Marijuana Regulation & Taxation Act (“MRTA”)

On March 31, 2021, New York became the fifteenth State to legalize adult-use cannabis (also known as “recreational marijuana”) by passing the Marijuana Regulation & Taxation Act. In 2016, New York State legalized marijuana for medical purposes and legalized for recreational use in 2021 under the MRTA. The much-anticipated passage of the MRTA is expected to create significant tax revenue, jobs, and spread profits from Cannabis among a diverse group of people.

Under the MRTA, adults aged twenty-one and older are allowed to possess up to three ounces (85 g) of cannabis and 0.85 ounces (24 g) of concentrated cannabis. Additionally, once regulations are in place, a person can grow up to three mature and three immature Cannabis plants per individual. However, there is a maximum of twelve Cannabis plants per household. [1]

The MRTA also resulted in previous marijuana-related criminal records in the state of New York being expunged. New York State has prohibited employers from testing applicants and current employees for Cannabis use or discriminating or acting against employees who choose to use Cannabis outside of the workplace. [2] MRTA does not require New York State businesses to adopt MRTA policies that violate federal law. Private landlords cannot deny housing because of cannabis use; however, private building policies may limit or prohibit smoking and vaping inside homes.

For these reasons, it is important that you contact a knowledgeable attorney, who can guide you through the intricacies and application of the law. At J. P. Robinson Law, we offer free initial consultants and will work with you to find the best path forward, whether by initiating or defending a legal action or resolving issues before legal steps must be taken. To get started please call J. P. Robinson Law at (914) 265-3179 or email at Justin@jprobinsonlawllc.com.

Stay tuned for our next blog on the Recreational Marijuana licensing process.

Resources

Senate Bill S854A - Marijuana Regulation & Taxation Act

https://www.nysenate.gov/legislation/bills/2021/S854

New York State Office of Cannabis Management – Adult Use Cannabis Legalization

https://cannabis.ny.gov/system/files/documents/2022/02/adult-use-cannabis-legalization_0_1.pdf

For more information on legal adult use, possession, and health effects visit the New York City Department of Health

https://www.nyc.gov/site/doh/health/health-topics/marijuana.page

Citations

[1] Campbell, Jon (March 29, 2021). "What to know about NY's plan to legalize recreational marijuana". Democrat and Chronicle. Archived from the original on March 31, 2021. Retrieved March 31, 2021.

[2] https://ny1.com/nyc/all-boroughs/politics/2021/10/22/new-york-employers-are-banned-from-testing-most-workers-for-weed