New York Marijuana Compliance

Though many states enforce strict marijuana laws that restrict both the medical and recreational use of marijuana, the state of New York is not one of them. Under current New York marijuana laws, the consumption, sale, and possession of marijuana are fully legal for both recreational and medicinal purposes.

With some of the most lenient marijuana compliance laws in the country, New York employers are actually prohibited from testing for marijuana or using a positive marijuana drug test for job discharge or employment purposes unless it relates to a safety-sensitive position. They can also take action if an employee is impaired at work. Whether you're an employer yourself or a New York resident, take a deeper dive into New York marijuana laws below.

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This Information Is Not Intended for Legal Purposes

The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Since marijuana testing regulations can vary, we advise you to seek the guidance of expert legal counsel when creating your company's substance abuse screening program.

New York Marijuana Compliance

New York Marijuana Laws

Overall Status: Fully Legal

Joining states like Colorado and California, the consumption, possession, and sale of marijuana for both recreational and medical purposes is fully legal in the state of New York. Likewise, additional legislation has been passed in recent years to partially decriminalize the possession of marijuana in the state of New York.

Medical Marijuana: Legal

In 2014, medicinal marijuana was legalized in the state of New York under the Compassionate Care Act. Under these New York marijuana laws, a resident who is suffering from a serious condition may apply for medicinal marijuana patient status if recommended by a New York Department of Health-certified physician. The list of qualifying conditions includes but is not limited to Parkinson's disease, chronic pain, epilepsy, and multiple sclerosis.

Decriminalized: Yes

After an effort to implement recreational marijuana laws failed in 2019, Governor Andrew Cuomo passed a New York marijuana law that partially decriminalized the possession of marijuana and expunged low-level marijuana possession charges from New York criminal records.

Under Senate Bill S6579A, the possession of any marijuana type under two ounces is no longer viewed as a criminal offense and rather a civil offense. With updated recreational marijuana laws recently going into effect in 2021, a New York adult resident may now possess up to three ounces of cannabis without the concern of criminal or civil penalties.

Recreational Marijuana: Legal

In March 2021, the New York State Senate passed SB 854-A, the Marihuana Regulation and Taxation Act, which legalized the use, possession, and sale of recreational marijuana in the state of New York. Under this recent New York marijuana law, an adult resident 21 years or older may purchase and possess up to three ounces of marijuana and up to 24 grams of marijuana concentrate. This bill additionally established the New York Office of Cannabis Management, which will now be used to oversee all medical and recreational marijuana-related matters.

Last updated 1/15/2024

Frequently Asked Questions

The state senate passed the Marihuana Regulation and Taxation Act in March 2021 to fully legalize the recreational and medical use of marijuana in the state of New York.

Are there any unique laws about marijuana in New York?

Under New York Labor Law 201-d, New York employers are prohibited from screening applicants and employees for marijuana use for purposes of employment or job dismissal unless specified as a requirement for the position.

What is New York's history with marijuana?

Medical marijuana first became legal for qualified patients suffering from chronic conditions in 2014, with recreational marijuana later becoming legalized for New York adult residents 21 years or older in March 2021.

Drug Panels That Exclude Marijuana

Urine Drug Panels That Exclude Marijuana Testing

Some of the popular drug panels that remove marijuana testing are listed below:

Also try taking a look at our comprehensive list of urine drug tests that exclude marijuana, where you'll find a complete list of drug tests that do not include THC testing under the "Exclude Marijuana" section.

Hair Drug Panels That Exclude Marijuana Testing

Two of our popular hair tests allow for the option to exclude marijuana from the panel of substances being tested. These include:

For a complete list of our hair drug tests, take a look at our comprehensive list of hair tests.

Drug Panels That Include Marijuana

Urine Drug Panels That Include Marijuana Testing

Many of our testing options include marijuana testing. Below are some of the most popular urine drug tests including marijuana:

Also try taking a look at our comprehensive list of urine drug tests that include marijuana.

Hair Drug Panels That Include Marijuana Testing

Our variety of hair drug tests include many options for marijuana testing. Some of the most commonly ordered hair drug tests are:

A comprehensive list of the hair drug tests that we offer can be found here.


"New York Labor Law Section 201-D." The New York State Senate,
"Medical Marijuana Program Laws and Regulations" New York State Department of Health,
"DOL: Employers can write up, fire employees for smoking recreational marijuana on the job." News12, 20 October 2021,
"Senate Bill S6579A" The New York State Senate,
"Senate Bill S854A" The New York State Senate,