New York Recreational Cannabis Laws FAQ

Updated April 24, 2024

Is marijuana legal in New York?

• Yes.

Is marijuana legal for recreational use in New York?

• Yes. As of March 31, 2021, it is legal for adults 21 and over to purchase, possess, and consume marijuana for recreational use in New York.

I am not a resident of New York. Can I buy marijuana?

• Yes. Anyone over the age of 21 can purchase, possess, and consume marijuana for recreational use in New York, including out-of-state and out-of-country residents.

Do I need a medical card or special identification to buy marijuana?

• No. You only need to prove you are over the age of 21. You can do this with a driver’s license, state-ID, or passport.

Where can I buy marijuana in New York?

• There are recreational marijuana dispensaries (pot shops) throughout the state. These shops are different from medical marijuana dispensaries and have a different type of license to sell to recreational customers. While many pot shops are both medical and recreational, not all are. To help you find the recreational shops, we have a complete directory of recreational pot shops in New York.

Can I get marijuana delivery in New York?

• Yes. New York allows recreational marijuana delivery to both residents and non-residents at any physical address in the state. This includes hotels and vacation rental properties. Some recreational marijuana dispensaries in New York currently offer licensed and legal delivery.

What kind of marijuana can I purchase in recreational pot shops?

• Every type of cannabis product can be purchased including: flower (buds), hash oil, edibles, and some cannabis-infused drinks.

How much marijuana can I buy in New York?

• Adults over 21 can purchase up to three ounces (85 grams) of marijuana flower, and up to 24 grams of concentrated cannabis products (oils, tincture, edibles, vapes, etc.) in a single day. 

How much marijuana can I possess?

• Adults over the age of 21 can possess up to three ounces (85 grams) of marijuana flower or 24 grams of concentrates in public or private.

Can I possess marijuana anywhere in the state?

• Almost anywhere. National parks, national monuments, and national forests are Federal lands and you cannot legally possess marijuana on Federal land.

Can I possess marijuana in a car?

• Yes. You can possess marijuana in a car, but you cannot consume it in a moving or parked vehicle. It must be in a sealed container.

Can I smoke marijuana while driving?

• No. You cannot smoke while driving and you cannot drive stoned. Both are illegal.

Where can I smoke marijuana in New York?

• You can smoke marijuana on any private property where marijuana consumption is allowed.

Can I smoke marijuana in public?

• No, not legally. You must be on private property where marijuana consumption is allowed.

Can I smoke marijuana in my hotel?

• Yes, some hotels allow it. But, there are also hotels that don’t. Check with your hotel for their policy. Typically, you would need to get a smoking room or have an outside area where pot smoking is allowed. Check our featured hotels and lodging guide for hotels with private balconies and smoking rooms.

Can I smoke my marijuana with someone under 21?

• No. It is illegal for people under 21 to buy, possess or use retail marijuana. It is illegal for anyone to give, sell to, or share marijuana with anyone under 21.

Can I take marijuana from New York out of state?

• No. You cannot take marijuana from New York outside of the state. You cannot cross the border with it and you can’t fly with it outside of the state.

This is just a general guide and is NOT intended as legal advice. For more information on New York laws, visit the state’s official website: cannabis.ny.gov .