So what am I supposed to do now? But also, here are some tips. The law — which separates out different types of licences processing, cultivation, distribution, etc. Speaking of! Anyone convicted of a marijuana-related offense that is now legal will see their records automatically expunged. And as Gothamist explains , if you were convicted of selling small amounts of weed — anything less than 25 grams — that conviction gets automatically expunged, too.
Already a subscriber? McQueeny estimated it will be at least nine months, perhaps up to two years, before New Yorkers can lawfully go out and buy cannabis in the new adult-use marketplace. The short answer is lawmakers crafted a bill that immediately made recreational marijuana legal but punted bigger decisions about how New York's weed industry will operate down the line, McQueeny said.
Many, if not most, of those decisions will be made by a new Office of Cannabis Management. The office's board members will ultimately shape regulations that aren't baked into the law.
But the law does provide hints as to what New York City's weed scene will look like, and it appears to be good news for future mom-and-pop pot shops. McQueeny said the law generally forbids cannabis businesses from holding multiple types of licenses — a major weed grower can't also run dispensaries, for example. He said that aims to diversify the marketplace and free up space for smaller businesses. De Blasio has said he wants to avoid corporations or big businesses from dominating cannabis businesses in New York City.
That that's still up in the air, honestly. Now, of course, de Blasio's term could run out before those decisions are made. New York City and other municipalities also have nine months if they want to opt out of retail dispensaries or on-site consumption licenses, so it's conceivable that city lawmakers may try to keep those marijuana businesses out of the Big Apple. But as McQueeny notes, the law won't allow local governments to ban businesses or people from growing marijuana.
Smoking cannabis now falls under the state's clean indoor air act, which effectively makes it legal to smoke anywhere it's legal to smoke tobacco. That means New Yorkers can legally smoke weed outside, although it should be noted it's illegal to smoke tobacco in the city's parks.
City dwellers can also smoke in their homes, with some notable exceptions. In , the NYPD made 3, arrests for smoking marijuana in public; in , they made 50, such arrests; in the mids, that number had dropped to around 30, a year. In an interview with PIX 11 on Wednesday, NYPD Commissioner Dermot Shea said it was "troubling" that New Yorkers will now be able to smoke marijuana outside, because the department fields so many complaints about the smell of marijuana.
He added, "I think what the commissioner is really worried about is that officers can no longer use that odor as a pretext to stop, search, and harass people. Yes, the police can use the smell of marijuana to determine if someone is driving while intoxicated. That law already exists , and New Yorkers are already prosecuted for driving under the influence of weed.
Unlike alcohol, where there is a legal limit of 0. If you must ride in a car with marijuana, you should treat it like an open container of alcohol, and store it in the trunk. Until the MRTA sets up the regulatory system for growing marijuana, home growing is still technically unlawful—but there are no criminal penalties for it. Also, your landlord or co-op board may have their own prohibitions on this activity, just like they may have prohibitions on smoking cigarettes indoors.
Check your lease. No, that is technically illegal, as marijuana is still federally prohibited, and in NYCHA banned cigarette smoking everywhere except for designated areas. According to Northrup, if you were convicted of criminal sale in the 5th degree, or 4th degree—anything less than 25 grams of marijuana—your conviction will automatically be expunged.
The MRTA has employment protections against being fired for a positive marijuana test, but if your job requires any sort of federal clearance, the prohibition on federal marijuana supersedes state law. Your boss can fire you for getting high on the job, just like they could fire you for drinking on the job. That's not the case, according to many regulars in Manhattan's popular and historic Washington Square Park, a acre park encompassed by NYU that accounts for one-third of the total smoking tickets since On a recent beautiful day in the packed park, a handful of people smoked openly.
There were no PEP officers around, but two chess players said even if the PEP officers were there, they wouldn't be issuing smoking tickets. Based on the data, ticketing in Washington Square Park is very uneven. Between January and September , not a single smoking ticket was issued in the park. After the October frenzy, not one ticket was issued in the park in November, December or this January — and regulars say they haven't seen officers enforcing the rule in recent months.
In the first six months of , only 18 tickets for smoking in parks were issued across the city. In the second half, This stark increase in tickets coincides with a rare hiring spree in PEP officers. Parks did not provide a breakdown of PEP officers by borough.
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