N.Y. Penal Law § 222.05: Personal use of cannabis

§ 222.05 Personal use of cannabis.

Notwithstanding any other provision of law to the contrary:

1. The following acts are lawful for persons twenty-one years of age

or older: (a) possessing, displaying, purchasing, obtaining, or

transporting up to three ounces of cannabis and up to twenty-four grams

of concentrated cannabis;

(b) transferring, without compensation, to a person twenty-one years

of age or older, up to three ounces of cannabis and up to twenty-four

grams of concentrated cannabis;

(c) using, smoking, ingesting, or consuming cannabis or concentrated

cannabis unless otherwise prohibited by state law;

(d) possessing, using, displaying, purchasing, obtaining,

manufacturing, transporting or giving to any person twenty-one years of

age or older cannabis paraphernalia or concentrated cannabis

paraphernalia;

(e) planting, cultivating, harvesting, drying, processing or

possessing cultivated cannabis in accordance with section 222.15 of this

article; and

(f) assisting another person who is twenty-one years of age or older,

or allowing property to be used, in any of the acts described in

paragraphs (a) through (e) of this subdivision.

2. Cannabis, concentrated cannabis, cannabis paraphernalia or

concentrated cannabis paraphernalia involved in any way with conduct

deemed lawful by this section are not contraband nor subject to seizure

or forfeiture of assets under article four hundred eighty of this

chapter, section thirteen hundred eleven of the civil practice law and

rules, or other applicable law, and no conduct deemed lawful by this

section shall constitute the basis for approach, search, seizure, arrest

or detention.

3. Except as provided in subdivision four of this section, in any

criminal proceeding including proceedings pursuant to section 710.20 of

the criminal procedure law, no finding or determination of reasonable

cause to believe a crime has been committed shall be based solely on

evidence of the following facts and circumstances, either individually

or in combination with each other:

(a) the odor of cannabis;

(b) the odor of burnt cannabis;

(c) the possession of or the suspicion of possession of cannabis or

concentrated cannabis in the amounts authorized in this article;

(d) the possession of multiple containers of cannabis without evidence

of concentrated cannabis in the amounts authorized in this article;

(e) the presence of cash or currency in proximity to cannabis or

concentrated cannabis; or

(f) the planting, cultivating, harvesting, drying, processing or

possessing cultivated cannabis in accordance with section 222.15 of this

article.

4. Paragraph (b) of subdivision three of this section shall not apply

when a law enforcement officer is investigating whether a person is

operating a motor vehicle, vessel or snowmobile while impaired by drugs

or the combined influence of drugs or of alcohol and any drug or drugs

in violation of subdivision four or subdivision four-a of section eleven

hundred ninety-two of the vehicle and traffic law, or paragraph (e) of

subdivision two of section forty-nine-a of the navigation law, or

paragraph (d) of subdivision one of section 25.24 of the parks,

recreation and historic preservation law. During such investigations,

the odor of burnt cannabis shall not provide probable cause to search

any area of a vehicle that is not readily accessible to the driver and

reasonably likely to contain evidence relevant to the driver's

condition.