New York
Regulatory Framework
The Office of Cannabis Management (OCM) is responsible for regulating and overseeing the adult-use and medical cannabis market in New York State [1]. The Cannabis Control Board (CCB) "is the approval and oversight body of the Office of Cannabis Management. The Board is responsible for approving the comprehensive regulatory framework for New York's cannabis industry, including issuing applications and licenses to cannabis businesses and approving the rules and regulations which will govern the new industry." [5] The office is led by an Executive Director appointed by the governor with state senate approval.
Legal Status
| Market | Status | Statute | Year |
|---|---|---|---|
| Adult-Use | Legal | Marihuana Regulation and Taxation Act (MRTA) | 2021 [7] |
| Medical | Legal | Compassionate Care Act | 2014 [2] |
Track-and-Trace
BioTrack is the mandatory track-and-trace system for all cannabis licensees in the state [3]. The New York State Comptroller tracks the number of retail locations and tax revenue across the state [4].
Licensing
The type of license required depends on the specific cannabis activity. These are the license types supported by OCM: [6]
| License Type | Description |
|---|---|
| Adult-Use Retailer License | Allows businesses to sell recreational cannabis to adults 21+. |
| Cultivator License | Allows businesses to cultivate cannabis for sale to licensed retailers. |
| Processor License | Allows businesses to process cannabis flower into other products (e.g., edibles, concentrates) for sale to licensed retailers. |
| Distributor License | Allows businesses to transport and distribute cannabis products between licensed cultivators, processors, and retailers. |
| Testing Laboratory License | Allows businesses to test cannabis products for potency and contaminants. |
| Medical Marijuana Dispensary License | Allows businesses to sell medical cannabis to registered patients. |
Possession Limits
| Item | Possession Limit |
|---|---|
| Pateint's prescribed medical cannabis | "60 day supply" [8] |
| Usable Flower | 3 ounces [9] |
| Concentrate | 24 grams [9] |
Medical Cannabis
"Effective October 5, 2022, certified patients and designated caregivers 21+ who are registered with the Medical Cannabis Program may cultivate cannabis at home for a certified patients’ personal use. For more information on home cultivation of medical cannabis, click on the links below." [8]
OCM maintains a list of common conditions other patients have reports benefits from medical cannabis. These conditions include, but are not exclusive to qualifying as a medical patients [8]
- Autism
- Alzheimer’s
- Cancer
- Chronic Pain
- Epilepsy
- HIV/AIDS
- Inflammatory Bowel Disease
- Certain Mental Health Conditions (PTSD, anxiety, etc)
- Multiple Sclerosis
- Muscular Dystrophy
- Neuropathy
- Parkinson’s Disease
- Rheumatoid Arthritis
- Substance Use Disorder
Additional Resources
- Wikipedia: Cannabis in New York https://en.wikipedia.org/wiki/Cannabis_in_New_York
- OCM Board Meetings https://cannabis.ny.gov/cannabis-control-board-meetings
- New York. Department of Taxation and Finance. https://www.tax.ny.gov/
- New York. Department of Agriculture and Markets. https://agriculture.ny.gov/
- New York. Department of State. https://dos.ny.gov/
References
- [1] https://cannabis.ny.gov/
- [2] https://www.nysenate.gov/legislation/bills/2013/2013-s7923
- [3] https://www.globenewswire.com/news-release/2022/12/20/2577548/0/en/New-York-Selects-BioTrack-as-the-State-s-Cannabis-Track-and-Trace-System.html
- [4] New York State Comptroller: https://www.osc.ny.gov/local-government/adult-use-cannabis-tax-revenue-and-retail-dispensaries-new-york-state
- [5] New York. Office of Cannabis Management. https://cannabis.ny.gov/cannabis-control-board-meetings
- [6] https://portal.311.nyc.gov/article/?kanumber=KA-03503
- [7] https://cannabis.ny.gov/marihuana-regulation-and-taxation-act-mrta
- [8] https://cannabis.ny.gov/patients
- [9] https://cannabis.ny.gov/adult-use-information