Can cannabis products be sold in New York?

Clarification of the state of the cannabis market in America [September 2022]

A year ago, the New York State administration reportedly legalized the sale of cannabis, authorizing the distribution of the drug within the state with a 13% tax rate. Many have contacted us because they want to do business in the US by seizing the opportunities that have emerged in the cannabis market. Still, some clarification is needed to protect our public and operate within the law.

The state of New York legalized recreational marijuana for adults aged 21 and older in the spring of 2021, but has not yet allowed it to be sold.

Regulations on the use and possession of cannabis in the state of New York

Selling cannabis and marijuana products in the US will have to wait until at least the end of 2022

American consumers will be able to purchase marijuana from authorized retailers by the end of 2022. As of now, it is legal to possess small amounts of cannabis for personal use and share it with another adult. The word 'share' has created a grey area and allowed many sellers to circumvent the laws, for example by selling a product or service and then 'gifting' the marijuana to a customer.

Here are the key facts about the regulation of cannabis use and possession in New York.

It is legal to:

• Possess up to 3 ounces of cannabis and up to 24 grams of concentrated cannabis for personal use. Adults may smoke cannabis anywhere tobacco smoking is permitted, except in cars or outdoor dining areas. [Currently, 50 dispensary licenses have been issued, so it is already possible to legally purchase cannabis]

It is illegal to:

• Possess and consume cannabis under the age of 21.
• Sell cannabis without a license.
• Grow cannabis at home.

Once the state of New York grants licenses to sell and cultivate cannabis, it will be legal to:

• Purchase cannabis products in legitimate sales outlets.
• Consume cannabis on designated premises.
• Grow cannabis plants at home.

To stay up-to-date on the issuance of licenses to sell cannabis in New York State, you can consult the OCM (Office of Cannabis Management) website:

https://cannabis.ny.gov/

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