The Statutory Possession Limits
The MRTA sets two possession categories with separate limits.
Personal possession (on the person or outside the home). Adults 21 and over may possess up to 3 ounces (approximately 85 grams) of cannabis flower and up to 24 grams of concentrated cannabis (extracts, oils, infused products calculated by THC content) at any moment in public, in transit, in a vehicle, or in a non-residence setting.
Home possession. Adults 21 and over may store up to 5 pounds of cannabis flower at their primary residence in a secured location not accessible to minors. Secured generally means inside the residence in a place a child cannot reach without intentional effort, which can include a locked container, a high shelf, or a closet with a closed door.
The personal possession limit covers what you can carry in public, transport in a vehicle, bring to a workplace (subject to the employer's separate policy), or have at a non-residence setting. The home possession limit covers what you can keep at home for ongoing personal use.
What Counts As An Ounce And A Gram
An ounce of cannabis flower equals 28 grams. The 3 ounce personal limit works out to about 85 grams of flower. An eighth is 3.5 grams, so three ounces is 24 eighths.
The 24 gram concentrate ceiling is measured by total cannabinoid content, not the gross weight of the product. A 100 mg edible package holds 0.1 g of THC, and the cannabinoid weight inside a vape cart or a jar of concentrate depends on its potency, which you can read off the label or COA. Most people do not come close to the 24 gram ceiling in everyday carrying.
What The 3 Ounce Limit Means In Practice
Three ounces of flower is a large amount. The 3 ounce limit functions mainly as a trafficking threshold rather than an everyday-use boundary. It marks the point where, for law enforcement and prosecutors, personal possession ends and commercial-quantity possession begins. The 24 gram concentrate ceiling works the same way. Most people carrying a few products at a time stay well under both limits.
Going Over The Limit
Staying within 3 ounces of flower and 24 grams of concentrate is legal for adults 21 and over. Possessing more than that is not. Under the MRTA, penalties scale with the amount: smaller overages are handled as civil violations, while larger quantities can rise to misdemeanor or felony charges. The exact bands and penalties are set in New York Cannabis Law, so check the current statute or a legal adviser for the figure that applies to a specific amount.
Home possession of up to 5 pounds of flower in a secured location is legal on its own terms, separate from the personal-carry limit.
For anyone under 21, possessing cannabis is illegal regardless of amount, and sale to a minor carries added penalties.
Public Use Versus Possession
Possession and use are governed separately. Public possession within the limits is legal across NYC. Public use follows separate rules under the NYC public consumption framework, which treats cannabis smoking similarly to tobacco smoking under the Smoke-Free Air Act amendments.
You may smoke cannabis in public spaces where tobacco smoking is permitted, which includes most open sidewalks and certain outdoor zones. You may not smoke in public spaces where tobacco smoking is banned, which includes subway platforms and stations, MTA trains and buses, parks where tobacco smoking is prohibited (which includes most NYC parks under Parks Department rules), within 100 feet of school grounds, indoor public spaces, restaurants, bars, vehicles in motion, and any indoor workplace.
See /faq/where-can-i-smoke-nyc/ for the full public consumption breakdown including beaches, the High Line, and specific event venues.
Workplace And School Restrictions
Possession at a workplace is governed by the employer's separate policy. NYS cannabis law under MRTA does not override an employer's right to maintain a cannabis-free workplace. Many employers in safety-sensitive industries (transportation, construction, healthcare, certain food service) maintain zero-tolerance policies that prohibit cannabis possession on the premises and prohibit on-duty cannabis use.
New York State Labor Law §201-d protects off-duty cannabis use for adults 21 and over from being the sole basis for adverse employment action, but does not protect on-the-job consumption, possession on employer property where the employer has a policy against it, or impairment during work.
Possession on K-12 school grounds is prohibited regardless of age. Possession on college and university campuses follows that campus's own policy. Schools that receive federal funding generally prohibit cannabis on campus because of the federal Drug-Free Schools and Communities Act. Check the specific campus policy if you are unsure.
Federal Property And Federal Air Travel
Federal property within NYC follows federal cannabis prohibition regardless of state law. That includes federal courthouses and buildings, post offices, military installations, and national park sites. Possession at any of these remains illegal under the federal Controlled Substances Act.
Air travel through NYC airports falls under TSA and federal authority. TSA does not actively search for cannabis, but if it finds some it may refer the matter to law enforcement at the airport. The consistent advice from legal advisers is simple: do not fly with cannabis.
Interstate Travel
NYS legal cannabis cannot legally cross state lines, even into other legal-cannabis states (New Jersey, Connecticut, Massachusetts, Vermont). The interstate transport of cannabis remains a federal violation under the Controlled Substances Act regardless of either state's framework, because cannabis is still Schedule I federally and crossing state lines triggers federal jurisdiction.
Customers traveling from NYC to another legal state should purchase fresh at their destination from that state's licensed dispensaries. The legal cannabis you buy at The Alchemy is for use in New York State.
FAQs
Can I keep cannabis in my car?
Yes, within the 3 ounce flower and 24 gram concentrate personal limit. Cannabis must be in a sealed, original container, ideally in the trunk or rear cargo area rather than the passenger compartment. You cannot consume cannabis in a vehicle that is in motion or as a passenger in a moving vehicle. Open-container-style rules apply. Driving while impaired carries the same DWI penalties as alcohol-impaired driving.
Can the NYPD search me for cannabis based on smell alone?
The smell of cannabis alone is not legal grounds for a vehicle or person search under NYS law as amended post-MRTA. Other independent probable cause is required. This is one of the most-cited civil liberties changes that came with MRTA.
Do these limits apply to medical cannabis patients?
Medical patients with valid NYS certification have separate, higher possession allowances under the NYS medical cannabis program. The medical program also allows medical patients to grow more cannabis at home than the adult-use rule allows. Medical patients should refer to their registered medical provider or the NYS OCM medical program guidance for specific allowances.
Can I share cannabis with a friend?
Adults 21 and over can gift cannabis to other adults 21 and over within personal possession limits. Gifts must be genuine, not disguised sales. Sales between non-licensed individuals remain prohibited regardless of how the transaction is structured.
What if I move from another legal-cannabis state and bring my cannabis?
NYS possession limits apply once you are in NYS. Carrying state-marked cannabis from another state into NYS is a federal violation at the interstate moment, though enforcement focuses on commercial-quantity transport rather than personal-use carry. The cleaner path is to consume what you have before leaving the original state and purchase fresh from a NYS licensed dispensary on arrival.
Can I grow cannabis at home in NYC?
Yes, with limits. Adults 21 and over can grow up to 3 mature and 3 immature plants per person, with a maximum of 6 mature and 6 immature plants per household regardless of how many adults live there. Plants must be in a secured area inaccessible to minors. Outdoor grows visible from public spaces can trigger additional municipal restrictions.
Are there higher possession limits for medical cannabis patients?
Yes. NYS medical cannabis patients with valid certification have separate, higher allowances both for personal possession and home cultivation. Consult the medical program guidance and your registered medical provider.
What happens if I am pulled over with cannabis in NYC?
If within the 3 ounce flower and 24 gram concentrate personal limit and stored in a sealed container in the trunk or rear cargo area, the cannabis itself is not a violation. The smell of cannabis alone is not grounds for a search under amended NYS law. Impaired driving is separately prosecutable and carries the same penalties as alcohol-impaired driving.
Can I bring cannabis to a federal building, courthouse, or post office?
No. Federal property follows federal cannabis prohibition regardless of NYS law. Possession at these locations remains illegal under the federal Controlled Substances Act.
Where do I read the actual MRTA statute language?
The MRTA is codified in New York Cannabis Law. The NYS Office of Cannabis Management publishes a framework summary at cannabis.ny.gov. The full statutory text is on the NYS Senate and Assembly websites.
The Alchemy Editors
Field notes from the counter at Chelsea + Flatiron.
Written by our procurement and budtender team. Every claim verified against NYS OCM regulations and current shelf inventory. Updated as the menu rotates.
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