Marijuana Possession Laws in NYC: What’s Still Illegal in 2025?

Thanks for visiting Spodek Law Group – a second-generation criminal defense firm managed by Todd Spodek, with over 50 years of combined experience defending marijuana cases throughout New York. Marijuana is legal in New York – but with significant limits. You can possess three ounces. Exceed that by an eighth of an ounce and you’re facing criminal charges. Sell marijuana without a license and you’re looking at $10,000 daily civil penalties plus criminal prosecution. Drive while high and it’s DWI with the same penalties as drunk driving.

This article explains what’s legal in 2025, what remains criminal, the specific possession limits that trigger charges, why unlicensed sales carry massive penalties, and how public consumption and driving restrictions work. We’re covering what matters when prosecutors charge you despite legalization.

What’s Legal in New York in 2025

The Marihuana Regulation and Taxation Act legalized adult-use marijuana in 2021. Adults 21+ can legally:

Possess up to 3 ounces of marijuana flower and 24 grams of concentrated cannabis.

Store up to 5 pounds at home (separate from carry limits).

Use marijuana in public where tobacco smoking is allowed.

Grow up to 3 mature and 3 immature plants at home (6 mature and 6 immature per household).

What’s Still Illegal: Possession Over Legal Limits

Exceeding possession limits triggers criminal charges under Penal Law Article 222.

3-16 oz: Criminal violation, fine up to $150. No jail, but creates criminal record.

16 oz-5 lbs: Class A misdemeanor, maximum 364 days jail, $1,000 fine.

5-10 lbs: Class E felony, one to four years prison. Trafficking territory.

10+ lbs: Class D felony, one to seven years prison.

Concentrated cannabis: 5 oz-2 lbs = misdemeanor. Over 2 lbs = Class E felony. Over 4 lbs = Class D felony.

Unlicensed Sales: The Biggest Criminal Exposure

Selling marijuana without a license remains illegal. New York aggressively prosecutes unlicensed sales through both criminal charges and massive civil penalties.

The Office of Cannabis Management imposes $10,000-$20,000 per day civil penalties for unlicensed sales. Recent judgments: $6 million against a Brooklyn shop, $9.5 million against an Ontario County operator, $15.2 million against seven upstate stores.

Criminal charges: Class A misdemeanor minimum, one year jail, $1,000 fine. Prosecutors charge even small-scale sales.

Tax fraud: New criminal offense for willfully failing to collect cannabis taxes.

Intent to sell: Inferred from packaging materials, scales, customer communications.

Public Consumption Restrictions

Where you can’t smoke or vape marijuana – even though possession is legal:

Motor vehicles: Illegal in cars (even parked). $150 fine.

Restaurants/bars: Illegal unless licensed consumption area exists.

Parks: Many NYC parks prohibit all smoking. Check local rules.

Businesses/dispensaries: Illegal inside. Consumption lounges require separate licenses.

College campuses: Federal law prohibits marijuana on campuses. Violation affects financial aid.

Near schools: Restricted within 100 feet during school hours in many municipalities.

Driving While Impaired by Marijuana

Driving while ability-impaired by marijuana remains a criminal offense – same framework as alcohol DWI.

DWAI-Drug (Class U misdemeanor): First offense – $500-$1,000 fine, 90-day license suspension. Second offense – jail up to 30 days, six-month revocation. Third offense – jail up to 180 days.

How police prove impairment: Drug recognition experts conduct 12-step evaluations. Blood tests measure THC levels. Field sobriety tests establish impairment.

Legal challenges: THC remains in blood for days/weeks after use. We challenge whether positive tests prove impairment while driving or just prior use. DRE evaluations are subjective – we challenge officer qualifications and procedures.

Age Restrictions: Under 21 Possession Remains Illegal

Marijuana is illegal for anyone under 21. No exceptions for medical use without a medical marijuana card.

Penalties: First offense – $50 fine or warning, drug education. Second offense – $100 fine. Third+ offense – $200 fine.

Selling to minors: Two-degree enhancement. Adult selling to under-21 faces Class B felony.

Interstate Transport: You Can’t Take Marijuana Across State Lines

Federal law prohibits transporting marijuana across state lines – even between legal states. Crossing state lines triggers federal trafficking charges with mandatory minimums based on weight.

Mail/commercial transport: Shipping via USPS, FedEx, UPS – all federal offenses.

Federal Law: Marijuana Remains Schedule I

Marijuana is a Schedule I controlled substance under federal law. Federal agencies can prosecute marijuana offenses even in legal states.

Federal property: Marijuana illegal on federal property – national parks, federal buildings, military bases.

Federal employment: Federal employees can be fired for marijuana use. Security clearances denied.

Immigration: Marijuana convictions create deportability for non-citizens. Even legal state use can make non-citizens inadmissible.

What Spodek Law Group Does in Marijuana Cases

We’ve defended thousands of marijuana cases – before and after legalization. Our team includes former prosecutors who understand how post-legalization charges work.

Weight challenges are critical for possession over legal limits. The difference between 2.9 ounces and 3.2 ounces determines whether you walk free or face criminal charges. We demand independent testing, challenge whether stems and seeds were included, and examine whether moisture content inflated weight.

Unlicensed sales require aggressive challenges. Prosecutors infer intent to sell from circumstantial evidence. We challenge whether packaging proves sales or just how you stored personal use marijuana. We attack whether text messages actually discuss sales or ambiguous communications.

DWAI-marijuana cases require technical defenses. We challenge DRE evaluations, blood test procedures, and whether prosecutors can prove you were impaired while driving versus using marijuana hours earlier.

At Spodek Law Group, we focus on getting you the best possible outcome – whether that’s getting charges dismissed, reduced to violations, or negotiating conditional discharges that avoid convictions entirely. You can reach us 24/7 at our offices throughout NYC and Long Island. When three ounces is legal but 3.2 ounces is criminal, your defense matters.