NYC Cannabis Possession Limits

Last verified: April 2026

The Floor — Penal Law § 222.05

The MRTA created a clear, generous personal-possession floor for adults 21 and older. Inside that floor, possession of cannabis is not a crime, not a violation, and not a ticketable offense. Outside that floor, penalties escalate — but the floor itself was set deliberately wide.

Public Possession (Flower & Concentrate)

An adult 21+ may carry up to 3 ounces of cannabis flower and 24 grams of concentrated cannabis outside the home. Codified at Penal Law § 222.05. Three ounces is roughly 85 grams — substantially more than the personal-use limits in most other legal-cannabis states (compare Colorado, where the public-possession limit is 1 oz; California, where it is 28.5 g). The limit is generous in part because the MRTA was designed to be impossible to violate accidentally during ordinary personal use.

At-Home Storage

An adult 21+ may store up to 5 pounds of cannabis at home. This limit accommodates personal home cultivation (3 mature + 3 immature plants per adult, capped at 6+6 per household), bulk medical-cannabis prescriptions, and personal stockpiles. Five pounds at home corresponds to roughly the maximum yield of a single mature plant in a typical home grow, multiplied across multiple adults in a household.

Sharing — The Gifting Rule

An adult 21+ may transfer up to 3 oz / 24 g to another adult 21+ without compensation. “Without compensation” is the operative phrase. Exchanging cannabis for cash, services, or any other thing of value — even where the cannabis is technically labeled as a “gift” with the cash labeled as payment for an unrelated “sticker” or T-shirt — constitutes an unlawful sale under Penal Law § 222.45 and, more importantly, under Cannabis Law unlicensed-sale provisions that carry escalating civil penalties starting at $10,000 per day.

The MRTA’s gifting rule was widely abused in the unlicensed-shop era of 2022–2024 (see the Unlicensed-Shop Crisis page); enforcement under Operation Padlock has narrowed the practical scope of what can pass for gifting in a commercial context.

Above the Floor — Penalty Escalation

Possession above 3 oz / 24 g is no longer presumptively a crime. Possession of more than 3 oz but less than 16 oz is “Unlawful Possession of Cannabis” under Penal Law § 222.25 — a non-criminal violation punishable by a fine of up to $125, with no jail time and no criminal record. Above 16 oz, penalties step up:

What the Limits Do Not Cover

• Cannabis from unlicensed sources. Possession is lawful regardless of source, but purchasing from an unlicensed shop financially supports an illegal market and exposes the buyer to seized-product loss when Operation Padlock raids the shop.
• Cannabis with intent to distribute. Even within the personal-possession limit, demonstrable intent to distribute (cash, scales, packaging, customer lists) can elevate charges.
• Cannabis on federal land within NYC. The Statue of Liberty, Federal Hall, Governors Island, and the federal areas of JFK, LaGuardia, and Newark are federal jurisdiction. See the Federal Land Warning page.
• Cannabis on the MTA. Possession is lawful but consumption is prohibited by 21 NYCRR § 1050.7 and MTA rules.
• Cannabis at a federal employer. See Federal Employment in NYC.

Quantity Conversion Reference

Practical conversions for the limits in everyday units:

• 3 oz ≈ 85 g ≈ roughly 85 average pre-rolled joints
• 24 g concentrate ≈ the contents of roughly 30 standard 0.8 g vape cartridges
• 5 lb ≈ 2,268 g — substantially more than typical personal stockpiles
• 16 oz ≈ 1 lb ≈ 454 g (the misdemeanor threshold)

These conversions are approximate; the statutory text controls.