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What is in the Law
Penal Law
Overview
On March 31, 2021, New York State legalized adult-use cannabis (also known as marijuana, or
recreational marijuana) by passing the Marijuana Regulation & Taxation Act (MRTA). The legislation
creates a new Oce of Cannabis Management (OCM) governed by a Cannabis Control Board to
oversee and implement the law. The MRTA modifies criminal violations and penalties relating to
the sale and possession of cannabis.
Personal Possession
Adults 21 years of age and older may possess up to 3 ounces of cannabis and 24 grams of
concentrated cannabis (like vaporization oil or an edible).
Cannabis and Police Searches
The MRTA changes how the odor or presence of cannabis can be used to determine reasonable
cause by law enforcement. No finding or determination of reasonable cause to believe a crime
has been committed can be based solely on or in combination with the odor of cannabis or burnt
cannabis, the possession of cannabis in amounts in accordance with state law, cash or currency
present next to cannabis or multiple containers of cannabis, and planting or growing cannabis in
accordance with state law. This law does not apply to an investigation of a person who operates
a vehicle while under the influence of cannabis. During such investigations, the odor of burnt
cannabis shall not provide probable cause to search any area of a vehicle that is not readily
accessible to the driver and reasonably likely to contain evidence relevant to the driver’s condition.
Home Cultivation of Cannabis
New Yorkers 21 years of age and older can grow up to 6 cannabis plants in their home for personal
use (3 mature plants and 3 immature plants) and a maximum of twelve plants per household (6
mature plants and 6 immature plants). Please be aware the home cultivation of cannabis is not
allowed immediately. Pursuant to the MRTA, the home cultivation of cannabis is only permitted
after the OCM issues regulations governing home cultivation of cannabis, which will occur within
18 months of the first adult-use retail sale. The MRTA also permits the home cultivation of medical
cannabis for certified patients registered in the Medical Cannabis Program. Home cultivation
for certified patients has an accelerated timeline, but is not authorized until the OCM issues
regulations, which will occur on or before September 30, 2021.
Expungement of Criminal Records
The MRTA will automatically expunge records for people with previous convictions for activities
that are no longer criminalized. Individuals who qualify for expungement are not required to take
any further action to have their records expunged.
The following convictions qualify for expungement:
• A violation of Article 220 or section 240.36 of the penal law, prior to the eective date of