SOURCE:  NORML.org

Decriminalization:
The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

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Medical Marijuana: (INACTIVE) See Below NY Public Health Law Article 33-A
The state has a medical marijuana research law, but it has either never been promulgated by the state health department or has been fraudulently forgotten.

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More laws worth knowing

New York Criminal Procedure Laws. (CPL)

Article 170 - PROCEEDINGS UPON INFORMATION, SIMPLIFIED TRAFFIC INFORMATION, PROSECUTOR’S INFORMATION AND MISDEMEANOR COMPLAINT FROM ARRAIGNMENT TO PLEA (NY CPL 170)
- 170.56 – Adjournment in contemplation of dismissal in cases involving marihuana.( NY CPL 170.56)
- “… where the sole remaining count or counts charge a violation or violations of section 221.05, 221.10, 221.15, 221.35 or 221.40 of the penal law and before the entry of a plea of guilty thereto or commencement of a trial thereof, the court, upon motion of a defendant, may order that all proceedings be suspended and the action adjourned in contemplation of dismissal, … “

Article 210 – PROCEEDINGS IN SUPERIOR COURT FROM FILING OF INDICTMENT TO PLEA (NY CPL 210)
§ 210.46 Adjournment in contemplation of dismissal in marihuana cases in a superior court. (NY CPL 210.46)
Upon or after arraignment in a superior court upon an indictment where the sole remaining count or counts charge a violation or violations of section 221.05, 221.10, 221.15, 221.35 or 221.40 of the penal law and before the entry of a plea of guilty thereto or commencement of a trial thereof, the court, upon motion of a defendant, may order that all proceedings be suspended and the action adjourned in contemplation of dismissal or may dismiss the indictment in furtherance of justice, in accordance with the provisions of section 170.56 of this chapter.

Article 216 – JUDICIAL DIVERSION PROGRAM FOR CERTAIN FELONY OFFENDERS (NY CPL 216.05)(NY CPL 216)

§ 216.00 Definitions.
The following definitions are applicable to this article:
1. “Eligible defendant” means any person who stands charged in an
indictment or a superior court information with a class B, C, D or E
felony offense defined in article two hundred twenty or two hundred
twenty-one of the penal law or any other specified offense as defined in
subdivision four of section 410.91 of this chapter, provided, however, a
defendant is not an “eligible defendant” if he or she:

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New York Penal Law (PEN)
Article 220 - CONTROLLED SUBSTANCES OFFENSES (Hash, Concentrated Cannabis)
- 1. “Sell” means to sell, exchange, give or dispose of to another, or to offer or agree to do the same.
- 5. “Controlled substance” means any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the public health law other than marihuana, but including concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of such law.
- 6. “Marihuana” means “marihuana” or “concentrated cannabis” as those terms are defined in section thirty-three hundred two of the public health law.
- 10. “Hallucinogenic substance” means any controlled substance listed in schedule I(d) other than concentrated cannabis, lysergic acid diethylamide, or an hallucinogen.

220.06 – Criminal possession of a controlled substance in the fifth degree. (NY Penal 220.06)
A person is guilty of criminal possession of a controlled substance in the fifth degree when he knowingly and unlawfully possesses:
one or more preparations, compounds, mixtures or substances containing concentrated cannabis as defined in paragraph (a) of
subdivision four of section thirty-three hundred two of the public health law and said preparations, compounds, mixtures or substances are of an aggregate weight of one-fourth ounce or more.

§ 220.09 Criminal possession of a controlled substance in the fourth degree.
A person is guilty of criminal possession of a controlled substance in the fourth degree when he knowingly and unlawfully possesses:
10. one or more preparations, compounds, mixtures or substances containing concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of the public health law and said preparations, compounds, mixtures or substances are of an aggregate weight of one ounce or more;

Article 221 – OFFENSES INVOLVING MARIHUANA (NY Penal Law 221)
221.00 – Marihuana; definitions.
221.05 - Unlawful possession of marihuana.
221.10- Criminal possession of marihuana in the fifth degree.
221.15- Criminal possession of marihuana in the fourth degree.
221.20 – Criminal possession of marihuana in the third degree.
221.25 -Criminal possession of marihuana in the second degree.
221.30 – Criminal possession of marihuana in the third degree.
221.35- Criminal sale of marihuana in the fifth degree.
221.40- Criminal sale of marihuana in the fourth degree.
221.45- Criminal sale of marihuana in the third degree.
221.50 – Criminal sale of marihuana in the second degree.
221.55 – Criminal sale of marihuana in the first degree.

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New York Public Health Law

Article 33 - CONTROLLED SUBSTANCES
Title 1: General Provisions

Section 3302 - Definitions of terms of general use in this article.
4. “Concentrated Cannabis” means
(a) the separated resin, whether crude or purified, obtained from a plant of the genus Cannabis; or
(b) a material, preparation, mixture, compound or other substance which contains more than two and one-half percent by weight of delta-9 tetrahydrocannabinol, or its isomer, delta-8 dibenzopyran numbering system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) monoterpene numbering system.
13. “Drug” means (a) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (b) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; and (c) substances (other than food) intended to affect the structure or a function of the body of man or animal. It does not include devices or their components, parts, or accessories.
21. “Marihuana” means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

Section 3306 – Schedules of controlled substances.
Schedule I.
(a) Schedule I shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
(d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term “isomer” includes the optical, position and geometric isomers):
(13) Marihuana.
(21) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: /\1 cis or trans tetrahydrocannabinol, and their optical isomers /\6 cis or trans tetrahydrocannabinol, and their optical isomers /\3, 4 cis or trans tetrahydrocannabinol, and its optical isomers (since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered).
Schedule II.
(a) Schedule II shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
Schedule III.
(a) Schedule III shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
(f) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration approved product. Some other names for dronabinol include: (6aR-trans)-6a, 7, 8, 10a-tetrahydro-6, 6, 9-trimethyl-3-pentyl-6H-dibenzo{b,d} pyran-1-o1, or (-)-delta-9-(trans) – tetrahydrocannabinol.

Section 3382 – Growing of the plant known as Cannabis by unlicensed persons.
A person who, without being licensed so to do under this article, grows the plant of the genus Cannabis or knowingly allows it to grow on his land without destroying the same, shall be guilty of a class A misdemeanor.

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****NY INACTIVE MEDICAL RESEARCH MARIJUANA LAW PRESENTLY ON THE BOOKS****
NY PUBLIC HEALTH LAW (PBH)

Article 33-A   CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT (Medical Marijuana Research)
§ 3397-a. Legislative findings. The legislature finds that recent research has shown that the use of marijuana may alleviate the nausea and ill-effects of cancer chemotherapy, may alleviate the ill-effects of glaucoma and may have other therapeutic uses. The legislature further finds that there is a need for further research and experimentation with regard to the use of marijuana for therapeutic purposes under strictly controlled circumstances. It is for such research programs that the controlled substances therapeutic research act is hereby enacted.
§ 3397-b. Definitions. As used in this article:
1. “Marijuana” means marijuana as defined in section thirty-three hundred two of this chapter and shall also include tetrahydrocannabinols or a chemical derivative of tetrahydrocannabinol.
2. “Physician” means a person licensed to practice medicine in the state of New York including a person authorized to practice medicine in a federal medical facility in the state.
3. “Hospital” means a hospital as defined in section twenty-eight hundred one of this chapter.
§ 3397-c. Antonio G. Olivieri controlled substances therapeutic research program established; participation.
1. The Antonio G. Olivieri controlled substances therapeutic research program is hereby established in the department of health. The commissioner shall promulgate rules and regulations necessary for the proper administration of the controlled substances therapeutic research act. In such promulgation, the commissioner shall take into consideration those pertinent rules and regulations promulgated by the drug enforcement administration, food and drug administration and the national institute on drug abuse.
2. Participation in the Antonio G. Olivieri controlled substances therapeutic research program shall be limited to cancer patients,
glaucoma patients and patients afflicted with other diseases as such diseases are approved by the commissioner. Such patient shall be certified by a physician to and approved by a patient qualification review board or committee in the manner provided by this article. Physician certification and board or committee approval shall be limited to such patients who are involved in a life-threatening or sense-threatening situation. Patients seeking participation in such program may seek the advice and shall be entitled to be advised by appropriate medical personnel concerning the medical efficacy of treatment with conventional controlled substances.
3. The commissioner, on behalf of the department, shall apply to the food and drug administration for an investigational new drug permit within ninety days after the effective date of this section.
§ 3397-d. State patient qualification review board; composition; powers and duties.
1. The commissioner shall appoint a state patient qualification review board of no less than three nor more than five members. The state patient qualification review board shall be comprised of:
(a) A physician licensed to practice medicine in New York and certified by the American board of ophthalmology;
(b) A physician licensed to practice medicine in New York and certified by the American board of internal medicine and also certified
in the subspecialty of medical oncology;
(c) A physician licensed to practice medicine in New York and certified in psychiatry by the American board of psychiatry and
neurology; and
(d) Any other members that the commissioner may deem necessary.
2. Members of such board shall be appointed for three year terms except that the term of those first appointed shall be arranged so that as nearly as possible an equal number shall terminate annually. A vacancy occurring during a term shall be filled by an appointment by the commissioner for the unexpired term. The commissioner shall designate the chairman of the board. Any member may be removed from the board at the pleasure of the commissioner.
3. Each member of the board shall receive up to one hundred fifty dollars as prescribed by the commissioner for each day devoted to board work not to exceed forty-five hundred dollars in any one year, and shall be reimbursed for necessary expenses.
§ 3397-e. Patient participation in program; procedure.
1. Any hospital may establish a hospital patient qualification review committee subject to the rules and regulations promulgated by the commissioner. A hospital may designate a hospital human research review committee as set forth in section twenty-four hundred forty-four of this chapter to serve as a hospital patient qualification review committee.
2. Any physician may recommend a patient for participation in the Antonio G. Olivieri controlled substances therapeutic research program to the hospital patient qualification review committee for the hospital wherein such patient has received medical treatment.
3. The hospital patient qualification review committee shall review each recommendation and shall submit approved patient applications to the state patient qualification review board.
4. The state patient qualification review board shall review all physician applicants for the Antonio G. Olivieri controlled substances
therapeutic research program and certify or refuse to certify their participation in the program.
5. The state patient qualification review board may delegate to a hospital patient qualification review committee the authority to approve or disapprove a patient’s participation in such program.
6. A patient shall not be eligible to participate in such program without the approval of the state patient qualification review board or
the hospital patient qualification review committee delegated pursuant to subdivision five of this section.
7. The hospital human research review committee shall review each human research project proposed hereunder and shall certify to the hospital patient qualification review committee that such project meets the requirements of this article and article twenty-four-A of this chapter.
§ 3397-f. Antonio G. Olivieri controlled substances therapeutic research program; distribution.
1. The commissioner shall obtain marijuana through whatever means he deems most appropriate, consistent with regulations promulgated by the national institute on drug abuse, the food and drug administration and the drug enforcement administration
and pursuant to the provisions of this article.
2. If, within a reasonable time, the commissioner is unable to obtain controlled substances pursuant to subdivision one of this section, he shall conduct an inventory of available sources of such drugs, including but not limited to the New York state police bureau of criminal investigation and local law enforcement officials. Said inventory shall be for the purpose of determining the feasibility of obtaining controlled substances for use in the program. Upon conducting said inventory, the commissioner shall contract with the available source for the receipt of controlled substances.
3. The commissioner shall cause such marijuana to be transferred to a hospital for distribution to the certified patient pursuant to this
article.
§ 3397-g. Report.
The commissioner, in conjunction with the state patient qualification review board, shall each year report his findings
and recommendations to the governor and the legislature regarding the effectiveness of the Antonio G. Olivieri controlled substances
therapeutic research program.

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New York State Civil Practice and Rules (CVP)

CVP 1311 – Forfeiture
(d) In a forfeiture action commenced by a claiming authority against a defendant, the following rebuttable presumption shall apply: all
currency or negotiable instruments payable to the bearer shall be presumed to be the proceeds of a pre-conviction forfeiture crime when such currency or negotiable instruments are
(i) found in close proximity to a controlled substance unlawfully possessed by the defendant in an amount sufficient to constitute a violation of section 220.18 or 220.21 f the penal law, or
(ii) found in close proximity to any quantity of a controlled substance or marihuana unlawfully possessed by such defendant in a room, other than a public place, under circumstances evincing an intent to unlawfully mix, compound, distribute, package or otherwise prepare for sale such controlled substance or marihuana.

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New York General Business Law Article 39

§ 850. Definitions.
As used in this article, unless the context clearly requires otherwise, the following words or terms shall have the following meanings:
1. “Controlled substance” shall have the same meaning as defined in section three thousand three hundred two of the public health law.
2. “Drug-related paraphernalia” consists of the following objects used for the following purposes:
(a) Kits, used or designed for the purpose of planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(b) Kits, used or designed for the purpose of manufacturing, compounding, converting, producing, or preparing controlled substances;
(c) Isomerization devices, used or designed for the purpose of increasing the potency of any species of plant which is a controlled
substance;
(d) Scales and balances, used or designed for the purpose of weighing or measuring controlled substances;
(e) Diluents and adulterants, including but not limited to quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or designed for the purpose of cutting controlled substances;
(f) Separation gins, used or designed for the purpose of removing twigs and seeds in order to clean or refine marihuana;
(g) Hypodermic syringes, needles and other objects, used or designed for the purpose of parenterally injecting controlled substances into the human body;
(h) Objects, used or designed for the purpose of ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body.