New York has had a long and tumultuous relationship with cannabis that has evolved rapidly over the last decade. With laws legalizing medical use in 2014 and recreational use in 2021, it’s essential for residents and visitors to familiarize themselves with
New York’s unique requirements.
We’ve curated this guide to help you understand the marijuana laws specific to New York, cultivation laws, where to purchase seeds, and what type of packaging you’ll need in the state so you are well-equipped before making any decisions.
Marijuana Laws and New York
Cannabis was legalized for medical use in 2014, and it was made legal for adult recreational use in 2021. According to the state’s official website, 2020 was the last year when people could be criminally penalized for having any amount of cannabis in New York.
Now, adults who are 21 and older can legally possess and use cannabis. But there are a lot of rules and regulations to know about before you start growing or using cannabis.
You're allowed to have any amount an adult legally, up to three ounces, and you can smoke or vape in public wherever tobacco smoking is allowed. That second part would be in very few places in New York City. And there are a lot of restrictions on growing it.
Cultivation of cannabis seeds in New York
Well, if you’re 21 and older in the state of New York then you are allowed to use and possess cannabis. However, not everybody can grow it at home. Only certified medical patients, who possess a registry identification card may own, possess, or transport no more than six mature plants and six seedlings inside their residence (personal home).
The personal or designated caregiver cannot be in possession of a greater number of mature plants or seedlings at any one time according to the New York pot laws. According to NY marijuana laws “'Personal home cultivation means growing cannabis cultivated by an adult (21+) for personal consumption at such adult’s private residence.”
“A 'private residence' means a house, an apartment, a condo, or any other place designed and used for living purposes. An office building is NOT being considered as your private residents”
Card-carrying medical marijuana patients can have up to three immature plants and three mature plants. If two patients are in the same house, that doubles to six immature and six mature.
But remember not to sell your cannabis, plants, or seeds if you grow at home in New York. You grow the best
Sativa seeds from Hypno Seeds. The pot you cultivate is for your own medical use only. You can have up to five pounds on the premises, which is a fairly generous personal possession limit when compared with other states.
Finally, your growing activities must take place within an enclosed area that is not in public view and that is lockable and secure so as to prevent unauthorized access
Cannabis Laws in New York
While all cities and towns in New York state may have specific rules regarding cannabis, NYC has some unique regulations.
According to NYC.gov, "cannabis use is not allowed in motor vehicles (even if they are parked) or in outdoor dining areas at restaurants." This means you can't smoke a joint or vape in a cab, an Uber, or any parked car, even if the ignition is off and you are in the back seat.
Where can you smoke in NYC? It's almost easier to list where you can't smoke – parks, beaches, boardwalks, sports stadiums...restaurants...bars...public areas outside of buildings...Yep! There aren’t many places left to light up here.
Can you legally buy marijuana seeds in New York?
In New York, patients who are part of the state’s medical cannabis program can grow plants at home. They can also purchase cannabis seeds from a licensed dispensary, but dispensaries are no longer the only place to get them.
Cannabis seeds can be sold online because of hemp and CBD federal legalization. On January 6, 2022, the DEA announced that cannabis seeds are considered hemp and therefore legal for sale. That same news has been confirmed by the DEA in various other statements.
Cannabis seeds are legal federally if they are under 0.3% THC (which makes them like hemp or CBD); however, growing weed is not legal everywhere. The rules for growing marijuana vary by state and even by city; therefore, you should always check your local laws.
It is legal to buy cannabis seeds in New York and registered medical patients and their caregivers can legally germinate and grow them.
New York’s Special Rules for Cannabis Seed Packaging
In New York, there are specific rules for how cannabis seeds must be packaged:
- Labeling: The packaging must clearly state that the seeds are for personal cultivation by registered medical patients and caregivers only.
- Child-Resistant: The packaging must be child-resistant to prevent accidental ingestion.
- Tamper-Evident: The packaging should be tamper-evident, showing if it has been opened or altered.
- Information: The packaging must include important information such as the strain name, THC content (even though it’s very low in seeds), and the source of the seeds.
- No Misleading Claims: The packaging should not make any false or misleading claims about the seeds or the plants they will produce.
- Warnings: The packaging should have warnings about the legal restrictions on cultivation and use.
Conclusion
New York has made significant strides in cannabis legalization over the past decade, with medical use approved in 2014 and recreational use in 2021. However, there are still many rules and regulations to navigate. While adults 21 and older can possess and use cannabis, growing it at home is restricted to certified medical patients. Additionally, cannabis use in public places is heavily regulated, especially in New York City. Purchasing cannabis seeds is legal, both from licensed dispensaries and online, but they must be packaged according to strict guidelines. Understanding these laws is crucial for anyone looking to grow, possess, or use cannabis in New York.
