 and older may legally transport marijuana in a vehicle within the state’s possession limits.

However, marijuana should remain securely stored in a closed container.

It is illegal for either the driver or passengers to open marijuana packaging or consume marijuana inside a vehicle, including when the vehicle is parked.

Driving while impaired by marijuana is illegal. In New York, marijuana-impaired driving may result in a charge of Driving While Ability Impaired by Drugs.

Legal possession does not provide a defense to impaired driving.

Can You Bring Marijuana Across New York State Lines?

No.

New York’s legalization law does not authorize marijuana to cross state or international borders.

This remains true even when traveling between New York and another state where marijuana is also legal. The Office of Cannabis Management specifically warns that bringing marijuana into or out of the state remains illegal.

The same restriction applies to medical marijuana.

Can Tourists Buy Marijuana in New York?

Yes. New York does not require recreational marijuana customers to be state residents.

A visitor who is at least 21 may purchase marijuana from a licensed adult-use dispensary, subject to the same possession limits and consumption restrictions that apply to New York residents.

Tourists should remember that legally purchased marijuana cannot be taken across state lines or onto federal property.

How Much Is Marijuana Taxed in New York?

Retail adult-use marijuana sales in New York are subject to a 13% marijuana retail tax.

That consists of:

• 9% state tax
• 4% local tax

The state’s previous wholesale tax based on the amount of THC in a product was replaced beginning June 1, 2024. Distributors now pay a 9% tax on sales or transfers of adult-use marijuana products to retailers.

The consumer-facing retail marijuana tax remains 13%.

Can Local Governments Ban Marijuana Dispensaries?

New York allowed cities, towns and villages to opt out of permitting adult-use retail dispensaries and on-site consumption businesses during an initial opt-out period.

Local governments that did not opt out may still establish reasonable zoning and time, place and manner restrictions, but they cannot adopt local rules that effectively make licensed marijuana businesses impossible to operate where state law allows them.

Local restrictions can therefore make access to legal retailers vary considerably from one part of New York to another.

Is Marijuana Legal on Federal Property in New York?

New York’s marijuana legalization law does not override federal rules on federal property.

Marijuana use and possession may therefore remain prohibited on federal property, including certain federal buildings, national parks and federally regulated facilities, even though recreational marijuana is legal under New York law.

Public housing that is federally funded or recognized can also be subject to federal restrictions.

Frequently Asked Questions About New York Marijuana Laws

Is marijuana legal in New York in 2026?

Yes. Recreational marijuana is legal for adults 21 and older, and New York also operates a medical marijuana program.

How much marijuana can you legally possess in New York?

Adults 21 and older may possess up to three ounces of marijuana and up to 24 grams of concentrated marijuana.

Can you grow marijuana in New York?

Yes. Adults 21 and older may grow up to three mature and three immature plants. A residence may contain no more than six mature and six immature plants in total.

How much homegrown marijuana can you keep in New York?

A person may keep up to five pounds of marijuana produced through legal home cultivation at a private residence.

Can you smoke marijuana in public in New York?

In some locations. Marijuana generally may be smoked where tobacco smoking is allowed, but numerous exceptions apply, including schools, workplaces, vehicles, many parks and beaches and other smoke-free areas.

Can you buy recreational marijuana in New York?

Yes. Adults 21 and older may purchase marijuana from dispensaries licensed by the New York Office of Cannabis Management.

Can tourists buy marijuana in New York?

Yes. Recreational purchases are not limited to New York residents. Visitors must be at least 21 and comply with state possession and consumption laws.

Can you take New York marijuana to another state?

No. New York law does not authorize marijuana to cross state lines, even when the neighboring state also allows marijuana.

What is the marijuana tax in New York?

Adult-use retail marijuana purchases are subject to a 13% retail marijuana tax, consisting of a 9% state portion and a 4% local portion.

Related Marijuana Laws and Protections

Residents should also be aware that legalization does not eliminate restrictions on impaired driving or guarantee workplace protections. See our guides to marijuana DUI laws by state and marijuana employment laws for a broader look at how Illinois compares with other states.

People with past marijuana convictions may also qualify for record-clearing relief. Our Marijuana Expungement Laws by State guide explains how all 50 states handle expungement and related relief.