When shopping for weed, there are certain red—and green—flags to look out for. Ever since the consumption and sale of cannabis were legalized in New York, our streets have been peppered with new smoke shops hawking pre-rolls, flower and gummies. It seems like there’s a new smoke shop on every corner these days, and while it’s a sign of a new era in New York City, this influx has also caused some problems for the state’s dispensary rollout plan. “Unlicensed dispensaries have littered New York neighborhoods, blatantly circumventing our laws and selling potentially dangerous products,” Governor Kathy Hochul said last week. “Enough is enough. I promised to protect our communities and hard-working, legal cannabis licensees by expediting the closure of illicit storefronts. I’m proud to stand up and say we got it done.” Hochul announced a new plan to shut down “illicit” cannabis shops and to protect the legal or licensed marketplace in the state’s FY25 Enacted Budget, including giving authority to the Office of Cannabis Management and local municipalities to take action against illegal/unlicensed stores and “those who enable them.” The governor’s office says these new plans are “the strongest set of policies enacted thus far to tackle the illicit cannabis marketplace.” RECOMMENDED: Weed 101: Everything to know about cannabis in NYC Here’s how New York will crack down on unlicensed/illegal cannabis dispensaries OCM and the NYPD will be able to inspect and padlock businesses if they s
New York is a green city.
Back in March of 2021, then-New York Governor Andrew Cuomo signed legislation into law that effectively legalized marijuana in the state. It was a long time coming: lawmakers had been trying to pass the guidelines since back in 2018 but conversations would stall on the topic of tax revenue from sales. Finally, in 2021, the stage budget proposal included the Cannabis Regulation and Taxation Act (more on that later).
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Fast-forward nearly two years and the legalization of recreational cannabis began to actually take effect and all previous marijuana-related criminal records in the state of New York were given the current legality of the substance.
New York State legalized the sale of cannabis for adult recreational use in 2022. That year, thousands of New Yorkers applied for their Conditional Adult-Use Retail Dispensary (CUARD) license and (at the time of publication) over 40 of them went on to open licensed dispensaries, including 16 of them right here in New York City in 2023.
There are a lot of questions to be answered: Can weed also be grown at home? Where can New Yorkers buy the stuff and will they be stopped if carrying it around? Can anyone sell marijuana now?
Below, check out our extensive guide to marijuana legalization in New York state.
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What’s legal right now in New York?
To put it simply, in New York state, folks who are 21 years of age or older are now legally allowed to buy, sell, consume and grow cannabis for recreational purposes in different forms—within limits.
What does legalization mean for the general public?
There are numerous repercussions to legalization, from its effects on the criminal system (less people will now have a record) to the knowledge surrounding what’s in an actual product and, of course, the farming industry.
“The net effect is that [weed consumption] will be a safer, more predictable experience for everybody,” says Paul Botto, co-founder and president of Lucid Green, a software company that will help dispensaries keep track of product-related information. “I also think it’s going to bring an influx of jobs and revenue to all New York towns. When Colorado legalized weed, the state had a surplus of tax revenue for the first time in decades. When you bring in that kind of money, you can do things that you’ve always wanted to do in education and infrastructure.
The expert also notes that local farmers in particular will rejoice at the fact that they’ll now have another source of income. “Cannabis is a hearty plant,” he says. “For a farmer who is struggling to grow one thing or another, this will give them another option [...] that will be more lucrative.”
Where can I smoke marijuana legally in New York?
According to the City of New York, "adults may smoke or vape cannabis wherever smoking tobacco is allowed under the smoke-free air law." Workplaces and public spaces are therefore off limits, as are restaurants and bars.
Unlike tobacco smoking, though, the use of recreational weed is also not allowed inside motor vehicles (even parked ones) or in outdoor dining areas at restaurants.
Once legal sales begin, many cities and towns opt to set up on-site consumption areas where people will be able to use cannabis. It’s likely specific permits will be needed to create these areas.
Can you smoke on the street in New York?
Yes, anywhere you can smoke a cigarette, you can smoke marijuana.
How much weed am I allowed to carry?
Overall, New Yorkers who are younger than 21 years of age are not allowed to possess, sell or use any amount of cannabis. Those above the age limit are allowed to carry up to three ounces of cannabis and 24 grams of concentrated cannabis at any given moment.
Where can I legally buy marijuana in New York?
Although recreational pot shops can now officially open in New York, the state has yet to distribute all licenses. Just last month, the New York State Cannabis Control Board announced the approval of a total of 36 permissions. The first dispensaries, the only legal selling points, are expected to launch by the beginning of 2023.
Can I go to a dispensary without a card in New York?
To legally buy medical marijuana in New York right now, you need a medical card. That will not be the case with recreational cannabis: as long as you’re above 21 years of age, you’ll be able to buy it from a dispensary.
Are edibles legal?
Yes, edibles are legal in New York as per the Marijuana Regulation and Taxation Act (MRTA).
How can I tell if a dispensary is a legally operating one?
According to the city, "all legal dispensaries will be issued a Dispensary Verification Tool that will be posted in the windows of legally licensed retail dispensaries and available for consumers to see when purchasing via delivery as well." You can see a mockup of the tool, which is basically a QR code, right here.
To put it simply: if you see a QR code by the front door, the dispensary is likely a legal one.
All the similar destinations you might notice around the state at the moment are actually not operating legally. “We fully intend to shut them all down over the next six months,” says Damian Fagon, the chief equity officer at the Office of Cannabis Management. “It will be done with a legislative fix in Albany.”
In total, the state announced that 150 Conditional Adult-Use Retail Dispensary (CUARD) licenses will be distributed this year (considering that the Office of Cannabis Management received over 900 applications this time around, that number doesn't seem like a lot), 36 of which have already been granted.
How can I find a legal dispensary in New York?
You can look them up on cannabis.ny.gov, where there’s a full list of verified licensed dispensaries.
What should I look for in a product?
Given the fact that cannabis is now a controlled substance, you can expect the product to be highly scrutinized by a variety of parties before it reaches you.
“You want a product that has been properly tested by a brand that you know is authentic,” says Botto. “But there are a lot of counterfeit products out there.”
Botto hopes that guidelines will require sellers to provide a Certificate of Analysis (COA) alongside each product, showing test results, making sure that all correct processes were abided by and, perhaps, even noting where the product came from.
"The more information provided, the better,” says the expert. “That way, the consumer can dial in on their experience. It’s imperative for consumers to hold brands accountable to deliver the information they need to have those experiences. The obvious stuff is that it has to be tested properly and packaged correctly. That’s the beauty of buying legal: [brands] have to meet a bar that illicit sellers don’t have to consider.”
How can I tell if a product is legal?
Governor Kathy Hochul just announced that all regulated and tested marijuana products will feature a universal symbol that will help distinguish them from illicit items.
“As stores continue to open in the first quarter of 2023, the state will also be releasing a public education campaign called ‘Why Buy Legal New York,’ which will explain the benefits of purchasing legal adult-use cannabis for cannabis consumers in New York State,” the governor explained in a statement. “The campaign will discuss the risks of buying untested illicit products, and how those products undermine the goals of New York’s cannabis law to build the most equitable and inclusive cannabis market in the nation.”
All products must have a QR code on them with a certificate of analysis, according to Fagon.
"It's all tracked from seed to sale. It's something intended to protect the consumer so they don't end up in the unregulated industry. All states do it. We want to give New Yorkers the option to buy clean, tested product from right here in New York. By buying legal product, you're reinvesting in the community and supporting local farms and businesses."
Who can legally sell cannabis in New York right now?
No person under the age of 21 is allowed to sell weed in New York. Folks above the age limit are only allowed to sell the products if possessing a license by New York State.
How do you open a dispensary in New York?
The first step to opening a recreational cannabis dispensary in New York is to obtain a CUARD (fee: $2,000). To apply, you must either meet the qualifying business or nonprofit criteria. You can call 888-727-4692 to check on whether you even qualify for an application.
"In most other states, they created criteria looking for operators who are, in their opinion, the best to succeed," notes Fagon. "They look at how much capital they have in the bank, if the account's location is secured, its retail location or manufacturing facility, if it has experience in the industry. We're not going to be doing that here.”
In fact, out of the 36 permits announced back in November, eight were given to nonprofits and the majority of of others were granted to people with past arrests for marijuana as, according to the Daily News, "an attempt to rectify what many see as the past wrongs of an overly harsh system."
"The applicants don't tell us how much money or experience they have," says Fagon, adding that they need to show two years of profitability as a business. "We ask: what happened to you? What was your arrest like? Where were you arrested? In the regulations, we can evaluate the applicant based on past contributions to their communities: have they served in leadership? Volunteered in their community? We're looking for established community leaders or those who have a strong track record of creating opportunities for others in their communities."
“It’s the right thing to do. It’s absolutely the right thing to do,” Fagon adds. “A lot of states didn’t want to go through the trouble of trying to make it work. As many can see, it’s not without its challenges. We’re centering mostly on those harmed by prohibition at the start of our industry. It’s the right thing and sends a message about our priorities.”
When will more licenses be given out?
The state is releasing more licenses all the time. The most recent batch of licenses is expected to hit in January—1,445 new business licenses, including at least 500 for dispensaries, according to Gothamist.
How else can I get involved in the industry?
It’s not just about dispensaries and consumers. The now-regulated cannabis industry will include the launch of a variety of other jobs at the retail and production level, for example.
“If you fancy yourself a farmer, you can grow cannabis,” says Botto. “There is also a tech side as all the infrastructure to support the cannabis industry is being built.”
