N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Health and Morals / ARTICLE Cannabis
New York Consolidated Laws

N.Y. Penal Law § 222.05 (2026)

Personal use of cannabis

✓ current as of May 2026
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§ 222.05 Personal use of cannabis.
  Notwithstanding any other provision of law to the contrary:
  1. The following acts are lawful for persons twenty-one years of age
or older: (a) possessing, displaying, purchasing, obtaining, or
transporting up to three ounces of cannabis and up to twenty-four grams
of concentrated cannabis;
  (b) transferring, without compensation, to a person twenty-one years
of age or older, up to three ounces of cannabis and up to twenty-four
grams of concentrated cannabis;
  (c) using, smoking, ingesting, or consuming cannabis or concentrated
cannabis unless otherwise prohibited by state law;
  (d) possessing, using, displaying, purchasing, obtaining,
manufacturing, transporting or giving to any person twenty-one years of
age or older cannabis paraphernalia or concentrated cannabis
paraphernalia;
  (e) planting, cultivating, harvesting, drying, processing or
possessing cultivated cannabis in accordance with section 222.15 of this
article; and
  (f) assisting another person who is twenty-one years of age or older,
or allowing property to be used, in any of the acts described in
paragraphs (a) through (e) of this subdivision.
  2. Cannabis, concentrated cannabis, cannabis paraphernalia or
concentrated cannabis paraphernalia involved in any way with conduct
deemed lawful by this section are not contraband nor subject to seizure
or forfeiture of assets under article four hundred eighty of this
chapter, section thirteen hundred eleven of the civil practice law and
rules, or other applicable law, and no conduct deemed lawful by this
section shall constitute the basis for approach, search, seizure, arrest
or detention.
  3. Except as provided in subdivision four of this section, in any
criminal proceeding including proceedings pursuant to section 710.20 of
the criminal procedure law, no finding or determination of reasonable
cause to believe a crime has been committed shall be based solely on
evidence of the following facts and circumstances, either individually
or in combination with each other:
  (a) the odor of cannabis;
  (b) the odor of burnt cannabis;
  (c) the possession of or the suspicion of possession of cannabis or
concentrated cannabis in the amounts authorized in this article;
  (d) the possession of multiple containers of cannabis without evidence
of concentrated cannabis in the amounts authorized in this article;
  (e) the presence of cash or currency in proximity to cannabis or
concentrated cannabis; or
  (f) the planting, cultivating, harvesting, drying, processing or
possessing cultivated cannabis in accordance with section 222.15 of this
article.
  4. Paragraph (b) of subdivision three of this section shall not apply
when a law enforcement officer is investigating whether a person is
operating a motor vehicle, vessel or snowmobile while impaired by drugs
or the combined influence of drugs or of alcohol and any drug or drugs
in violation of subdivision four or subdivision four-a of section eleven
hundred ninety-two of the vehicle and traffic law, or paragraph (e) of
subdivision two of section forty-nine-a of the navigation law, or
paragraph (d) of subdivision one of section 25.24 of the parks,
recreation and historic preservation law. During such investigations,
the odor of burnt cannabis shall not provide probable cause to search
any area of a vehicle that is not readily accessible to the driver and
reasonably likely to contain evidence relevant to the driver's
condition.
Notes of Decisions
Cited in 47 cases (47 in the last 5 years), 2021–2026 · leading case: People v. Martin, 2025 NY Slip Op 03842 (N.Y. App. Div. 2025).
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People v. Martin, 2025 NY Slip Op 03842 (N.Y. App. Div. 2025). · cites it 34× “On this appeal, we are tasked with answering a question left open by the Court of Appeals in People v Pastrana ( 41 NY3d 23 , 29 [2023], cert denied ___ US___, 144 S Ct 1066 [2024]) — namely, whether Penal Law § 222.05 (3) (a), enacted as part of the Marihuana Regulation and…”
People v. Sanchez, 2021 NY Slip Op 04581 (N.Y. App. Div. 2021). · cites it 3× “Footnote 2: Although not applicable to this case, we note that the Marijuana Regulation and Taxation Act was signed into law on March 31, 2021 — adding article 222 to the Penal Law — that, among other things, legalized the purchase, use and possession of cannabis for individuals…”
People v. Babadzhanov, 2022 NY Slip Op 02273 (N.Y. App. Div. 2022). · cites it 3× “It further provided that "no finding or determination of reasonable cause to believe a crime has been committed" can be based "solely on evidence" of "the odor of cannabis" or, with limited exception, "the odor of burnt cannabis"; the possession of cannabis in an authorized…”
People v. Boyd, 2022 NY Slip Op 04048 (N.Y. App. Div. 2022). · cites it 3× “We are unpersuaded by defendant's contention that Penal Law § 222.05 should be applied retroactively to negate County Court's finding that there was probable cause for the search of his vehicle on September 30, 2017.”
People v. Vaughn, 2022 NY Slip Op 01945 (N.Y. App. Div. 2022). · cites it 2× “We also reject defendant's alternative contention that newly-enacted Penal Law § 222.05 (3) (L 2021, ch 92)—which provides, as relevant here, that the odor of cannabis can no longer be [*2]the sole basis supporting a "determination of reasonable cause to believe a crime has been…”
People v. Potter, 2022 NY Slip Op 05045 (N.Y. App. Div. 2022). “Penal Law § 222.05[3]). Moreover, the smell of marijuana, in conjunction with the driver's statement in response to the officer's investigatory question, justified the police conduct in directing the defendant to exit the vehicle ( see People v Green , 188 AD3d 1633, 1633-1634 ;…”
People v. Hill, 2023 NY Slip Op 04456 (N.Y. App. Div. 2023). “Contrary to the defendant's contention, while Penal Law § 222.05(3), which became effective on March 31, 2021, provides that in "any criminal proceeding," including suppression hearings, no finding of probable cause shall be based solely on evidence of the odor of cannabis, that…”
People v. Pastrana, 2022 NY Slip Op 03058 (N.Y. App. Div. 2022). · cites it 2× “"[N]othing in the plain language of Penal Law § 222.05 (3) indicates that the legislature clearly intended that provision to have retroactive effect" ( People v Vaughn , 203 AD3d 1729,1730 [4th Dept 2022]).”
United States v. Francis, 77 F.4th 66 (2d Cir. 2023). “2021), codified as N.Y. Penal Law § 222 . In New York, persons twenty-one years of age or older may now lawfully “possess[] .”
People v. Paul, 2024 NY Slip Op 50357(U) (2024). · cites it 2× “Moreover, Penal Law § 222.05 (1) specifically provides that it is lawful for a person over twenty-one years of age to possess up to three ounces of cannabis.”
Matter of Cannabis Impact Prevention Coalition, LLC v. Hochul, 2026 NY Slip Op 01573 (N.Y. App. Div. 2026). “Indeed, the manufacture, possession and sale of marihuana remains subject to criminal sanction under federal law in most circumstances, and so too under state law in certain instances — including due to noncompliance with the challenged regulations ( see Penal Law § 222.05;9…”
Matter of Buenos Hill Inc. v. Saratoga Springs Plan. Bd., 2025 NY Slip Op 04064 (N.Y. App. Div. 2025). · cites it 2× “As relevant to this appeal, the Cannabis Law permits adults 21 years of age or older to use and possess marihuana in moderate amounts ( see Cannabis Law § 3 [6]; see also Penal Law § 222.05 [1]), and local businesses may apply for a retail dispensary license and/or on-site…”
Show all 47 citing cases →
N.Y. Penal Law § 222.05(1): 1 case
Amigon v. Luzon (S.D.N.Y. 2025).
N.Y. Penal Law § 222.05(3): 10 cases
People v. Babadzhanov, 2022 NY Slip Op 02273 (N.Y. App. Div. 2022). “It further provided that "no finding or determination of reasonable cause to believe a crime has been committed" can be based "solely on evidence" of "the odor of cannabis" or, with limited exception, "the odor of burnt cannabis"; the possession of cannabis in an authorized…”
People v. Hill, 2023 NY Slip Op 04456 (N.Y. App. Div. 2023). “Contrary to the defendant's contention, while Penal Law § 222.05(3), which became effective on March 31, 2021, provides that in "any criminal proceeding," including suppression hearings, no finding of probable cause shall be based solely on evidence of the odor of cannabis, that…”
People v. Pastrana, 2022 NY Slip Op 03058 (N.Y. App. Div. 2022). “"[N]othing in the plain language of Penal Law § 222.05 (3) indicates that the legislature clearly intended that provision to have retroactive effect" ( People v Vaughn , 203 AD3d 1729,1730 [4th Dept 2022]).”
People v. Fasoli, 2025 NY Slip Op 05528 (N.Y. App. Div. 2025).
People v. Pastrana, 2022 NY Slip Op 03058 (N.Y. App. Div. 2022).
N.Y. Penal Law § 222.05(4): 2 cases
People v. Ponder, 2021 NY Slip Op 02880 (N.Y. App. Div. 2021).
People v. Ponder, 2021 NY Slip Op 02880 (N.Y. App. Div. 2021).
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