Is Medical Marijuana Legal in New York?
No, medical marijuana is not currently legal in New York. However, the state does have a limited medical marijuana program which was enacted in 2014. Under this program, doctors can prescribe certain forms of non-smokable medical marijuana to patients with certain qualifying conditions.What Are The Qualifying Conditions For Medical Marijuana in New York?
According to the New York State Department of Health, the qualifying conditions for medical marijuana in New York are:
# Cancer
# HIV/AIDS
# Amyotrophic lateral sclerosis (ALS)
# Parkinson’s disease
# Multiple Sclerosis
# Spinal cord injury with spasticity
# Epilepsy
# Inflammatory bowel disease
# Neuropathy
# Chronic Pain
# Opioid alternative
# Post-traumatic Stress Disorder (PTSD)
# Huntington’s disease
# Cachexia or wasting syndrome
# Severe or chronic pain, severe nausea or vomiting, seizures, or severe or persistent muscle spasms.How Do I Get A Medical Marijuana Card in New York?
In order to obtain a medical marijuana card in New York, you must first be certified by a registered medical marijuana practitioner. This can be done by visiting a qualified physician and getting properly diagnosed with a qualifying medical condition. If the physician determines that your condition qualifies for treatment with medical marijuana, he or she will provide you with the necessary certification. The certification must then be submitted to the New York Department of Health (DOH) along with an application and any other required documents. Once all the documents have been submitted, the DOH will review the application and issue a medical marijuana card if approved.What Is The Process For Applying For A Medical Marijuana Card in New York?
To apply for a medical marijuana card in New York, patients must first be certified by a registered practitioner. Patients must have one of the eligible conditions listed on the medical marijuana program website and have had the condition for at least three months. Once certified, patients can submit an application online or by mail to the New York State Department of Health with:
• Proof of New York residency
• A valid, government-issued photo ID
• A certification from the registered practitioner
• An application fee of $50 (reduced to $25 for patients enrolled in certain public assistance programs)
Once the application is reviewed and approved by the state, a medical marijuana card will be sent to the patient. The card will list the name of the patient, their certification expiration date, and their designated dispensary.Where Can I Find A List Of Licensed Medical Marijuana Dispensaries in New York?
The New York State Department of Health website (https://www.health.ny.gov/regulations/medical_marijuana/index.htm) provides a list of licensed medical marijuana dispensaries in New York.What Are The Possession Limits For Medical Marijuana in New York?
In New York, medical marijuana patients are allowed to possess up to a 30-day supply of medical marijuana. This is defined as up to a total of four ounces of medical marijuana in the form of either usable marijuana (flower, buds, shake) or cannabis-infused products (edibles, oils, tinctures, topical products).Can I Grow My Own Medical Marijuana in New York?
No, it is illegal to grow and possess marijuana for any purpose, including medical, in New York. Possession of any amount can result in criminal penalties, including jail time.How Do Medical Marijuana Laws Affect Employment And Drug Testing in New York?
Medical marijuana laws in New York do not protect an employee from termination for using or being under the influence of marijuana at work. The use of medical marijuana is also excluded from the protections of the New York State Human Rights Law, meaning employers can terminate an employee for using medical marijuana.
In terms of drug testing, employers in New York may still test for marijuana as long as they comply with all relevant laws and regulations. Moreover, employers are not required to accommodate an employee’s medical marijuana use as determined by a physician. Employers may also take adverse employment actions against employees who test positive for marijuana, even if the employee has a valid medical marijuana prescription.Are There Age Restrictions For Medical Marijuana Patients in New York?
Yes, there are age restrictions for medical marijuana patients in New York. In New York, the minimum age for a medical marijuana patient is 18, though minors may qualify with a caregiver. Minors must be diagnosed with one of the qualifying conditions and have written certification from two physicians.What Forms Of Medical Marijuana Are Available in New York?
Medical marijuana products available in New York include capsules, concentrates, oils, tinctures, patches, and vaporizable liquids.Are There Reciprocity Agreements For Out-Of-State Medical Marijuana Patients in New York?
No, there are no reciprocity agreements for out-of-state medical marijuana patients in New York. New York’s medical marijuana program is only available to residents of the state.What Are The Penalties For Using Or Possessing Medical Marijuana Without A Card in New York?
It is illegal to use, possess, or cultivate marijuana for any purpose in New York State. Possession of up to two ounces or less of marijuana is a violation, punishable by a fine up to $100. Possession of more than two ounces is a misdemeanor, punishable by up to three months in jail and a fine of up to $500. Sale or delivery of any amount of marijuana is a felony punishable by up to four years in prison and a fine of up to $5,000.Can I Get A Medical Marijuana Card If I’M Not A Resident in New York?
No, you cannot get a medical marijuana card if you are not a resident of New York state. New York State law requires that a patient must be a resident of New York State in order to qualify for medical marijuana.What Is The Role Of Doctors In Recommending Medical Marijuana in New York?
In New York, the role of doctors in recommending medical marijuana is to evaluate the patient’s medical condition and determine if they have a qualifying condition. Doctors must also provide written certification for the medical marijuana recommendation and complete all required continuing education. Additionally, patients must be registered with the New York State Department of Health Medical Marijuana Program in order to obtain medical marijuana.Are There Restrictions On Where I Can Use Medical Marijuana in New York?
Yes. Medical marijuana is only permitted to be possessed and consumed in a private residence or other location registered by the New York State Department of Health. Medical marijuana cannot be consumed or possessed in any public place, such as parks, playgrounds, or on school property. Additionally, medical marijuana can only be dispensed from a registered dispensing facility located in New York State.Can I Apply For A Medical Marijuana Card Online in New York?
No, you cannot apply for a medical marijuana card online in New York. Medical marijuana cards in New York are issued by the state’s Department of Health and require an in-person visit to your doctor before an application can be submitted.What Are The Fees Associated With Obtaining A Medical Marijuana Card in New York?
The fee for obtaining a medical marijuana card in New York is $50 for a three-year certification. Renewal fees are also $50. For veterans, the fee is waived.Do I Have To Notify My Employer If I Have A Medical Marijuana Card in New York?
No, you do not have to notify your employer if you have a medical marijuana card in New York. However, you should be aware of any employer policies or drug testing requirements that may be in place and how medical marijuana could affect your employment.Can Medical Marijuana Patients Purchase Firearms in New York?
No, medical marijuana patients in New York are not allowed to purchase firearms. Under federal law, all gun dealers must run a background check before a sale can be completed. During this background check, the buyer must answer a series of questions which include whether or not they are an unlawful user of, or addicted to, marijuana or any other controlled substance. Since medical marijuana is still classified as a Schedule I drug by the federal government, a patient who discloses their medical marijuana status will be declined the sale.What Legal Protections Do Medical Marijuana Patients Have in New York?
Medical marijuana patients in New York are protected by the state’s Compassionate Care Act, which prohibits employers from discriminating against a qualified patient or caregiver in hiring, termination, or any other term or condition of employment. Additionally, the act prohibits landlords from refusing to rent to a qualified patient or caregivers. The law also protects medical marijuana patients from arrest and prosecution for possession and use of marijuana. Finally, medical marijuana patients in New York are also protected from having their personal information disclosed to the public.