Cannabis
Penal Law § 222.05 — at 21 or older, up to three ounces and twenty-four grams of concentrate is lawful
Lawful at 21. At twenty-one or older it is lawful to possess, display, buy or carry up to three ounces of cannabis and up to twenty-four grams of concentrated cannabis, to give those amounts without payment to another person of twenty-one or older, and to use cannabis unless state law prohibits it in the place.
Odor alone is not reasonable cause. No finding of reasonable cause to believe a crime was committed may rest only on the odor of cannabis, the odor of burnt cannabis, possessing or being suspected of possessing the lawful amounts, or cash near cannabis, alone or together. Conduct the section makes lawful is no basis for an approach, search, seizure, arrest or detention.
The one exception is the odor of burnt cannabis while an officer investigates whether a driver is impaired by drugs. Even then it gives no probable cause to search any part of the vehicle that is not readily accessible to the driver and reasonably likely to hold evidence of the driver's condition.
Smoking or vaping cannabis where the public health law prohibits smoking, or smoking, vaping or ingesting it on school grounds or a school bus, carries a civil penalty of no more than $25 or up to 20 hours of community service.
Over the limit: a violation. Knowingly and unlawfully possessing more than three ounces of cannabis, or more than twenty-four grams of concentrated cannabis, is unlawful possession of cannabis, a violation punishable by a fine of not more than $125.
Sources for this section (3)
- Penal Law § 222.05 — Personal use of cannabis
- Penal Law § 222.10 — Restrictions on cannabis use
- Penal Law § 222.25 — Unlawful possession of cannabis
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.