Medical Marijuana: New York State

Marijuana Related Penalties in New York State

Possession of Marijuana

  • Possession of 25gms or less of marijuana – first offense: fine of $100
  • Possession of 25gms or less of marijuana – second offense: fine of $200
  • Possession of 25gms or less of marijuana – subsequent offenses: $250 plus a maximum of 15 days in jail
  • Possession of more than 25gms of marijuana: class B misdemeanor punishable by up to 3 months in jail and a maximum fine of $500
  • Possession of any amount in public where marijuana is burning or open to public view: class B misdemeanor – maximum 3 months in jail and a maximum fine of $500
  • Possession of more than 2oz of marijuana: maximum one year in jail and a maximum fine of $1,000
  • Possession of more than 8oz of marijuana: maximum one-and-a-half years in jail and maximum fine of $5,000
  • Possession of more than 16oz of marijuana: 1 to 5 years jail and maximum fine of $5,000
  • Possession of any amount of marijuana greater than 10lbs: 1 to 15 years in jail with a maximum fine of $5,000

Delivery or Manufacture of Marijuana

  • Delivery or manufacture of 2oz or less of marijuana for no remuneration: maximum 3 months in jail with maximum fine of $5000
  • Delivery or manufacture of 25gms or less of marijuana: maximum 1 year in jail and maximum fine of $1,000
  • Delivery or manufacture of more than 25gms of marijuana: maximum one-and-a-half years in jail and maximum fine of $5,000
  • Delivery or manufacture of more than 4oz of marijuana: one to two-and-a-half years in jail with maximum fine of $5,000
  • Delivery or manufacture of any amount of marijuana greater than 16oz: one to five-and-a-half years in jail with maximum fine of $5,000
  • Sale or delivery to a minor of any amount of marijuana: one to seven years in jail and maximum fine of $5,000

Possession or Sale of Marijuana Related Paraphernalia

  • Possession or sale of marijuana related paraphernalia: maximum 1 year jail sentence or a maximum fine of $1,000

Medical Marijuana in New York State: Current Situation (November 2010)

In 2009, twin bills, A. 9016 and S. 4041-B passed through several committees with support from both sides of the senate; A. 9016 passed the Assembly Health Committee, the Assembly Codes Committee, and the Assembly Ways and Means and Rules Committees. S. 4041-B passed the Senate Health Committee and the Senate Codes Committee. The Senate Finance Committee discharged the bill to Senate Rules without a vote on June 15. Amendments requested by the Executive Branch were made, resulting in bills A. 11565 and S. 8427. So, despite a leadership struggle within the Senate that hindered the passing of the bill, 2009 was a good year for medical marijuana in New York State.

The understanding was that medical marijuana legislation would be included in this year’s budget; sadly, however, it was excluded at the last moment.

In the elections that took place earlier this month, Democrats lost control of the State and, as we know, Republicans are generally not in favor of medical marijuana – this despite the fact that even the most conservative state residents appear to be in favor of legalization.

We will, as ever, let you know of any further developments.

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Comments

  1. NY pass medical Pot, Yeah good luck with that idea, That will be the day you get your full carry concealed carry permit !!! Best look like moving to another state right quick !!!!! Ive been dealing with Serious spinal injury that involved C1 thru C6 and L4 thru S1 now have titanium rods in levels C1-6 have been getting lovely spinal blocks for 30 yrs and no longer have any veins left in either arms when I have to go into a hospital they now have to start IV’s in my jugular vein for a line, If they need a blood test they go into my feet, that smarts, besides the lovely pain I suffer from migraine’s that can last up to 3-4 days at a clip
    Opiates r a vicious cycle that only work temporarily until you build up a tolerance for them. I finally realized I was better off without them. 2 yrs ago I detoxed told Pain management to kiss my ass. I now just buy my pot and self medicate thru Mary jane and am so much better off I actually remember my name now, I encourage all of u to do the same, If need be Get out of The great welfare State of NY let Cuomo have his Neverland

  2. Medical Marijuana and its great benefits

    I suffer from severe chronic pain,fibromaligia, and joint pain..I live in Ny and it seems this medically can be taxed..I cant move to a state that has it legalized for this purpose..I could obtain a id card easily with my problems. I don’t understand why they won’t legalize it..I been a marijuana user for years..but the potency of the maedical stuff would greatly help out..I’m probably one of millions who needs this to continue my daily work, and so on..So nys congress please listen to us as chronic pain is no joke. They don’t prescribe narcotic very often to 30 year old’s. IM SUFFERING HERE!!!

    Jason

  3. NY is looking for money to balance it’s budget and the taxation of pot would help greatly.

    We needed money for education and NY created OTB & Lotto, why then can’t medical pot tax be used to cover insuring needy families or other necessarily causes?

    Additionally, the idea that our government would somehow “block” the use of a medically useful drug, is beyond me.

  4. I have multiple sclerosis and severe pain in the spine cannabis would really help instead of my current medication with all the bad side effects. Over 45% of new yorkers have MS, and taxing it would be great for new york goverment.

  5. I guarantee you NY will be state #25 to legalize medical marijuana. NY is notorious for being the “Switzerland” of the United States of America. Middle of the road all the way, whether it’s right or wrong.

  6. Jen your right. I love how our leaders say tax tax and more tax. Well this would help take the heat off the taxpayers. Give our Gov. and senate something to raise instead of thier pay.

    • It’s time that wes start thinking of our New Yorkers. My father died from cancer. if this law was passed then he would still be here.

      Isn’t it time to get our New Yorkers off the battlefield and allow medical marijuana to be passed with guide lines. Come on New York needs the tax dollars and prople need there lives to be saved not owned by the state.

      • It woulda helped with pain managment but as there is yet to be cure for cancer if he was terminal im sorry to say he would have still died.

        • You’re wrong Rob. Do your research. A good place to start is a video on YouTube called “Cured: a Cannabis Story”.

  7. Interesting, I just found bill S2774 and checked on http://public.leginfo.state.ny.us which was submitted on February 2nd to the Committee on Health, the only question is how long do these things usually take to go through? I’ve never followed a bill before but this one is pretty short and to the point and it does cover the necessary points in reference to the constitution and comparative arguments to the current laws on narcotics, and it seems very similar to the bill that enabled the law to be passed in California, so maybe this will work out, I just wish I knew how long this stuff takes.

  8. You really think it’ll be that long before we get it? I thought it there was enough votes in the senate or whatever that it doesn’t matter what Cuomo says.

  9. it’s funny because Andrew Cuomo says he has no intention of allowing the legalization of marijuajuana to ever be passed while he’s governor. so i dont think were one of the states thats still considering medicle marijuana anymore, we have 4 years left before we have a chance

  10. I agree with everyone else. They really need to legalize this … I just noticed this website when trying to find out what the status was of legalizing it for medicinal purposes in NY State.

    I’m in a situation myself right now where I have been on massive quantities of opioid pain killers for nearly eight years since I was diagnosed with Spondylolythesis, a defect in my L5 vertebrae which resulted in both ‘wings’ being broken off and subsequently I had an L5-S1 fusion that only made the pain worse.

    I’ve been on the pain killers so long at last visit I was given 360mg a day of Oxycodone, and 100mg a day of Methadone, which helped, but unfortunately the doc I was seeing retired and no other pain docs in the Rochester NY area want to take on any of his patients, so now I am stuck turning to family, friends, and the street just to even avoid withdrawals.

    I tried getting into a Suboxone clinic to at least get on the pain meds in a controlled way until I could find a new pain doc, and they all want me to declare myself a street-level drug addict, check into a in-patient detox, get a sponsor, etc, etc, just because my doc retired.

    One doctor I’ve spoken too suggested, off the record of course, that I try smoking marijuana instead as it helps with pain, and would help fight the withdrawals and help get me off the opiates which are killing my kidneys and liver, but I hate getting meds off the street as it is, to go and get something that is completely illegal from the get-go (at least if I get oxy, etc, off the street I have Rx bottles from scripts of that same med that I got legally in the past and can pass it off as the same script).

    They need to legalize this in NY, obviously it helps, look at California and how much better people are living their lives there since they legalized it there, and for people in my situation it would be a great thing to get off the opiates.

  11. it’s funny because Andrew Cuomo says he has no intention of allowing the legalization of marijuajuana to ever be passed while he’s governor. so i dont think were one of the states thats still considering medicle marijuana anymore, we have 4 years left before we have a chance. :-(

  12. OK! so all the republicans are against it ask your self this god put it here for us.An you guys make it illegal now your going against god will.Do you go to church,because what you are doing is wrong.So W.W.J.D.

  13. I have MS.

    My chronic pain causes me to lose time from work. I can’t even get “street” marijuana. I registered with California, Oregon, Vermont etc. But unless you are a citizen of these states, you are out of luck and NY treats you like a common criminal.

  14. I am interested in obtaining a medical marijuana ID card.

    Right now i suffer from chronic pain on a daily basis all over my body. At present i use Street marijuana to get some relief from the pain, but i am interested in obtaining a medical marijuana id, so that i can purchase medical marijuana. Thank you for your help in this matter.

    margaret watson

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