New York: Medical Marijuana Handbook

New York:

New York Marijuana Tax Rate

Sales Tax Medical Excise Tax Medical Max Medical Tax Sales Tax Recreational Excise Tax Recreational Max Recreational Tax
N/A 7.00% 7.00% 13.00% N/A 13.00%

2021 New York Medical Marijuana Handbook

New York has 6 bordering states consisting of Connecticut, Massachusetts, New Jersey, Pennsylvania, Rhode Island, and Vermont.

Medical marijuana is legal in Connecticut and is subject to a cannabis sales tax of 6.35%. There is no cannabis excise tax charged on medical marijuana in Connecticut.


Medical marijuana is legal in Massachusetts , but they choose not to tax medical marijuana. There is no cannabis excise tax charged on medical marijuana in Massachusetts.


Medical marijuana is legal in New Jersey and is subject to a cannabis sales tax of 2%. There is no cannabis excise tax charged on medical marijuana in New Jersey.


Medical marijuana is legal in Pennsylvania , but they choose not to tax medical marijuana. There is, however, a 5% cannabis excise tax on all sales of medical marijuana in Pennsylvania.


Medical marijuana is legal in Rhode Island and is subject to a cannabis sales tax of 7.00%. There is no cannabis excise tax charged on medical marijuana in Rhode Island.


Medical marijuana is legal in Vermont and is subject to a cannabis sales tax of 6.00%. There is no cannabis excise tax charged on medical marijuana in Vermont.


Medical Marijuana is illegal in so there is no tax on medical marijuana in those states.

About New York Medical Marijuana

Is medical marijuana legal in New York?

Yes, medical marijuana is legal in New York

When and how did New York legalize marijuana for medical use?

New York legalized medical marijuana in 2014. This law was passed using Assembly Bill 6357 and passed with a vote of 70.7%. The official name for this law is the Medical Use of Marijuana NY Public Health Law Section 3360 et seq 2021 NY Cannabis Law Section 30 et seq

New York Medical Marijuana possession limits


Marijuana:

  • 30-day supply (non-smokable)

Plants:

  • TBD

Is it legal to grow marijuana for medicinal use at home in New York?

Yes, medical marijuana patients are allowed to grow marijuana for medicinal use.

As of 3/31/21, patients 21 years or older can cultivate marijuana for personal use. Designated caregivers 21 years or older can cultivate marijuana for a patient young than 21 or for a patient whose cognitive impairments prevent them from cultivating. The amount allowed for cultivation has not been determined but any regulations must allow the maximum number of cannabis plants a designated caregiver is authorized to grow is proportionately increased for each patient they are growing for.

Are there medical dispensaries available to patients?

Yes, as long as the patient presents the appropriate documentation for New York.

Medical marijuana can only be dispensed by an individual with an active NY states pharmacist license who had completed a 4 hour course and is on the premises and supervising the activity within the facility. They cannot dispense more than a 30 day supply to a patient and not until the patient has only 7 days’ worth of supply left. An individual dose for ingestible or sublingual medical products cannot contain more than 10 mg of THC. Marijuana cannot be smoked.

Is there a list of specific conditions for medical marijuana in New York?

  • cancer
  • HIV+
  • AIDS
  • amyotrophic lateral sclerosis (ALS)
  • Parkinson’s disease
  • multiple sclerosis
  • damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity
  • epilepsy
  • inflammatory bowel disease
  • neuropathies
  • Huntington’s disease
  • post-traumatic stress disorder
  • pain that degrades health and functional capability where the use of medical marijuana is an alternative to opioid use
  • substance use disorder
  • cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, severe or persistent muscle spasms, or such conditions as are added where those conditions are clinically associated with or are a complication of one of the above conditions As of 3/31/21:
  • Alzheimer’s
  • muscular dystrophy
  • dystonia
  • rheumatoid arthritis
  • autism
  • any other condition certified by the practitioner

The list above, and more detailed information on it, can be found in the New York medical marijuana law

Does New York have a medical registry system or ID card?

Yes, New York keeps track of their medical marijuna patients.

Registration cards are valid for one year, unless the provider determines otherwise, at which point they must then give a specific date when the card will expire. If the patient is terminally ill, the doctor can indicate that the card will not expire until the patient’s death. The doctor can also include any recommendations or limitations as to the form or dosage of the medical cannabis for a particular patient.

Does New York recognize patients from other states?

No, New York does not recognize patients from any state.

Are there any age restrictions for medical marijuana in New York?

For patients under 18, the application must be made by someone over 21 who is responsible for making health care decisions for the patient, such as a parent or legal guardian, a person designated by the parent or legal guardian, or an employee of a designated caregiver facility. They must consent to the patient’s use of an approved medical marijuana product and must acknowledge that the parent, legal guardian, or other appropriate person will control the acquisition and possession of the medical marijuana and any device for its administration.


** This Document Provided By SalesTaxHandbook **
Source: http://www.salestaxhandbook.com/new-york/marijuana/medical