Your Questions, Answered (FAQ)

Q: How old do I have to be to purchase, possess or consume retail marijuana?

A: You must be 21 and older to buy, possess or use retail (recreational) marijuana. It is illegal to give or sell retail marijuana to minors.

Q: How is medical marijuana different from retail?

A: Only licensed retail marijuana stores may sell recreational marijuana, and only to those 21 and older. Medical marijuana requires a state red card, which can only be obtained by New York residents with a recommendation from a doctor that a patient suffers from a debilitating medical condition that may benefit from medical marijuana. Medical marijuana patients can obtain marijuana from a licensed center, a primary caregiver, or self-grow.

Q: What’s the difference between cannabis, hemp, and marijuana?

A: There’s some confusion about the terms cannabis, hemp, and marijuana, much of which is caused by this plant’s confusing legal status in the United States. Marijuana and hemp are both ways to refer to cannabis plants depending on the plant’s THC content. We call cannabis plants hemp when they have no more than 0.3% THC content because that’s the maximum THC level that’s legal on a national level in the United States. We call cannabis plants marijuana when they have more than 0.3% THC.

When you’re buying products online or in states where marijuana hasn’t been legalized, you can only purchase hemp-derived CBD products. Here in Buffalo NY, though, you can visit your dispensary to buy products made with marijuana. It’s all the cannabis plant, but these words have become important because they help people talk about legal distinctions.

Q: Where can I purchase retail marijuana?

A: Those 21 and older can purchase retail marijuana at licensed retail stores. Other municipalities in New York also allow retail marijuana stores. Please go to each city’s website to determine specific marijuana sale and consumption laws.

Q: Where can I legally consume retail marijuana?

A: Retail marijuana is intended for private, personal use. Such use is only legal in certain locations not open or accessible to the public. Marijuana may not be consumed openly or publicly.

Q: Can I consume marijuana in public?

A: No, it is illegal to consume marijuana in public. This includes but is not limited to areas accessible to the public such as transportation facilities, schools, amusement/sporting/music venues, parks, playgrounds, sidewalks and roads, and outdoor and rooftop cafes. It is also illegal to smoke at indoor-but-public locations like bars, restaurants, and common areas in buildings.

Q: How much marijuana can I purchase & possess?

A: New York residents 21 and older can purchase and possess up to 1 ounce of retail marijuana at a time. Non-residents can purchase up to ¼ ounce (7 grams) at a time.

Since Amendment 64 went into effect in late 2012, adults 21 and older have been allowed to possess up to 1 ounce of retail marijuana.

Q: Can I consume marijuana in the dispensary?

A: No, it is illegal to consume marijuana in or around a licensed store. It is also illegal to smoke at indoor-but-public locations such as bars, restaurants, and common areas in buildings.

Q: Can I take marijuana through airport security or travel out of state with it?

A: No. It is illegal to take marijuana across state lines. DIA prohibits the possession, use, display, and transfer of all marijuana on its property.