New York Legalizes Recreational Marijuana

On March 31, 2021, New York Governor Andrew Cuomo signed a bill legalizing marijuana for adult recreational use. The legislation also sets taxes for cannabis and establishes a framework for commercial retail sale and licensing of cannabis businesses.

The Marihuana Regulation and Taxation Act (MRTA), a law signed by New York Governor Andrew Cuomo on March 31, 2021, immediately legalized the possession of up to three ounces of and the use of cannabis for adults age 21 and older. The law amends Section 201-d of the New York Labor Law to prohibit New York employers from making discriminatory employment decisions against individuals who lawfully use cannabis while off-duty and off-premises and while not using the employer's equipment or property.

The provisions allowing personal posession and use of marijuana take effect immediately. The law allows for retail adult-use sale as soon as April 1, 2022, but the rulemaking and licensing process may further delay the start of business.