The state of New York is one of those US states where both medical and recreational marijuana are legal for possession and usage. That means, yes, you can visit a dispensary without a medical marijuana card in New York, as long as you’re older than 21 and have some state ID that can prove your status as a resident of the state of New York.
Even though recreational marijuana is legal here, there are some special benefits that only medical marijuana users enjoy. Let CertaMD take you through the journey of accessing marijuana through dispensaries and why having a medical marijuana card is way better than using marijuana as a recreational user.
Benefits of having a medical marijuana card in New York
Having a medical marijuana card in New York provides access to safe, tested cannabis products from licensed medical dispensaries. These products are thoroughly checked for quality, ensuring that patients receive a product that is both effective and safe. Additionally, medical cardholders benefit from significant tax savings. While recreational cannabis is taxed at 13%, medical cannabis is only subject to a 7% tax, leading to considerable savings, especially for those who rely on cannabis regularly for treatment.
Medical cardholders in New York also enjoy legal protections that recreational users do not have. These protections are especially valuable when justifying the use and possession of cannabis for medical purposes. Furthermore, medical users can possess a 60-day supply, as prescribed by their healthcare provider, which often exceeds the 3-ounce limit set for recreational users. For those who travel, some states with medical reciprocity agreements may recognize New York medical marijuana cards, granting access to cannabis while visiting.
Another advantage is the lower age limit for medical cannabis. Patients as young as 18 can obtain a medical card, allowing younger individuals with qualifying health conditions to use cannabis legally. Medical cardholders also receive guidance from certified healthcare providers, who can help in customizing treatment plans to their specific needs. Plus, cardholders typically have access to a larger network of dispensaries, offering greater convenience in finding licensed outlets to purchase their favorite cannabis strains.
What are the qualifying medical conditions?
The state of New York is quite lenient when it comes to the qualifying medical conditions for medical marijuana users. The state does have a list of qualifying medical conditions that are mentioned below, however, access to medical cannabis is not confined to these medical conditions and can be provided based on a certified physician’s prescription.
- Autism
- HIV/AIDS
- Alzheimer’s
- Neuropathy
- Rheumatoid Arthritis
- Cancer
- Epilepsy
- Inflammatory Bowel Disease
- Certain Mental Health Conditions (PTSD, anxiety, etc)
- Chronic Pain
- Multiple Sclerosis
- Parkinson’s Disease
- Muscular Dystrophy
- Substance Use Disorder
Rules and regulations that govern the sales and consumption of marijuana in New York
In the state of New York, the sale of marijuana in dispensaries is regulated under the Marihuana Regulation and Taxation Act (MRTA). This legislation, which legalized adult-use cannabis, established the Office of Cannabis Management (OCM) to oversee and regulate the cannabis industry. The OCM is responsible for issuing licenses and creating regulations for businesses involved in the cannabis market, ensuring compliance and proper operation throughout the state.
When it comes to taxes, cannabis products are subject to a THC-based excise tax and a retail tax. The THC-based tax is determined by the total milligrams of THC in the product, with flower taxed at $0.005 per milligram, concentrated cannabis at $0.008 per milligram, and edibles at $0.03 per milligram.
Additionally, there’s a 13% retail tax on all adult-use cannabis sales. Dispensaries are required to file quarterly tax returns for the periods ending in May, August, November, and February, with payment due by the 20th of the following month, even if no sales occurred during that quarter.
Final Note
You now know the benefits of having a medical marijuana card in New York even if you can visit a dispensary without a medical card as a recreational cannabis user. However, make sure to consult the benefits of medical marijuana for your long-term health before applying for a state-issued MMJ card.
FAQ’s
Can I visit a dispensary in New York without a medical card?
Yes, adults 21 and older can visit recreational dispensaries without needing a medical marijuana card.
Is recreational marijuana legal in New York City?
Yes, recreational marijuana is legal for adults 21 and older in New York City.
What are the cannabis purchase limits at New York dispensaries?
Adults 21 and older can buy up to 3 ounces of cannabis flower or 24 grams of concentrate.
Can out-of-state residents buy cannabis in New York?
Yes, but they must consume the cannabis within New York state due to federal law prohibiting transportation across state lines.
What kind of ID is needed to buy marijuana in New York dispensaries?
You need a government-issued photo ID that verifies you are 21 years or older.
Can I use cannabis in public places in New York?
No, cannabis cannot be used in public areas where smoking tobacco is also prohibited.
Do medical marijuana patients have higher purchase limits than recreational users?
Yes, medical patients can possess a 60-day supply, which may be more than the recreational limit.
