Here Is When You Can’t Legally Have Marijuana In New York State

Although cannabis is legal for adult use in New York State, there are still certain circumstances when you are not legally permitted to possess or use it. While you are pretty much legally permitted to have your weed in many places, you don't want to get caught up in a situation where you are possessing or using it illegally.

1. Weight Matters

If you have too much weed, you could be arrested and charged with criminal sale of cannabis in the third, second or first degrees, or aggravated criminal sale,

Under New York State law it is still illegal to possess or sell more than three ounces of cannabis or more than twenty-four grams of concentrated cannabis.

2. Where Use Tobacco Is Prohibited

You cannot use marijuana where tobacco use or vaping is prohibited under the New York’s Clean Indoor Air Act,

- Places of employment;
- Bars;
- Restaurants, except as stated in Article 13-E, Section 1399-q of the NYS Public Health Law;
- Enclosed indoor areas open to the public that contain a swimming pool;
- Public means of mass transportation, including subways, underground subway stations, and, when occupied by
passengers, buses, vans, taxicabs and limousines;
- Ticketing, boarding and waiting areas in public transportation terminals;
- All places of employment where services are offered to children including youth centers,
detention facilities, child care facilities, child day care centers, group homes for children, public
institutions for children and residential treatment facilities for children and youth;
- All schools and school grounds;
- All public and private colleges, universities and other educational and vocational institutions;
- General hospitals;
- Residential health-care facilities, except separately designated smoking and vaping rooms for adult patients;
- Commercial establishments used for the purpose of carrying on or exercising any trade, profession, vocation or
charitable activity;
- All indoor arenas;
- Zoos; and
- Bingo facilities.

3. Schools

A person cannot "smoke, vape or ingest cannabis or concentrated cannabis" on school grounds, or on a school bus.

4. Unlawful Sale Of Cannabis

A person is guilty of unlawful sale of cannabis when he or she knowingly and unlawfully sells cannabis or concentrated cannabis. Unlawful sale of cannabis is a violation punishable by a fine of not more than two hundred fifty dollars.

5. Age

Anyone under the age of 21-years-old is not legally permitted to use or possess marijuana.

6. Federal Properties

Since marijuana is still illegal federally, you cannot use or possess it on federal lands, including parks, and federal buildings.

7. Businesses

Any private business can determine its own rules about marijuana use,

private establishments or businesses have the right to make their own rules and policies regarding the possession, use or transfer of cannabis on property or buildings.

8. Certain Areas In New York City

In New York City, you cannot smoke cannabis or tobacco in parks, at beaches, on boardwalks, or in pedestrian plazas and playgrounds.

9. Driving

Driving while impaired, including from the use of marijuana, is illegal.

Punishments

Under New York State law, an individual who smokes cannabis in public in a location where it is not permitted can face civil penalties and can be fined up to $25 or directed to perform 20 hours of community service.

Get our free mobile app