In New York, adults 21 and older can carry up to three ounces of cannabis flower and up to 24 grams of concentrated cannabis (oils, vapes, and edibles) in public.1New York Courts. Penal Law Article 222 – Cannabis At home, you can keep up to five pounds.2NYC Health. Cannabis (Marijuana) Those limits come from the Marihuana Regulation and Taxation Act, passed in 2021. Going over the three-ounce line has consequences that scale with weight, from a small fine at the low end to a felony at the top.
The Public Carry Limit
Three ounces of flower. Twenty-four grams of concentrate. That’s the ceiling anywhere outside your home, whether you’re walking, sitting in a park, or riding in a car.1New York Courts. Penal Law Article 222 – Cannabis
Edibles count against the concentrate cap, not the flower cap. The Office of Cannabis Management treats edibles as concentrated cannabis, so a bag of gummies falls under the 24-gram limit.3New York State Office of Cannabis Management. Know Your Rights with Cannabis New York If you’re carrying a mix of flower and concentrate, each has its own separate cap.
How Much You Can Keep at Home
Inside your residence, the limit jumps to five pounds of cannabis flower.2NYC Health. Cannabis (Marijuana) The higher household allowance exists in part to accommodate harvests from home-grown plants, which the state now permits for adults 21 and older.
Penalties for Carrying More Than the Limit
The penalty structure moves in stages based on weight. The first tier above the legal line is a violation, not a crime. Once you’re carrying pounds, you’re in felony territory.
- More than 3 ounces but under 16 ounces of flower, or more than 24 grams but under 5 ounces of concentrate: unlawful possession of cannabis, a violation with a maximum fine of $125.1New York Courts. Penal Law Article 222 – Cannabis
- More than 16 ounces of flower, or more than 5 ounces of concentrate: criminal possession of cannabis in the third degree, a Class A misdemeanor.1New York Courts. Penal Law Article 222 – Cannabis
- More than 5 pounds of flower, or more than 2 pounds of concentrate: criminal possession of cannabis in the second degree, a Class E felony.1New York Courts. Penal Law Article 222 – Cannabis
- More than 10 pounds of flower, or more than 4 pounds of concentrate: criminal possession of cannabis in the first degree, a Class D felony.1New York Courts. Penal Law Article 222 – Cannabis
The stretch between three ounces and one pound is worth understanding. Four or five ounces exposes you to a fine roughly on par with a parking ticket. Cross the one-pound mark and you’re facing a misdemeanor that leaves a criminal record.
Carrying Cannabis in a Car
The three-ounce public limit still applies when you’re in a vehicle, but there’s an extra rule about how the cannabis is stored. It needs to be in a closed container, and the safest place is the trunk or a locked glove compartment, away from anyone in the passenger cabin.4NY.gov. Cannabis and Driving – A Guide for Drivers Under the MRTA
Consuming cannabis inside a motor vehicle on a public road is a separate traffic infraction under the Vehicle and Traffic Law, the same statute that governs open alcohol containers.5New York State Senate. New York Vehicle and Traffic Law 1227 – Consumption or Possession of Alcoholic Beverages in Certain Motor Vehicles Both the driver and passengers can be cited, and it applies whether the vehicle is moving or parked.
Giving Cannabis to Another Adult
You can give up to three ounces of cannabis to another adult 21 or older, but nothing of value can change hands.3New York State Office of Cannabis Management. Know Your Rights with Cannabis New York That means no money, no barter, and no workarounds like “buy a sticker, get free cannabis.” The state treats those arrangements as illegal sales.
Selling without a state license is a separate offense. At baseline, an unlicensed sale is a violation with a fine up to $250, and larger quantities escalate through a weight-based tier system similar to the possession structure.6New York State Senate. New York Penal Law 222.45 – Unlawful Sale of Cannabis
Airports and Borders Still Follow Federal Law
New York’s carry limits do not travel with you into federal jurisdictions. Cannabis remains a Schedule I controlled substance federally, and two situations catch people off guard.
At the airport, TSA officers don’t actively search for cannabis, but if they find it during routine screening they are required to refer the matter to law enforcement.7Transportation Security Administration. Complete List (Alphabetical) What happens next depends on local law enforcement, but cannabis is federally illegal in every airport in the country, including on domestic flights that never leave New York.
At an international border, the exposure is more serious. U.S. Customs and Border Protection enforces federal law, and bringing cannabis into or out of the United States can lead to seizure, fines, arrest, and problems with future admissibility.8U.S. Customs and Border Protection. CBP Reminds Travelers from Canada that Marijuana Remains Illegal in the United States The three-ounce state limit offers no protection at those checkpoints.