Legal marijuana FAQs: What's allowed in New York State right now

The woman arrived in the emergency room with her unresponsive granddaughter and doctors were puzzled, recalled Dr. Carl Kaplan, chief of the division of pediatric emergency medicine at Stony Brook Children's Hospital. That was until the grandmother also began to show signs of a drug overdose, he said.

"Innocently grandmother and granddaughter had shared a candy bar," he said, that had been legally purchased by the grandfather containing cannabinoids.

Though recreational marijuana has been legal in New York since 2021, the implications of legalized use and exposure to products remains unclear at best.

Experts like Kaplan, as well as data from sources, including the U.S. Centers for Disease Control and Prevention, point toward the need for greater security when storing legalized drugs to keep them away from children, but also greater awareness on their legal — and illegal — use.

A recent study in the journal Pediatric found more than 7,000 children under age 6 had consumed cannabis edibles between 2017 and 2021 — growing from 207 reported cases in 2017 to 3,054 in 2021.

This week, local organizations announced a campaign called "Let's Be Blunt," aimed at making legal users aware of safety concerns. 

"While there's still people who can't fathom this has occurred, it has," Lori-Ann Novello, executive director of Babylon Cares, said of legalized marijuana. "And we need to deal with precautions that should be really obvious, starting from a sensible approach, to make the situation safer."

Here are some answers to common questions about legalized marijuana.

Who can legally use cannabinoid and edible products in New York?

Age 21 is the law in New York. If you're under 21 you cannot use or possess cannabis products or edibles, period. But there are additional restrictions even if you meet the age requirement.

Are there legal cannabis restrictions?

Since marijuana and cannabis products remain illegal on a federal basis, you cannot use or possess those products on federal land, including parks and buildings. It also is illegal to use or possess on or near school grounds. You cannot cross state lines with these products.

State law also specifies that certain employees are excluded from the new legal protections due to the "safety-sensitive" nature of their positions, including school bus drivers.

What are the restrictions when it comes to driving?

Driving under the influence of cannabinoids is illegal in New York. But it's not quite that simple.

While there's a blood-alcohol standard in New York, THC, or tetrahydrocannabinol, cannot be measured like that. Guidelines established by the New York State Governor's Traffic Safety Committee say "cannabis cannot be consumed when operating a motor vehicle. Cannabis impairs you."

Law enforcement officers can make determinations during traffic stops resulting in arrest if they believe you've shown any signs of impairment.

And it is illegal to have any cannabis or edibles unsecured in your vehicle or for anyone in your vehicle to smoke cannabis, even if it is parked.

What are the charges for cannabis use while driving?

You can be charged with driving under the influence or driving while ability impaired by drugs. And, if you have a passenger under age 16 in the vehicle when arrested, you can be charged with DUI/ DWAI under Leandra's Law — which is an automatic felony charge.

Since marijuana and cannabis products are legal in New York, does that mean they're safe? 

The CDC said that just because the products are legal does not mean they're risk-free, especially when users are teens.

Since the brain continues to develop until about age 25, marijuana and cannabis product use during adolescence and young adulthood can lead to: difficulty thinking and problem-solving; problems with memory and learning; reduced coordination; difficulty maintaining attention; and problems with school and social life, according to the CDC. Depression, anxiety, suicide and schizophrenia all have been linked to usage.

There's also a risk of lung damage in those who smoke marijuana, the CDC said.

What if someone in my family, especially a child, experiences accidental exposure or an overdose?

Call the Poison Control Center at 800-222-1222, call 911 or visit your local emergency room.

Kaplan said medical experts, including emergency room staff and school nurses, need to ask questions about potential exposure. And parents, guardians or family members of overdose victims need to be upfront.

"That can help us forego a lot of excessive — and, in some cases, potentially harmful — tests," Kaplan said, adding that he knows of cases where patients were subjected to CT scans, blood work, even a spinal tap — only to find the patient ingested cannabis.

What's the best way to protect children and teens from exposure?

Remember that many edibles are packaged like the non-cannabinoid products they mimic: candies, gummies, cookies. Young children and unsuspecting adults likely don't know the difference. Which means there's a need to secure these items out of reach.

Experts say there's also a need for frank discussion on the dangers of legal and illegal use, that any use can lead to "potentially making a poor decision" that could result in harm or a "life-threatening endeavor." 

"The best choice is to abstain," Kaplan said. "But if you do make the choice to try this ... Be safe about it."

By John Valenti

john.valenti@newsday.com

John Valenti, a reporter at Newsday since 1981, has been honored nationally by the Associated Press and Society of the Silurians for investigative, enterprise and breaking news reporting, as well as column writing, and is the author of “Swee'pea,” a book about former New York playground basketball star Lloyd Daniels. Valenti is featured in the Emmy Award-winning ESPN 30-for-30 film “Big Shot.”