With the legalization of cannabis products on March 31, 2021 under the Marijuana Regulation and Taxation Act (MRTA), New York is expected to be one of the nation's largest regulated marijuana markets, with a projected $4.2 billion in sales within five years. While the law went into immediate effect, the associated regulations and licensing have been slow to emerge, leaving New Yorkers, especially commercial and residential landlords, in a cloud of confusion and uncertainty surrounding the use of their properties.

Landlords must sift through the haze when renting while the law on marijuana use, cultivation, and distribution is still emerging.

What the Law Allows

New Yorkers 21 and older can now legally possess limited amounts of marijuana and concentrated cannabis for recreational use, and can legally smoke or consume marijuana in public almost everywhere they can smoke tobacco. There are exceptions. Not surprisingly, it is illegal to smoke at schools and workplaces; it is banned in parks, beaches, boardwalks, pedestrian plazas, playgrounds, where tobacco smoking is similarly prohibited; and is additionally banned inside cars (even while parked) and on outdoor patios at bars and restaurants.