State Law Tracker · New York

Cannabis and hemp law in New York

In New York, recreational cannabis is legal, medical cannabis is legal, and delta-8 THC is banned.

Last verified October 24, 2026 · Last major change July 2026

RecreationalLegal MedicalLegal Delta-8Banned

Is recreational cannabis legal in New York?

Legal. Legal for adults 21+ since March 2021 under the Marihuana Regulation and Taxation Act, up to 3 oz; licensed adult-use sales began Dec. 29, 2022.

Is medical cannabis legal in New York?

Legal. Practitioners may certify patients for any condition they judge appropriate; rules effective July 22, 2026 allow certifications lasting up to two years and let medical dispensaries accept patient certifications from other states.

What are the rules for hemp products in New York?

Cannabinoid hemp edibles and drinks sold in New York are capped at 1 mg THC per serving and 10 mg per package, with a CBD-to-THC ratio of at least 15:1, under state rules effective Dec. 13, 2023.

Is delta-8 THC legal in New York?

Banned. State rules have barred delta-8, delta-10 and other converted cannabinoids from hemp products since 2021, and also bar artificially derived cannabinoids from licensed cannabis products.

What happens if you break the law in New York?

Adults 21+ may possess up to 3 oz and 24 g of concentrate; more is a violation with a fine of up to $125, and more than 16 oz is a class A misdemeanor.

Sources

  1. dos.ny.gov/system/files/documents/2026/07/072226.pdf
  2. www.law.cornell.edu/regulations/new-york/9-NYCRR-114.8
  3. www.law.cornell.edu/regulations/new-york/9-NYCRR-123.6
  4. www.nysenate.gov/legislation/laws/PEN/222.25
⚠︎ Federal law — affects every state A federal funding law signed in November 2025 (Public Law 119-37) narrows the legal definition of hemp, and a stopgap funding law signed September 2, 2026 (Public Law 119-103) split its start into two dates. On November 12, 2026, products containing cannabinoids that a cannabis plant cannot produce naturally, such as THC-O, fall outside it. The rest takes effect December 11, 2026, including the exclusion of chemically converted cannabinoids such as delta-8 made from CBD, a 0.3% limit measured as total THC (including THCA), and a limit of 0.4 milligrams of total THC per container. State rules apply on top of the federal law. Sources: Public Law 119-103, Sec. 2019 · Congressional Research Service · Akerman LLP
Informational summary drawn from state statutes, official program pages, and published reporting — sources linked per state. Not legal advice. Laws change quickly; verify with official state sources before acting. Spot an error? Request a correction — we fix mistakes promptly.
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