The Marijuana Regulation and Taxation Act (MRTA) was signed into law on March 31, 2021. The MRTA authorizes the lawful use of adult-use recreational cannabis and the lawful use of medical cannabis effective immediately. The MRTA establishes the cannabis law, the New York State Cannabis Control Board and the Office of Cannabis Management (NYS OCM) and their respective powers and duties.
The MRTA amends the NYS Penal Law by adding Article 222 Cannabis which describes what cannabis activities are legal and illegal. The MRTA states that any individual 21 or older may:
- Use, smoke, ingest, consume, possess, display, purchase, obtain or transport up to 3 ounces (oz) and up to 24 grams of concentrated cannabis;
- Transfer without compensation to another person 21 or older up to 3 ounces of cannabis and up to 24 grams of concentrate;
- Possess, use, display, purchase, obtain, manufacture, transport or give to any person 21 or older cannabis paraphernalia or concentrated cannabis paraphernalia;
- Plant, cultivate, harvest, dry, process or possess cultivated cannabis in accordance with Penal Law § 222.15
Where Can I Consume Marijuana?
Marijuana can be smoked anywhere where tobacco can be smoked or vaporized. The only exception to this rule is that cannabis use is not allowed in motor vehicles even when parked. Marijuana cannot be consumed in City of Albany Parks, within 500 feet of a school, and within 200 feet of a church. Please use the below interactive map to find out where smoking is prohibited and where cannabis dispensaries and consumption sites are permitted according to the existing City of Albany Unified Sustainable Development Ordinance (USDO).
Conditional Adult-Use Recreational Dispensary (CAURD)
Are you a justice impacted individual interested in being one of the first legal adult-use retail dispensaries in NYS?
Questions about the CAURD application or eligibility? Please email here.
Public Input Meeting Schedule
The initial three meetings will be held in person and will also be livestreamed to the City of Albany YouTube page.
The final meeting will be held via Zoom virtual meeting platform – to receive the Zoom meeting link please register to provide public comment using the below link.
Residents and business owners interested in providing public comment should register to speak at the public meeting using the form below.
Residents and business owners will also have the opportunity to register in-person or via email the day of to provide public comment. Same-day registration will close at 6:30pm the evening of the public input meeting.
Community members interested in submitting testimony or public comment are encouraged to do so using the form here or via USPS to the following address:
c/o Office of the Mayor
24 Eagle St., Room 102
Albany, NY 12207
Comments can also be submitted via text to (518) 618-2268 and firstname.lastname@example.org.
Community comments will be reviewed and considered by the City of Albany Cannabis Advisory Committee as the Advisory Committee works to compile a report of findings and policy recommendations.
How Do I Apply for a Cannabis License?
Please visit the NYS Office of Cannabis Management licensing webpage here.
What Authority Does the City of Albany Have?
The MRTA states that “all municipalities including counties are preempted from adopting any rule, ordinance, regulation or prohibition pertaining to the operation or licensure of adult-use, medical or cannabinoid hemp licenses”
HOWEVER, towns, cities, and villages can pass local laws and regulations that determine the time, place, and manner of adult-use retail dispensaries and on-site consumption licenses. The local law and regulations cannot make the operation of the license “unreasonably impractical”. The City of Albany DOES NOT have the authority to issue local licenses to cannabis licensees. That power and responsibility
What Authority Does NYS Have?
The New York State Cannabis Control Board and the Office of Cannabis Management (OCM) are responsible for establishing rules and regulations regarding obtaining a license for cultivation, production, distribution, sale and taxation of adult-use cannabis.
- NYS OCM Local Government Fact Sheet
- NYS MRTA Legislation
- How to Get Proof of Conviction Documents NYS CAURD
- NYS CAURD Scoring and Selection
- Part 116 CAURD Regulations
- NYS CAURD Mock Up