Categories
BLOG

new york state marijuana dispensary license

LEARN | LAWS & REGULATIONS

New York

Is weed legal in New York?

Although cannabis has been decriminalized in New York since 2019, recreational weed remains illegal in the state. Medical marijuana is legal for certified patients.

Legislation history

In 2019 New York seemed poised to become the first state to create a legal, regulated marijuana market through the legislative process. After debating the legalization of all marijuana, the New York State Legislature was unable to come to a consensus, with divisions mostly over social equity provisions. However, lawmakers did expand a 1977 law that decriminalized cannabis . Democratic Gov. Andrew Cuomo signed the decriminalization bill into law on July 29, 2019, and it went into effect a month later.

Under the updated provisions, possession of up to 2 ounces (57 grams) is a violation, subject to a maximum fine of $200. Fines do not escalate, nor are misdemeanors charged because of previous offenses as they had been in the old law. The law does not change penalties for possession of larger amounts of marijuana, nor does it decriminalize marijuana dealing, sales, or trafficking. The new regulations also expunged or vacated records of previous minor marijuana offenses and modified the definition of smoking, in part to help lessen the disproportionate impact of marijuana laws on communities of color.

Medical marijuana was legalized in 2014, when the possession, use, manufacture, delivery, transport, or administration of medical marijuana by a designated caregiver for qualifying conditions was legalized under New York’s Compassionate Care Act , or S7923.

Regulation authority

The Medical Marijuana Program (MMP), under the auspices of the Department of Health, oversees the medical cannabis registry as well as certification, purchasing, and dispensing for patients and caregivers. The MMP also manages the certification, registry, and regulation of practitioners and dispensing facilities.

Where is it safe to purchase cannabis in New York?

Certified patients can purchase medical cannabis from state-regulated organizations operating dispensaries throughout the state . Patients must bring their registry ID cards and certifications. Designated caregivers obtaining medical marijuana on behalf of patients need their caregiver registry identification cards and their patients’ certifications. Some registered organizations also offer online ordering. The Department of Health limits medical marijuana to non-smokable forms, including capsules, liquids, spray, oils, and vaporizer products. Edibles are prohibited under current law although food growers and processors can produce beverages and food infused with cannabidiol (CBD), a non-intoxicating cannabis compound.

Patients are allowed to purchase up to a 30-day supply of prescribed cannabis, depending on limitations set by their medical practitioner. Purchases are reported to the New York State Prescription Monitoring Program database.

Dispensaries accept only cash payments. Although dispensaries set prices that vary, the Department of Health reviews dispensary reports and sets a maximum price-per-milligram dose based on the dispensaries’ submission of its costs to manufacture, market, and distribute products.

Possessing cannabis in New York

Registered patients may hold up to a 30-day supply of an approved medical cannabis product at any time. Patients and designated caregivers must have their medical marijuana registry ID card on hand at all times when possessing medical cannabis. Home cultivation is illegal.

It is also illegal to vaporize or smoke approved medical cannabis products in places where tobacco smoking is also prohibited. It is also illegal to vaporize a medical marijuana product within 100 feet (30.5 meters) of public or private school grounds, unless on private property. Consuming medical cannabis is illegal in motor vehicles on public and private roads or parked in any lot.

Medical marijuana products may not be transported outside of New York.

Medical Marijuana Registry Program

The MMP is the portal through which New York patients register for identification cards and are granted access to cannabis from approved dispensaries.

To register, patients must first contact a practitioner registered with the Department of Health and be certified with a qualifying condition. More than 1,700 practitioners are registered with the state. Patients must be New York residents or temporarily residing in the state for medical treatment.

Once certified, patients create an account online. Once approved, they receive a temporary registry identification card, which may be used in conjunction with a government-issued photo ID to purchase approved medical marijuana products until the permanent registry ID card arrives. Registrations expire when the certification issued by the practitioner expires based on the prescription. Patients and caregivers must re-register each time a new certification number is issued.

The state charges a $50 application fee for patients and caregivers, but the fee may be waived or reduced for financial hardship.

The list of health professionals who can certify patients includes nurse practitioners and physician assistants. Practitioners are required to complete a Department of Health-approved education course, create an account , and register with the Health Commerce System.

Rules for caregivers

A certified patient may designate up to two caregivers during the registration process. Patients can designate certain facilities as caregivers, although facility participation is optional.

After being designated by a patient, caregivers are required to go through the same application process as patients and must also carry the required identification. Once approved, the caregiver can assist up to five patients in obtaining, possessing, and administering medical marijuana. Caregivers are allowed to possess up to a 30-day supply of marijuana on behalf of each patient. Marijuana must be in the proper consumption forms and dosages for the specified patients.

Qualifying conditions

  • Amyotrophic lateral sclerosis (ALS), or Lou Gehrig’s disease
  • Cancer
  • Chronic pain that meets legal definitions, such as pain that lasts three months or more
  • Epilepsy
  • HIV/AIDS
  • Huntington’s disease
  • Inflammatory bowel disease
  • Multiple sclerosis
  • Neuropathy
  • Opioid use or substance use disorder
  • Parkinson’s disease
  • Pain that degrades health and functional capability
  • Post-traumatic stress disorder (PTSD)
  • Spinal cord injury with spasticity
  • A severe, debilitating, or life-threatening condition accompanied by one or more of the following associated or complicating conditions:
    • Cachexia, or wasting syndrome
    • Opioid use disorder
    • Seizures
    • Severe or chronic pain
    • Severe nausea
    • Severe or persistent muscle spasms

Reciprocity

Certifications or registry ID cards from other states are not accepted.

Lab testing

All medical cannabis products must be tested by an independent laboratory certified by the Department of Health’s Environmental Laboratory Approval Program. Products are tested for their cannabinoid profile, as well as the following microbiological, metal, and chemical contaminants:

  • Aflatoxin
  • Antimony
  • Arsenic
  • Aspergillus
  • Bile-tolerant gram-negative bacteria
  • Cadmium
  • Chromium
  • Copper
  • Escherichia coli (e. coli)
  • Growth regulators used during production
  • Klebsiella
  • Lead
  • Mercury
  • Mucor species
  • Nickel
  • Ochratoxin
  • Penicillium species
  • Pesticides, herbicides, or fungicides used during production
  • Pseudomonas, for products to be vaporized
  • Salmonella
  • Streptococcus
  • Thermophilic Actinomycetes species
  • Zinc
  • Any other substance as required by the Commissioner of Health

This page was last updated September 25, 2020.

View the marijuana laws & regulations for New York.

Department of Health

Medical Marijuana Program Applications

Acceptance of Applications

The Department began accepting applications for registration as a registered organization on April 27, 2015. Each applicant was required to submit two fees with its application: a non-refundable application fee in the amount of $10,000, and a registration fee in the amount of $200,000. The $200,000 registration fee is to be refunded to the applicant only if the applicant is not issued a registration. The Department evaluated all completed applications received on or before the deadline in accordance with the criteria set forth in PHL § 3365 and Title 10 of the New York Code of Rules and Regulations (NYCRR) §§ 1004.5 and 1004.6.

The application instructions posted to the Department’s Medical Marijuana Program website included a deadline for submission of questions regarding the application process. The Deadline for submission of questions was May 5, 2015. The Department posted responses to the questions submitted on May 21, 2015. The deadline for Department receipt of applications was June 5, 2015.

Milestone Date
Application Window Opened 4/27/2015
Deadline for Submission of Application Questions 5/5/2015
Responses posted by the Department for Application Questions 5/21/2015
Deadline for Department Receipt of Applications 6/5/2015

Application to Become a Registered Organization

The State Department of Health (DOH) received 43 applications from businesses interested in becoming registered organizations to manufacture and dispense medical marijuana under the Compassionate Care Act. The law provides for the initial registration of up to five organizations in New York State and allows the Commissioner to register additional organizations in the future. Each registered organization may operate up to four dispensing facilities statewide, for an initial total of up to 20 geographically-dispersed dispensing facilities. The application forms, including instructions with the timeline for the registration process, are posted below.

Application Questions and Answers

Questions concerning the Application for Registration as a Registered Organization or the application process were due to the Department by May 5, 2015, at 4:00 p.m. The Department evaluated the questions it received by the deadline. The questions and the Department’s answers can be viewed by clicking on the link below.

The New York State Department of Health (DOH) has posted the redacted registered organization applications from all 43 applicants.

DOH complied with its legal obligation to review every page of each application to determine appropriate exemptions under the Freedom of Information Law (FOIL) before making the applications public, a process which required the review of more than 60,000 document pages, much of it containing information that was personal, trade secret, critical infrastructure information, or security related information that could endanger the life or safety of any person.

Department of Health Medical Marijuana Program Applications Acceptance of Applications The Department began accepting applications for registration as a registered organization on April