Marihuana Regulation and Taxation Act
The Marihuana Regulation & Taxation Act (MRTA) was signed into law on March 31, 2021 legalizing adult-use cannabis (also known as marijuana, or recreational marijuana) in New York State. The legislation created a new Office of Cannabis Management (OCM) governed by a Cannabis Control Board to comprehensively regulate adult-use, medical, and hemp cannabis. The OCM will issue licenses and develop regulations outlining how and when business can participate in the new industry.
Proposed Rule Making
The regulatory process in the State of New York is governed primarily by Article 2 of the State Administrative Procedure Act (SAPA). This process is administered in the Office of Cannabis Management Legal Division.
To initiate a regulatory proposal, SAPA requires submission of a Notice of Proposed Rulemaking to the Secretary of State for publication in the New York State Register. If no public hearing is required, the notice must precede adoption by at least 60 days (45 days for revised rulemaking). Publication by the Secretary of State is the primary means of giving notice of proposed actions. However, any person or entity may file a standing request to receive notices from the Department directly.
If the text of the proposed notice exceeds 2,000 words, only a description of the subject purpose or substance of the rule will be published in the New York State Register. Similarly, if the text of the Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and/or the Job Impact Statement exceeds 2,000 words a summary is required. To ensure the widest possible and most timely outreach, in conjunction with submission to the Secretary of State, the Office will post the complete version of all regulatory notices at this website.
Questions or comments on the proposed regulations should be directed to: [email protected]
or mailed to us at:
New York State Office of Cannabis Management
PO Box 2071
Albany, NY 12220
Adult Use Cannabis Regulations
The legalization of adult-use cannabis is an enormous shift in public policy. The regulatory framework outlined in the MRTA is currently under development and will require input from communities and stakeholders throughout the state. The Office of Cannabis Management needs to draft and issue regulations to implement the law before adult-use sales can begin. However, while there are currently no stores open to purchase adult-use cannabis, the possession and use of cannabis for adults 21 years of age and older in accordance with the MRTA, is now legal.
Please continue to monitor this page for updates.
Medical Cannabis Regulations
The MRTA includes provisions to expand the Medical Cannabis Program.
The regulatory framework necessary to implement the new law is under development and proposed regulations will be made available for public comment as they are filed.
- Read the Medical Cannabis Home Cultivation Proposed Regulations
- Read the Existing Medical Cannabis Regulations
Questions or comments on the Medical Cannabis Home Cultivation Proposed Regulations should be directed to: [email protected]
or mailed to us at:
New York State Office of Cannabis Management
PO Box 2071
Albany, NY 12220
The comment period for the proposed Medical Cannabis Home Cultivation Regulations will be open until January 18th, 2022.
Cannabinoid Hemp Regulations
In January 2020, legislation was signed (Chapter 1 of the Laws of 2020) launching a new Cannabinoid Hemp Program to regulate the processing, manufacturing, and sale of cannabinoid hemp products (products containing cannabidiol or "CBD") in New York State. The Marihuana Regulation & Taxation Act then replaced this law with Article 5 of the Cannabis Law.