2023 New York Laws › PEN - Penal › Part 3 - Specific Offenses › Title M - Offenses Against Public Health and Morals › Article 222 - Cannabis › 222.05 - Personal Use of Cannabis.

§ 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.