Law Talk brings answers to questions that you, our viewers, submit to our team of lawyers.  In this edition of Law Talk, Michael Donlon discusses New York State Cannabis Law after recreational-use cannabis shops have begun to open throughout the state.  

It’s now legal for adults 21 years or older to possess up to three ounces of cannabis or 24 grams of concentrated cannabis for personal use in New York. With regard to inside your own residence, you may lawfully possess up to five pounds of cannabis.

 It is still against the law for anyone under the age of 21 years old to possess, sell or use any amount of cannabis. Driving while under the influence or impaired by cannabis is also still illegal.

 Adults may smoke or vape cannabis wherever smoking tobacco is allowed under the “Smoke-Free Air Laws”, with the exceptions of, 
-Motor Vehicles, even when the vehicle is turned off. 
-Outdoor dining areas of restaurants.  

Smoking or vaping cannabis in a prohibited area may result in a civil summons and a fine of 25 dollars, and up to 25 hours of community service. 

At-home Cultivation is not allowed until June 24th of 2024 due to the law having an 18-month grace period from the opening of the first dispensary. If you are cultivating at home, you are limited to 3 mature cannabis plants and 3 immature cannabis plants at one time.  

Under the new law, any prior criminal convictions will be automatically expunged for people convicted of doing activities that are no longer criminal.  However, on a federal level, cannabis is still illegal, so you could run into trouble at airports, federal buildings, or borders.

Attorney Donlon also discusses how the labor law has been amended to address cannabis use and your employment.

You can catch Law Talk on Wednesdays during 18 News at Noon. You can submit questions to be answered by emailing