New York Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of New York. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALNew York permits the sale and possession of hemp-derived CBD products containing less than 0.3% Delta-9 THC, consistent with the 2018 Farm Bill. The New York State Department of Agriculture and Markets regulates hemp products under Agriculture and Markets Law Article 29-C.
Possession
Legal for adults to possess hemp-derived CBD products with less than 0.3% THC.
Sale
Retail sale is legal with licensing and compliance with state labeling and testing requirements.
Penalties
Unlicensed sale or possession of products exceeding THC limits may result in fines or criminal charges.
Age Restriction
21+ to purchase CBD products in retail settings.
Delta-8 THC
RESTRICTEDNew York permits hemp-derived cannabinoids including Delta-8 THC under the state's hemp program (Agriculture and Markets Law Article 29-C). However, the NY Department of Health has issued warnings about unregulated Delta-8 products, and the state requires products to meet strict testing and labeling standards. Sale to minors is prohibited.
Possession
Legal if derived from hemp and contains less than 0.3% Delta-9 THC.
Retail Sale
Allowed with state licensing and compliance with testing and labeling requirements.
Penalties
Unlicensed sale or possession of non-compliant products may result in fines or misdemeanor charges.
Age Restriction
21+ for purchase.
Delta-9 THC Edibles
LEGALHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in New York under the 2018 Farm Bill. New York continues to refine its cannabis regulations following adult-use legalization.
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
LEGALKratom is legal in New York. The NYC Department of Health prohibits the sale and possession of kratom within city limits under local health codes. Statewide, no statute bans kratom.
Possession
Legal statewide; illegal within New York City.
Sale
Legal statewide; illegal within New York City.
Penalties
NYC violations may result in fines and confiscation; no state penalties.
Age Restriction
None statewide; NYC prohibits sale and possession regardless of age.
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin mushrooms are illegal in New York under the state's Controlled Substances Act (NY Penal Law § 220.00). Psilocybin is classified as a Schedule I controlled substance, prohibiting possession, sale, and manufacture.
Possession
Illegal; possession is a criminal offense subject to misdemeanor or felony charges depending on quantity.
Distribution
Illegal; sale and distribution are felony offenses.
Penalties
Penalties range from fines to imprisonment depending on amount and intent.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
LEGALRecreational marijuana is legal for adults 21+ in New York. No significant legislative changes since 2023.
Personal Possession
Adults 21+ may possess up to 3 oz of flower and 24 grams of concentrate. Home cultivation of up to 6 plants per person (12 per household) is allowed.
Retail Purchase
Legal through licensed dispensaries under the MRTA. Retail rollout has been slower than expected due to licensing delays and litigation.
Penalties
Possessing over 3 oz but under 16 oz is a misdemeanor. Over 16 oz is a felony. Public consumption is a $25-$50 civil penalty.
Age Restriction
21+
Salvia
RESTRICTEDSalvia divinorum is not a controlled substance in New York and is legal to possess, sell, and use. No significant legislative changes.
Possession
Legal. Salvia divinorum is not a controlled substance in New York. No restrictions on personal possession.
Sale
Legal to sell in retail stores and online in New York. No special licensing required.
Penalties
N/A
Age Restriction
None