When the Marijuana Regulation and Taxation Act (MRTA) legislation was passed in 2021, New York became the 16th state to allow recreational marijuana use for adults, making it fully legal in the state. The law in New York states that it is legal for a person 21 years of age and older to possess up to three ounces of cannabis or 24 grams of concentrated cannabis.

Despite legalization, cities can still restrict cannabis business, employers can still impose a zero-tolerance “pot” policy and courts can and will consider the use of cannabis in child custody cases. Parents have the potential to lose custody of their children if child protective services or law enforcement believes their children to be endangered or if there is suspicion of neglect due to cannabis use.