Hemp Possession Laws vary from state to state, and it’s important to know the laws in your area. In New York, its possession laws are tough—even if you have only a small amount on you.

If you’re facing charges of its possession, it’s crucial that you contact an experienced criminal defense attorney to help make sure you get the fairest possible outcome for your case. Here’s what you need to know about its possession laws in New York State.

How do I get MMJ Card?

You must have a certification from a registered practitioner in order to obtain it in New York. The certification must state that you have a qualifying condition that would benefit from the use of it. Once you have your certification, you can register with the state Department of Health, which will issue you a patient ID card.

You can then purchase an MMJ Card in New York from a registered organization. Registered organizations are allowed to sell up to three different types of medical products: dried leaves and flowers, oils, and edibles. For more information on the registration process visit DOH’s website

There is no restriction on the amount of it or paraphernalia one may possess at home for personal use, but outside the home, one cannot possess more than 1 ounce of pot or 5 grams of concentrates (in solid form) or 12 ounces/36 fluid ounces/960 fluid ounces (whichever is greater) in liquid form.

Punishment for possession of it

The punishment for possession of hemp in New York can range from a simple fine to up to 15 years in prison. The amount of the drug, your prior criminal history, and whether you intended to sell it are all factors that will affect your sentence.

If you are caught with more than 25 grams of hemp, you will be charged with a felony and could face up to 4 years in prison. If you are caught selling any amount of hemp, you will be charged with a felony and could face up to 15 years in prison. Selling or distributing less than 2 ounces is considered a misdemeanor punishable by up to 1 year in jail.

However, if this is your second offense, you may serve as many as four years behind bars. Selling or distributing between 2-4 ounces will result in between 3-8 years imprisonment. More than 4 ounces is considered a Class A felony punishable by 1-1/2 to 8 years behind bars.

Growing Your Own Plants at Home

It is not currently legal to grow your own at home in New York. If you are caught growing it, you could be subject to criminal penalties. However, the state is currently working on a pilot program that would allow the patients to grow their own plants.

The law only applies to those with cancer, AIDS, or another condition certified by an approved doctor. You can also cultivate up to four female plants if you live more than 25 miles from the nearest dispensary.

After successfully completing the pilot program, there may be further changes made to current legislation. It is possible that New York will be one of the next states to legalize the recreational use of it as well. Stay tuned.

Where can you buy it in New York?

You can purchase it from a licensed dispensary in New York.  It is to be noted that dispensaries are only to sell the product to the individuals possessing Medical Card in New York. There are currently only a handful of dispensaries in the state, but that number is expected to grow. You must be 21 years of age or older to purchase it from a dispensary.

When purchasing it, you will need to present a valid ID. Dispensaries may only sell the products that have been tested and approved by the state. They may not sell anything with added sugars, preservatives, artificial ingredients, or coloring.

For example, brownies cannot contain chocolate syrup because it would violate these guidelines. The same goes for beverages – they cannot contain milk or any other kind of dairy product like powdered creamers and sweeteners.

Can you smoke it anywhere you want?

No, unfortunately, you cannot. The decriminalization of it does not mean that you can light up wherever you please. You are still not allowed to smoke in public places, and smoking while driving is also not allowed.

If you want to consume it, you will have to do so in a private residence. For those who live in apartment buildings, this might be tricky. However, if your landlord gives permission then you should be able to smoke in your own home.

Can it be used with tobacco?

You can’t use tobacco and this together, even if you’re using a product that contains both. The only exception is if you have a doctor’s note stating that you need to use both for medical reasons.

In some states, like California, it is legal to use both tobacco and it at once. But New York does not allow for such products, because there are concerns that combining them could create an increased risk of smoking-related diseases.

The health risks associated with smokeless tobacco, coupled with the potential adverse public health impacts related to legalization. Make the addition of smokeless tobacco to e-cigarettes or any other nicotine delivery device less likely, according to Dr. Irfan Rahman, chair of the Tobacco Control Task Force of the American Thoracic Society (ATS).

Can you take it out to New York state?

No. You cannot take your out-of-state to New York State. However, if you are a registered medical patient in another state and you have a valid ID card or other documentation from that state, you may be able to purchase it from a licensed dispensary in New York.

What are the penalties for possessing it in New York?: The penalties for possessing it in New York depend on the amount of it possessed and whether the person possesses it for personal use or sale.

Other legalities

Although hemp possession was decriminalized in New York in 2019. There are still some things you need to know before carrying it around with you. For example, you can only possess a small amount (no more than two ounces). and it must be stored in a sealed container.

Additionally, smoking hemp in public is still illegal, so be sure to consume it only in private places. Violating these laws can result in a fine or even jail time, so it’s important to educate yourself on the current regulations.