whatdidgovtdofor.you

New York law, March 2021

Adults 21 and up can use cannabis legally, and some old pot records are cleared

Carried by

No photo on file, so initials stand in.

  • 3 ounces cannabis an adult 21 or older can legally carry, plus 24 grams of concentrate
  • 40% of net state cannabis tax revenue supports communities harmed by the drug war
  • 40% of net state cannabis tax revenue goes to schools and public education

Working now. In effect since March 2021.

What it means for you

Since March 31, 2021, New Yorkers 21 and older can carry up to 3 ounces of cannabis. Past convictions for conduct that is now legal are automatically expunged or suppressed, and employers generally can't punish legal off-duty use.

Who benefits: New Yorkers 21 and older, and people with past marijuana convictions for conduct the law made legal, whose records are automatically expunged or suppressed from background searches without an application.

If you’re 21 or older in New York, you can legally have up to 3 ounces of cannabis and 24 grams of concentrate, such as edibles or oil. You can use it at home and in most places where you can smoke tobacco, and you can grow up to six plants at home for yourself. If you had a conviction for conduct that is no longer a crime, the state automatically expunges it or suppresses it from background searches while expungement is pending; you do not have to apply. Once a record is expunged, even a court or prosecutor can’t see it.

The law also generally protects your job. Your employer can’t fire you or refuse to hire you for legal cannabis use outside work hours, off the job site, and without company equipment. An employer may still act if specific, observable symptoms show that cannabis has reduced your work performance or interfered with workplace safety, or if state or federal law or federal funding rules require it.

Legal sales are taxed. After the state’s costs to run the program, 40% of the remaining state tax revenue goes to communities harmed by the drug war, 40% goes to education, and 20% goes to drug treatment and public education.

Sen. Liz Krueger and Assembly Majority Leader Crystal Peoples-Stokes carried the bill for years. Senate Majority Leader Andrea Stewart-Cousins, Assembly Speaker Carl Heastie and Gov. Andrew Cuomo negotiated the final agreement. The Senate approved it 40–23 and the Assembly 94–56 on March 30, 2021; Cuomo signed it the next day.

RightsWork and wagesSafety

Sources

  1. S854A, Marihuana Regulation and Taxation ActNew York State Senate, March 31, 2021
  2. Final bill introduced to legalize, tax, and regulate adult-use marijuanaOffice of Sen. Liz Krueger
  3. Adult-use cannabis general informationNew York State Office of Cannabis Management
  4. Labor Law Section 201-DNew York State Senate
  5. Governor Cuomo signs legislation legalizing adult-use cannabisOffice of Governor Andrew Cuomo, archived by the Town of East Hampton, March 31, 2021

How we checked this

Drafted by Claude Opus 5.5 (Anthropic) on November 11, 2026. Checked against its sources by GPT-5.6-sol (OpenAI) on November 11, 2026, which corrected it. Confirmed the law, current status, sponsors, and Senate vote. Tightened claims about expungement, workplace protections, and tax allocations; corrected credit for the final negotiations and added the official Assembly vote.

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From left: Chi Ossé (D), Bill Stanley (R), and Louise Lucas (D).

From left: Chi Ossé (D), Bill Stanley (R), Louise Lucas (D), Emmett Hanger (R), and Michelle Hinchey (D).

Illustrations from photos.See the photo of Ossé (New York City Council), opens in a new tab© New York City Council, used as a drawing reference.See the photo of Stanley (Office of the Governor of Virginia, via Wikimedia Commons), opens in a new tabCC BY 4.0.See the photo of Lucas (Senate of Virginia), opens in a new tab

Illustrations from photos.See the photo of Ossé (New York City Council), opens in a new tab© New York City Council, used as a drawing reference.See the photo of Stanley (Office of the Governor of Virginia, via Wikimedia Commons), opens in a new tabCC BY 4.0.See the photo of Lucas (Senate of Virginia), opens in a new tabSee the photo of Hanger (Senate of Virginia), opens in a new tab© Senate of Virginia, used as a drawing reference.See the photo of Hinchey (NY Senate, via Wikimedia Commons), opens in a new tabCC BY 2.5.