Medical marijuana in New York has been legal since legislation for the Compassionate Care Act was passed in June of 2014. This has given residents of the state access to the relief that MMJ can provide for a plethora of different conditions. There are many illnesses that qualify for medical marijuana, and anyone with the proper documentation and medical marijuana card can use it to help them cope.
However, there are certain limitations that New York MMJ users face. These laws are put in place to keep the use of medical marijuana for treating chronic illness safe and effective. It’s important to know these rules – for example: what is the legal amount of MMJ you can carry in New York?
MMJ In New York
New York State implemented the New York State Medical Marijuana Program to help patients gain access to this treatment option while following all the rules and regulations surrounding possession and use of cannabis intended for medical use. In NY, medical marijuana can be bought and ingested with a proper medical card and appropriate diagnosis.
Medicaid, or other health insurances, do not cover the use of medical marijuana for any chronic illness, and thus, those looking to supplement their treatment with cannabis will have to pay out of pocket. However, the processes that patients go through such as evaluation and certification are covered by New York State Medicaid.
New York Drug Laws
The drug laws in New York State are virtually the same as they had been prior to the legalization of medical marijuana. Patients are limited in where they can get their marijuana, because only 20 or less dispensaries are able to operate across the state. The particular facilities that are allowed to sell medical marijuana must only sell cannabis in non-smokable form.
The growth, possession, use, or selling of recreational marijuana in any amount is still illegal in the state of New York and penalties are still in place that range in severity from a fine to jail time, depending on the charge. The good news is that a law is in place that allows people previously charged with possession of small amounts of marijuana to have their criminal records expunged in relation to that charge.
How Much Medical Marijuana Can You Carry In New York?
For a person with a New York MMJ card, the amount of MMJ they can have at any given time isn’t entirely clear. This is because the state allows card holders to buy “a 30-day supply” of medical marijuana at a time. Since medical practitioners are in charge of prescribing dosing, this numbers may vary from patient to patient depending on their own personal needs.
There is a New York State Prescription Monitoring Program (PMP) that compiles data from all patients so that doctors can review each patient’s history thoroughly and make a treatment plan and amount on a case-by-case basis. All medical marijuana purchases are also added to the PMP database. To purchase and carry medical marijuana in the state of New York, a person must have also been certified with a New York State registry identification card. No out-of-state cards are accepted.
Is Flower Legal In NY?
Smoking of cannabis is illegal in the state of New York, whether it is medical or recreational. However, the laws do not clearly state that cannabis in the dried flower form is illegal to possess by a person with a certified medical marijuana card. All forms of medical cannabis need to first be approved by the commissioner, including the dried flower form.
Since the New York State Department of Health has also urged medical marijuana users to avoid vape products because of their possible link to pulmonary illnesses, the use of dried flowers is typically difficult without being able to smoke or vape.
Are Edibles Legal In New York State?
Edibles are currently prohibited in the state; however, the law allows for food and beverage manufacturers to create edibles using only cannabidiol (CBD) without the THC component. The forms of medical marijuana that patients have legal access to ingest include capsules, liquids, sprays, oils, and vaporizers.
The legalization of medical marijuana in New York State has given many individuals with chronic illnesses a chance for new treatment options. Each patient is different, which is why the law provides a loose definition of how much a person can carry at one time – a 30-day supply – so that each patient can get their allotted amount to help with their specific condition.
Featured image by Tania Fernandez on Unsplash