Is Marijuana Legal in Brooklyn?
As of 2023, it is now legal for adults 21 and older to possess up to 3 ounces of cannabis and up to 24 grams of concentrated cannabis for recreational use.
Yet there are still some ways that marijuana use can get you into trouble in Brooklyn.
Giving Marijuana to an Underage Person
You may be charged with a crime for selling cannabis or giving cannabis to anyone under the age of 21.
Using Marijuana in Certain Places
It’s still illegal to use marijuana in certain locations, including:
- A motor vehicle
- A private business
- Smoke-free locations like public parks
- On federal land
Smoke-free locations cover any locations where smoking a cigarette would be prohibited. In addition, New York recently passed a law prohibiting cannabis and tobacco alike in all New York State Parks and other public outdoor spaces.
Employers also have the right to enforce policies prohibiting impairment at work, or the use of cannabis, even medical cannabis, at work.
Driving under the influence of any substance, including marijuana, remains a crime.
Crossing State Lines
It’s illegal to cross state lines with any marijuana, including medical cannabis.
Growing and Selling
You may not cultivate cannabis plants in your own home, or distribute it or sell it without a license. You can share cannabis without compensation, but be careful; some people try to offer “other gifts” in return. That’s still a sale.
You should also be careful where you purchase. Legal dispensaries may be harder to find, and mor expensive. But illegal marijuana avoids testing laws, which means it could have inaccurate labels that could threaten your health. They may also contain pesticides, e. Coli, salmonella, or heavy metals. In addition, while New York currently targets these dispensaries with civil enforcement rather than criminal enforcement, that could change at any moment.
Look for a license. If you want to sell, obtain one.
Marijuana Use and Possession: Still Against Federal Law
You should still be careful when using cannabis. It is still against federal law. While federal law enforcement doesn’t seem interested in going after individuals who use the substance in a legalization state in their own homes, you don’t want to bring it to the airport with you.
In addition, if you possess more than state limits, you could be charged both at the federal and state level for drug trafficking or other, related crimes.
Charged with a Marijuana Crime? Get Help Today
If you’ve been charged with a marijuana crime, you should still take it as seriously as you’d take any other criminal charges. Legalization won’t rescue you if you’re being accused of violating one of the many control laws surrounding marijuana usage in New York.
Contact our office to schedule a case review today.
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Neil S. Ruskin
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Brooklyn, NY 11201
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