The New York Police Department (NYPD) sent out a memo on Wednesday, March 31 updating the department’s policy and enforcement of cannabis use. This comes after the governor signed a cannabis legalization bill into law last week.

Some of the notable changes in the memo include the following: allowing adults to smoke cannabis in public, ignoring the exchange of cannabis unless money is involved, and banning vehicle searches based on smell alone.

Specific Changes Now in Effect

Adults over the age of 21 may lawfully possess three ounces or less of cannabis in public places. They can possess up to five pounds of cannabis in their residence. If there is a prescription from a doctor, adults 21 and older can possess higher amounts of cannabis.

Individuals are lawfully able to give cannabis to other people who are 21 and over as long as they do not accept compensation. People can smoke cannabis anywhere that tobacco is permitted. This includes sidewalks, front stoops, and other public places. Smoking in any of these lawful places is no longer a basis for an approach, stop, summons, arrest, or search according to the NYPD memo.

Under the Age of 21

Individuals cannot give cannabis to anyone under the age of 21. People of any age must not drive while under the influence of cannabis, or smoke cannabis while driving.

Residents under the age of 21 may not possess cannabis, even in small amounts. Although the department does not have a system in place to take enforcement action against someone underage possessing cannabis. This may change in the future.

More Changes

People are also not able to lawfully sell cannabis for compensation. Anywhere smoking is not acceptable such as bars, restaurants, childcare centers, within 100 feet of a school entrance, places of employment and indoor areas are also not acceptable for cannabis. Residents are not able to smoke cannabis in any NYC park where there are “no-smoking” signs.

The smell of cannabis alone is no longer an acceptable probable cause of a crime to search a vehicle. This applies to burnt and unburnt cannabis.

Under the new law, people on parole are able to use cannabis unless otherwise specified. Officers may not approach, stop, or detain a parolee based on lawful amounts of cannabis.

After the Office of Cannabis Management issues regulations over home grown cannabis. Adults 21 and over will be able to have up to 6 plants at home.

NYPD Cannabis Policy

Although New York has legalized cannabis, the NYPD sent out a memo to all uniformed and civilian members making it clear all existing patrol guide procedures regarding its prohibition and drug screening procedures remain in effect.

“With regard to recently passed state legislation that legalized recreational use of marijuana, uniformed and civilian members of the service are reminded that the use of marijuana is still strictly prohibited”.

Make sure to check back for more cannabis and hemp related news.