New York Marijuana Law

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What is and is not legal under New York’s MRTA

In 2021, New York passed the Marijuana Regulation and Taxation Act (MRTA), legalizing recreational marijuana for adults 21 and older. But legalization doesn’t mean anything goes, and people are still facing criminal charges over marijuana in New York.

What is legal: Adults 21+ may possess up to 3 ounces of cannabis or 24 grams of concentrated cannabis. Personal home cultivation (up to 6 plants) is permitted.

What is still illegal: Selling marijuana without a license is still a crime. Possessing more than the legal limit can result in criminal charges. Using marijuana in a car — whether driving or as a passenger — is illegal. Providing marijuana to anyone under 21 is a criminal offense.

Prior convictions: The MRTA automatically expunged many prior marijuana convictions, but not all. If you have an old marijuana-related conviction on your record, it’s worth speaking to an attorney about whether it qualifies for expungement.

The law is still evolving, and the line between legal use and criminal conduct isn’t always clear. If you’re facing marijuana-related charges in Central New York, call Samson Legal for a free consultation.

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