New York
New York legalized adult-use cannabis through the Marijuana Regulation and Taxation Act, signed and effective March 31, 2021; the first licensed adult-use retail sale followed 638 days later, on December 29, 2022. The market is built on a two-tier structure that prohibits vertical integration for standard licensees, with statutory exceptions for microbusinesses and legacy medical Registered Organizations, and on a Social and Economic Equity program carrying a 50 percent licensing goal. Open dispensaries grew from 34 at the end of 2023 to 261 at the end of 2024 to 519 as of November 30, 2025. Adult-use retail sales reached $869,400,000 in calendar-year 2024 — the most recent complete full year, per the OCM 2024 Market Report — which works out to $44.42 in adult-use sales per resident. (OCM's later 2025 Annual Report restates CY2024 adult-use at $882,100,000 on a broader reporting universe; this site uses the $869.4M figure consistently across the state page and the per-capita ranking.) Combined adult-use and medical sales for CY2024 were on the order of $1,000,000,000, up from $317,400,000 in calendar-year 2023. Through the first eleven months of calendar-year 2025, combined sales reached $1,577,800,000, an eleven-month partial figure rather than a full year. Medical sales have fallen each year reported, from $162,100,000 in 2023 to $139,100,000 in 2024. By OCM's own estimate the legal market had captured less than one-fifth of total addressable demand as of December 2024. New York tracks regulated product through Metrc, which went live December 17, 2025.
Licensing & Market
New York operates a two-tier market that prohibits vertical integration for standard adult-use licensees; microbusinesses and legacy medical Registered Organizations are statutory exceptions. There is no statutory numerical cap on adult-use licenses, and licenses may not be transferred without prior Cannabis Control Board approval, with Social and Economic Equity licenses restricted from transfer to non-SEE entities for three years. Applicants must demonstrate a significant presence in New York rather than satisfy a fixed residency duration. As of November 30, 2025 the Office of Cannabis Management reported 2,413 adult-use licenses issued and 2,008 active, including 249 active cultivators and 770 active retail dispensary licenses. Of those retail licenses, 519 dispensaries were open — an open rate of 67.4 percent measured against active retail licenses, not against every license ever awarded, because OCM does not publish a retail-specific ever-awarded total. New York does not publish a cultivator-specific ever-awarded figure, so a cultivator activation rate cannot be computed. There are 12.5 active cultivators per million residents and 2.61 open dispensaries per 100,000 residents. The official municipal opt-out count is not available in a machine-readable form, so the share of New York's 1,520 eligible municipalities that permit cannabis business cannot be stated from public records. The state tracks product through Metrc.
| Field | Value | Source |
|---|---|---|
| Cultivator licenses awarded | Not available in the public record | — |
| Cultivator licenses operational | 249 | [8] |
| Cultivator activation rate | Not available in the public record | — |
| Operating cultivators per million | 12.5 | [9] |
| Retail licenses awarded | 770 | [10] |
| Retail licenses operational | 519 | [11] |
| Retail activation rate | 67.4% | [12] |
| Dispensaries per 100k | 2.61 | [13] |
| Vertical integration | prohibited | [14] |
| License caps exist | No | [15] |
| Licenses transferable | No | [16] |
| Residency required | Yes | [17] |
| Residency duration (months) | Not available in the public record | — |
| Municipalities allowing | Not available in the public record | — |
| Municipalities total | 1520 | [18] |
| Municipal opt-in rate | Not available in the public record | — |
| Track-and-trace system | Metrc | [19] |
| Cultivator application fee | Not available in the public record | — |
| Cultivator annual fee | Not available in the public record | — |
| Retail application fee | Not available in the public record | — |
| Retail annual fee | Not available in the public record | — |
Consumer Rules
Adults 21 and over may possess up to 3 ounces of cannabis flower and 24 grams of concentrate. Home cultivation is permitted at 3 mature plants per adult, to a maximum of 6 mature plants per household. Per-transaction purchases are capped at 3 ounces of flower and 24 grams of concentrate; New York sets no statutory daily limit on edibles in milligrams. All major product forms are legal, including flower, concentrates, edibles, beverages, tinctures, and topicals. Delivery is legal under a retailer endorsement and is operational. On-site consumption is authorized under the MRTA, but OCM had not opened the licensing window as of the reporting date, so no operational lounge count exists.
| Field | Value | Source |
|---|---|---|
| Home grow allowed | Yes | [20] |
| Home grow plant limit | 3 | [21] |
| Possession limit (oz) | 3 | [22] |
| Delivery legal | Yes | [23] |
| Delivery operational | Yes | [24] |
| Consumption lounges legal | Yes | [25] |
| Consumption lounges count | Not available in the public record | — |
| Purchase limit, flower (oz) | 3 | [26] |
| Purchase limit, concentrate (g) | 24 | [27] |
| Purchase limit, edibles (mg) | Not available in the public record | — |
| All product forms legal | Yes | [28] |
| Restricted product forms | Not available in the public record | — |
Taxation
New York imposes a 9 percent state excise tax on adult-use retail sales and a flat 4 percent local excise, for a combined consumer-facing rate of 13 percent; adult-use cannabis is exempt from the general state and local sales tax. A separate 9 percent excise applies upstream at the distributor-to-retailer wholesale level and is embedded in price rather than charged at the register. The tax structure changed effective June 1, 2024: the FY2025 Enacted Budget repealed the prior THC-potency tax and replaced it with the 9 percent wholesale ad valorem excise, and cut the medical Registered Organization gross-receipts tax from 7 percent to 3.15 percent. Combined state and local cannabis excise taxes across all programs generated $158,422,912 in fiscal year 2025 (April 1, 2024 through March 31, 2025), citing the New York Department of Taxation and Finance — $7.97 per resident. Through the first eight months of fiscal year 2026 (April through November 2025), an additional $131,386,000 was collected, an eight-month partial figure.
| Field | Value | Source |
|---|---|---|
| Excise tax | 9% | [29] |
| Excise tax type | per price | [30] |
| Sales tax | 0% | [31] |
| Wholesale tax | 9% | [32] |
| Potency tax exists | No | [33] |
| Potency tax, flower | Not available in the public record | — |
| Potency tax, concentrate | Not available in the public record | — |
| Potency tax, edibles | Not available in the public record | — |
| Local tax (max) | 4% | [34] |
| Local tax (typical) | 4% | [35] |
| Total effective rate | 13% | [36] |
| Medical tax exempt | Yes | [37] |
| Medical tax rate | 3.15% | [38] |
| Annual tax revenue | $158,422,912 | [39] |
| Tax revenue per capita | $7.97 | [40] |
| Tax changed since legalization | Yes | [41] |
| Tax direction | decreased | [42] |
Operator Data
Adult-use retail sales reached $869,400,000 in calendar-year 2024 — the most recent complete full year, per the OCM 2024 Market Report (the figure used consistently here and on the per-capita ranking; OCM's later 2025 Annual Report restates it at $882,100,000 on a broader reporting universe). That works out to $44.42 in adult-use sales per resident. Adult-use sales rose from $155,300,000 in calendar-year 2023, an early-market ramp from 34 open stores at the end of 2023 to 261 at the end of 2024 rather than steady-state growth. The Office of Cannabis Management reports average retail price per unit peaked near $39 in early 2024 and declined roughly 15 percent to about $32 by the third quarter of 2025. New York publishes no recurring public wholesale or retail price index, so wholesale-level price compression and operator margins cannot be quantified from public records — those figures exist only in proprietary point-of-sale data not used here. As of November 30, 2025, 333 of the 2,413 adult-use licenses issued were inactive through expiration, surrender, revocation, or status change, an attrition rate of 13.8 percent. The state reports 543 active cultivation licenses across all types but publishes no historical peak series.
| Field | Value | Source |
|---|---|---|
| Wholesale flower ($/lb) | Not available in the public record | — |
| Wholesale flower period | Not available in the public record | — |
| Wholesale trend | Not available in the public record | — |
| Wholesale price compression | Not available in the public record | — |
| Retail flower ($/oz) | Not available in the public record | — |
| Operator margin | Not available in the public record | — |
| Total market sales | $1,021,200,000 | [43] |
| Adult-use sales | $869,400,000 | [44] |
| Per-capita sales | $44.42 | [45] |
| YoY sales growth | 221.7% | [46] |
| License attrition (count) | 333 | [47] |
| License attrition | 13.8% | [48] |
| Peak cultivation licenses | Not available in the public record | — |
| Current cultivation licenses | 543 | [49] |
Consumer Data
New York residents purchased $44.42 of adult-use cannabis per resident in calendar-year 2024 (OCM 2024 Market Report adult-use sales over total resident population — the figure carried on the per-capita ranking), served by 2.61 open dispensaries per 100,000 residents as of November 30, 2025. The Office of Cannabis Management reports average retail price per unit declined roughly 15 percent between early 2024 and the third quarter of 2025. In its December 2024 Two-Year Market Report, OCM estimated the legal market had captured less than one-fifth of total addressable demand, the only public agency estimate of legal-market capture; a precise figure is not published.
| Field | Value | Source |
|---|---|---|
| Per-capita sales | $44.42 | [45] |
| Dispensaries per 100k | 2.61 | [13] |
| Legal market capture | 20% | [50] |
| Legal capture source | NYS OCM 2024 Two-Year Market Report | [51] |
| Retail price trend | declining | [52] |
Equity Programs
Social and economic equity is built into New York's licensing design under Cannabis Law section 87(2), which establishes priority categories for Minority-Owned, Women-Owned, Communities Disproportionately Impacted, Service-Disabled Veteran-Owned, and Distressed Farmer businesses, with a separate Conditional Adult-Use Retail Dispensary pathway for justice-impacted individuals and a statutory goal of awarding 50 percent of adult-use licenses to equity applicants. The Office of Cannabis Management reports that 55 percent of adult-use licenses have gone to equity applicants, exceeding the goal; applied to the 2,413 licenses issued, that is roughly 1,327 equity licenses awarded, a calculation rather than a published integer. OCM does not publish an absolute count of operational equity licenses, so an equity activation rate cannot be computed. Among reported True Parties of Interest, 16 percent identified as Black or African American and 28 percent as female. The Social Equity Cannabis Investment Fund was announced in 2023 with a $200 million target ceiling — $50 million state and up to $150 million private — which is a target, not money deployed; one secondary source reports roughly $27 million funded as of May 2024, with no further public funding reported since, and no primary disbursement total is published. The Community Grants Reinvestment Fund disbursed $485,226 to awardees during calendar-year 2025 of a $5 million total awarded to 50 organizations. The MRTA mandates automatic expungement of prior Penal Law Article 221 convictions without petition or fee; no agency publishes a confirmed count of records processed.
| Field | Value | Source |
|---|---|---|
| Equity program exists | Yes | [53] |
| Equity program type | Social and Economic Equity (SEE) program under NY Cannabis Law sec. 87(2): categories are Minority-Owned, Women-Owned, Communities Disproportionately Impacted (CDI), Service-Disabled Veteran-Owned, and Distressed Farmer, plus an Extra-Priority subcategory (CDI + income below 80% of county median + a pre-3/31/2021 cannabis conviction). Separate CAURD (Conditional Adult-Use Retail Dispensary) pathway for justice-impacted individuals. Statutory goal: 50% of adult-use licenses to SEE applicants. | [54] |
| Equity licenses awarded | 1327 | [55] |
| Equity licenses operational | Not available in the public record | — |
| Equity activation rate | Not available in the public record | — |
| Equity fund exists | Yes | [56] |
| Equity fund size | $200,000,000 | [57] |
| Equity fund disbursed | $27,000,000 | [58] |
| Equity fund disbursement rate | 13.5% | [59] |
| Minority ownership | 16% | [60] |
| Women ownership | 28% | [61] |
| Community reinvestment | 485226 | [62] |
| Expungement exists | Yes | [63] |
| Expungement automatic | Yes | [64] |
| Expungements processed | Not available in the public record | — |
| Income cap for equity | Not available in the public record | — |
Enforcement
New York tracks regulated product through Metrc and publishes much of its enforcement record. The Office of Cannabis Management reported 401 compliance inspections and 380 Statements of Findings issued to licensees over the Q4 2024 through Q3 2025 cycle, 41 consumer-level product recalls in the same period, and 253 full-time staff at the close of 2025. Illicit-market enforcement actions totaled 2,017 in 2025, down from 5,215 in 2024 following a court injunction on warrantless inspections. Civil penalties for unlicensed activity run from a floor of $100 per day under Cannabis Law section 131 to $20,000 per day after a cease-and-desist order under section 132. Mandatory testing covers roughly 10 categories under 9 NYCRR section 130.22. The annual regulatory budget is not itemized in the OCM annual report and the per-batch testing cost is not published, so those figures are not available in the public record.
| Field | Value | Source |
|---|---|---|
| Track-and-trace system | Metrc | [19] |
| Inspections per year | 401 | [65] |
| Enforcement actions (licensees) | 380 | [66] |
| Unlicensed-market enforcement actions | 2017 | [67] |
| Regulatory budget | Not available in the public record | — |
| Regulatory staff | 253 | [68] |
| Mandatory testing analytes | 10 | [69] |
| Testing cost per batch | Not available in the public record | — |
| Product recalls per year | 41 | [70] |
| Fine schedule (min) | $100 | [71] |
| Fine schedule (max) | $20,000 | [72] |
Penalties & Criminal Law
The MRTA sharply reduced personal-use penalties: possession of up to 3 ounces of flower is legal, and the law mandates automatic expungement of prior Penal Law Article 221 convictions. Penalty direction since legalization is mixed — lighter for consumers, materially harsher for unlicensed commercial operators, who faced civil penalties raised to $20,000 per day in May 2023 legislation and expanded OCM padlocking authority under September 2024 emergency rules. Possession above the legal limit is graduated under Penal Law Article 222: more than 3 ounces but not more than 16 ounces is a violation with a fine up to $125, more than 16 ounces (about 453 grams) is a Class A misdemeanor, more than 5 pounds is a Class E felony, and more than 10 pounds is a Class D felony. The lowest felony trigger overall is a sale threshold — more than 16 ounces, a Class E felony under section 222.55. Public consumption carries a civil penalty up to $25 or up to 20 hours of community service, and cannabis may be consumed wherever tobacco smoking is permitted under the Clean Indoor Air Act. New York sets no per se THC blood limit for impaired driving, relying instead on an impairment standard supported by Drug Recognition Expert evaluation. Post-legalization arrest counts and racial disparity ratios are not published by a New York primary source and are not asserted here.
| Field | Value | Source |
|---|---|---|
| Max penalty, unlicensed cultivation | No standalone criminal penalty for unlicensed home cultivation under the Cannabis Law; civil penalties apply under Cannabis Law sec. 131 ($100-$10,000/day, up to $25,000). Commercial-scale unlicensed cultivation can support criminal charges under NY Penal Law Article 222 (up to Class D felony, sec. 222.60, for >5 lbs). | [73] |
| Max penalty, unlicensed sale | Civil: up to $10,000/day (Cannabis Law sec. 132); up to $20,000/day after a cease-and-desist order (May 2023 legislation). Criminal (NY Penal Law Art. 222): unlawful sale = violation up to $250 (sec. 222.45); >16 oz = Class E felony (sec. 222.55); >5 lbs = Class D felony (sec. 222.60); >=100 lbs = Class C felony (sec. 222.65). | [74] |
| Felony threshold (grams) | 453 | [75] |
| Felony threshold type | sale | [76] |
| Penalty, possession over limit | Over 3 oz but <=16 oz: violation, fine up to $125 (NY Penal Law sec. 222.25). Over 16 oz (~453 g): Class A misdemeanor (sec. 222.30). Over 5 lbs: Class E felony (sec. 222.35). Over 10 lbs: Class D felony (sec. 222.40). | [77] |
| Penalty, public consumption | Civil penalty up to $25 or up to 20 hours community service (NY Penal Law sec. 222.10). Cannabis may be consumed wherever tobacco smoking is permitted under the NYS Clean Indoor Air Act; indoor workplaces, restaurants, bars, and transit remain prohibited. | [78] |
| DUI per se limit (ng) | Not available in the public record | — |
| DUI zero tolerance | No | [79] |
| Penalties increased post-legalization | Yes | [80] |
| Penalty direction | mixed | [81] |
| Penalty direction details | MRTA (2021) sharply reduced personal-use penalties (possession up to 3 oz fully legal; automatic expungement of prior Penal Law Art. 221 convictions). Simultaneously, NY escalated penalties on UNLICENSED operators: May 2023 legislation raised civil penalties to $20,000/day, and September 2024 emergency rules expanded OCM padlocking authority. Net: lighter for consumers, materially harsher for unlicensed sellers. | [82] |
| Post-legalization arrests (annual) | Not available in the public record | — |
| Racial disparity ratio | Not available in the public record | — |
| Expungement exists | Yes | [63] |
| Expungement automatic | Yes | [64] |
Sources
- ↑ NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ Standard USPS abbreviation for New York.
- ↑ OCM 2025 Annual Report data is current through November 30, 2025. NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ Marijuana Regulation and Taxation Act (MRTA), S.854-A/A.1248-A, signed and effective March 31, 2021. NY Senate bill page: ; OCM MRTA overview: https://cannabis.ny.gov/marihuana-regulation-and-taxation-act-mrta https://www.nysenate.gov/legislation/bills/2021/S854
- ↑ Governor Hochul press release: 'Governor Hochul Announces First Adult-Use Cannabis Retail Sales Made in New York State History,' Dec 29, 2022 (Housing Works Cannabis Co., Manhattan) https://www.governor.ny.gov/news/governor-hochul-announces-first-adult-use-cannabis-retail-sales-made-new-york-state-history
- ↑ CALC: 2022-12-29 minus 2021-03-31 = 638 days.
- ↑ U.S. Census Bureau, Vintage 2024 Population Estimates, New York State (July 1, 2024) = 19,867,248 https://www.census.gov/quickfacts/fact/table/NY/PST045224
- ↑ OCM 2025 Annual Report: of 2,413 adult-use licenses issued as of Nov 30, 2025, 2,008 are active, including 249 cultivators. (Active-license count used as proxy for operational; see _notes.) NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ CALC: 249 active cultivators / (19,867,248 / 1,000,000) = 12.5 per million.
- ↑ OCM 2025 Annual Report active-license breakdown: 770 active retail dispensary licenses (used as the 'awarded' denominator; see _notes). NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ OCM 2025 Annual Report: open adult-use dispensaries grew from 34 (end 2023) to 519 by Nov 30, 2025. NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ CALC: 519 open / 770 active retail licenses x 100 = 67.4%.
- ↑ CALC: 519 open dispensaries / (19,867,248 / 100,000) = 2.61 per 100,000.
- ↑ MRTA / NY Cannabis Law Article 4 two-tier structure prohibits supply-side licensees from holding retail interests and vice versa; microbusinesses and Registered Organizations (legacy medical operators) are statutory exceptions. NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ No statutory numerical cap on total adult-use licenses in the MRTA; OCM has used discretionary issuance pacing, not a statutory cap. OCM licensing overview: https://cannabis.ny.gov/licensing
- ↑ NY Cannabis Law sec. 128 -- licenses may not be transferred without prior Cannabis Control Board written approval; SEE licenses are restricted from transfer to non-SEE entities for three years https://www.nysenate.gov/legislation/laws/CAN/128
- ↑ MRTA / NY Cannabis Law requires applicants to demonstrate a 'significant presence' in New York (principal place of business, NY incorporation, or majority NY-resident ownership) https://www.nysenate.gov/legislation/laws/CAN
- ↑ [SECONDARY] SUNY Rockefeller Institute of Government Municipal Opt-Out Tracker -- 1,520 cities, towns, and villages eligible to opt out under the MRTA https://rockinst.org/issue-areas/state-local-government/municipal-opt-out-tracker/
- ↑ OCM seed-to-sale tracking transitioned to Metrc (go-live Dec 17, 2025; manual reporting ended in 2026) https://cannabis.ny.gov/seed-to-sale
- ↑ NY Cannabis Law (MRTA) authorizes adult home cultivation. OCM adult-use information: https://cannabis.ny.gov/adult-use-information
- ↑ 3 mature plants per adult (6 mature per household with 2+ adults). OCM Penal Law fact sheet / adult-use information: https://cannabis.ny.gov/adult-use-information
- ↑ 3 oz of flower (and 24 g of concentrate) for personal possession. OCM adult-use information: https://cannabis.ny.gov/adult-use-information
- ↑ Delivery endorsement authorized for licensed retailers under the MRTA / NY Cannabis Law. OCM licensing: https://cannabis.ny.gov/licensing
- ↑ Retailer-endorsement delivery is operational in market as reported in the OCM 2025 Annual Report. NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ On-site consumption licenses are authorized under the MRTA / NY Cannabis Law. OCM licensing: https://cannabis.ny.gov/licensing
- ↑ 3 oz of cannabis flower per transaction/day (mirrors the personal possession limit). OCM adult-use information: https://cannabis.ny.gov/adult-use-information
- ↑ 24 g of concentrate per transaction/day. OCM adult-use information: https://cannabis.ny.gov/adult-use-information
- ↑ Flower, concentrates, edibles, beverages, tinctures, and topicals are authorized product forms. OCM adult-use information: https://cannabis.ny.gov/adult-use-information
- ↑ 9% state adult-use cannabis retail excise tax (effective June 1, 2024, replacing the prior THC potency tax). NY DTF Adult-Use Cannabis Products Tax: https://www.tax.ny.gov/bus/auc/
- ↑ Ad valorem (per retail price) excise. NY DTF: https://www.tax.ny.gov/bus/auc/
- ↑ Adult-use cannabis is exempt from NY State and local general sales/use tax; the cannabis-specific excise applies instead. NY DTF: https://www.tax.ny.gov/bus/auc/
- ↑ 9% distributor excise on the wholesale (distributor-to-retailer) price, effective June 1, 2024. NY DTF: https://www.tax.ny.gov/bus/auc/
- ↑ The THC-potency tax was repealed effective June 1, 2024 (FY2025 Enacted Budget) and replaced by the 9% wholesale excise; no potency tax currently exists. NY DTF historical rates: https://www.tax.ny.gov/bus/auc-historical-rates.htm
- ↑ 4% local adult-use cannabis excise (uniform statewide; municipalities may not exceed it). NY DTF: https://www.tax.ny.gov/bus/auc/
- ↑ 4% -- the local excise is a flat statewide 4% (distributed 25% county / 75% host municipality), so typical = maximum. NY DTF: https://www.tax.ny.gov/bus/auc/
- ↑ CALC: 9% state excise + 4% local excise + 0% sales tax = 13% consumer-facing rate. (The separate 9% wholesale excise is embedded upstream in price, not charged to the consumer at register.) NY DTF: https://www.tax.ny.gov/bus/auc/
- ↑ Medical cannabis dispensed to certified patients is exempt from the adult-use excise taxes. NY DTF: https://www.tax.ny.gov/bus/cannabis/
- ↑ [SECONDARY] Registered Organizations pay a 3.15% gross-receipts tax on medical sales (reduced from 7% effective June 1, 2024 per the FY2025 Enacted Budget); not a consumer line-item. Anchin FY2025 NY Budget summary: https://www.anchin.com/articles/new-york-states-2025-fiscal-year-budget/
- ↑ OCM 2025 Annual Report Table 7 -- FY2024-25 (Apr 1 2024-Mar 31 2025) combined state+local cannabis excise taxes, all programs = $158,422,912, citing NY DTF. NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ CALC: $158,422,912 / 19,867,248 population = $7.97.
- ↑ FY2025 Enacted Budget repealed the THC potency tax and substituted a 9% wholesale excise, and cut the medical RO gross-receipts tax from 7% to 3.15%, all effective June 1, 2024. NY DTF historical rates: https://www.tax.ny.gov/bus/auc-historical-rates.htm
- ↑ Net decrease/relief: the potency tax was eliminated (replaced by a generally lower-burden 9% wholesale ad valorem) and the medical tax was more than halved. NY DTF historical rates: https://www.tax.ny.gov/bus/auc-historical-rates.htm
- ↑ OCM 2025 Annual Report Table 8 -- CY2024 combined adult-use + medical retail = $1,021.2M (most recent full calendar year). NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ [NYS OCM 2024 Market Report]() — CY2024 adult-use reported retail sales = $869.4M (latest complete full year; no CY2025 AU primary as of 2026-06-09). Replaces the prior $882.1M (OCM 2025 Annual Report Table 8); ranking page and state page aligned on this one figure https://cannabis.ny.gov/system/files/documents/2025/06/2024-ocm-market-report-6-26-25.pdf
- ↑ CALC: CY2024 · adult-use sales $869,400,000 / population 19,571,216 (U.S. Census Vintage 2025) = $44.42. Reconciled adult-use per-capita (matches Operator Outcomes and the ranking page).
- ↑ CALC: ($1,021.2M CY2024 - $317.4M CY2023) / $317.4M = +221.7% (early-market ramp; see _notes). OCM 2025 Annual Report Table 8. NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ OCM 2025 Annual Report: 333 adult-use licenses inactive (expiration, surrender, revocation, status change) out of 2,413 issued as of Nov 30, 2025. NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ CALC: 333 inactive / 2,413 issued x 100 = 13.8%.
- ↑ OCM 2025 Annual Report active-license appendix: 228 Adult-Use Cultivator + 315 Conditional Adult-Use Cultivator = 543 active cultivation licenses (see _notes on the 249-vs-543 taxonomy difference). NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ [SECONDARY] OCM 2024 Two-Year Market Report, Conclusions: the legal market had 'captured less than one-fifth of the estimated total addressable demand' -- recorded as an upper bound of 20 (actual is sub-20%). NYS OCM 2024 Two-Year Market Report (Dec 2024) https://cannabis.ny.gov/annual-reports
- ↑ OCM 2024 Two-Year Market Report (the only public OCM demand-capture estimate). NYS OCM 2024 Two-Year Market Report (Dec 2024) https://cannabis.ny.gov/annual-reports
- ↑ OCM 2025 Annual Report: average retail price per unit peaked near $39 in early 2024 and declined ~15% to ~$32 by Q3 2025. NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ NY Cannabis Law sec. 87(2) (MRTA) establishes the Social and Economic Equity program; OCM Social and Economic Equity Plan (May 2023) https://cannabis.ny.gov/social-and-economic-equity
- ↑ NY Cannabis Law sec. 87(2) and the OCM Social and Economic Equity Plan; CAURD pathway and the 50% statutory licensing goal https://cannabis.ny.gov/social-and-economic-equity
- ↑ CALC: 55% (OCM-stated SEE share of adult-use licenses) x 2,413 adult-use licenses issued as of Nov 30, 2025 = 1,327. NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ NY Social Equity Cannabis Investment Fund, established 2022 (managed by DASNY subsidiary SESC). Governor's office: ; DASNY: https://www.dasny.org/Cannabis https://www.governor.ny.gov/news/governor-hochul-announces-150-million-investment-cannabis-social-equity-investment-fund
- ↑ Governor's announcement (June 2023): $200M target ($50M state + up to $150M private from Chicago Atlantic). This is the target ceiling, not the amount raised/deployed -- see _notes https://www.governor.ny.gov/news/governor-hochul-announces-150-million-investment-cannabis-social-equity-investment-fund
- ↑ [SECONDARY] CRB Monitor (July 2024), citing Chicago Atlantic: ~$27M funded as of May 1, 2024, with 'immaterial' amounts since; fund paused by DASNY. No primary OCM/DASNY disbursement total is published https://news.crbmonitor.com/2024/07/nyc-launches-social-equity-cannabis-loan-fund-as-state-pauses-its-program/
- ↑ CALC: $27M disbursed / $200M target x 100 = 13.5% (denominator is the target, not the amount raised; see _notes).
- ↑ OCM 2025 Annual Report -- 16% of True Parties of Interest identified as Black/African American (used as the equity-relevant minority-ownership proxy; see _notes). NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ OCM 2025 Annual Report -- 28% of True Parties of Interest identified as female. NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ OCM Community Grants Reinvestment Fund (CGRF) Statutory Report (Jan 2026): $485,226 disbursed to FY2024-25 CGRF awardees during CY2025 (of a $5M total awarded to 50 organizations) https://cannabis.ny.gov/annual-reports
- ↑ MRTA / NY Cannabis Law provides for expungement/sealing of prior cannabis convictions. NY Courts: https://nycourts.gov/courthelp/criminal/marihuanaExpunge.shtml
- ↑ MRTA mandates AUTOMATIC expungement of prior NY Penal Law Article 221 convictions (no petition or fee). NY Courts: https://nycourts.gov/courthelp/criminal/marihuanaExpunge.shtml
- ↑ OCM 2025 Annual Report -- 401 compliance (licensee-facing) inspections in the Oct 2024-Sep 2025 cycle (more than double the prior year). NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ OCM 2025 Annual Report -- 380 Statements of Findings issued to licensees, Q4 2024-Q3 2025. NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ OCM 2025 Annual Report -- 2,017 illicit-market enforcement actions in 2025 (down from 5,215 in 2024 owing to a court injunction on warrantless inspections). NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ OCM 2025 Annual Report -- 253 FTEs at the close of 2025. NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ [SECONDARY] 9 NYCRR sec. 130.22 -- ~10 required testing categories (cannabinoid profile plus microbials, foreign material, metals, moisture/water activity, mycotoxins, pesticides, residual solvents, terpenoids) https://www.law.cornell.edu/regulations/new-york/9-NYCRR-130.22
- ↑ OCM 2025 Annual Report -- 41 product lots recalled at the consumer level, Q4 2024-Q3 2025. NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ NY Cannabis Law sec. 131 -- civil penalty floor of not less than $100 per day per violation https://www.nysenate.gov/legislation/laws/CAN/131
- ↑ NY Cannabis Law sec. 132 -- up to $10,000/day for unlicensed activity, rising to $20,000/day after a cease-and-desist order (May 2023 legislation) https://www.nysenate.gov/legislation/laws/CAN/132
- ↑ NY Cannabis Law sec. 125, sec. 131; NY Penal Law Article 222 https://www.nysenate.gov/legislation/laws/CAN/131
- ↑ NY Cannabis Law sec. 132 (civil); NY Penal Law secs. 222.45/222.55/222.60/222.65 (criminal) https://www.nysenate.gov/legislation/laws/CAN/132
- ↑ NY Penal Law sec. 222.55 (Criminal Sale of Cannabis 2nd Degree, Class E felony): sale of more than 16 oz (~453 g) https://www.nysenate.gov/legislation/laws/PEN/222.55
- ↑ Lowest felony trigger is a SALE threshold (NY Penal Law sec. 222.55, >16 oz) https://www.nysenate.gov/legislation/laws/PEN/222.55
- ↑ NY Penal Law secs. 222.25/222.30/222.35/222.40 https://www.nysenate.gov/legislation/laws/PEN
- ↑ NY Penal Law sec. 222.10 (civil penalty up to $25 / 20 hours community service); consumption allowed where tobacco smoking is permitted under the Clean Indoor Air Act https://www.nysenate.gov/legislation/laws/PEN/222.10
- ↑ NY VTL sec. 1192(4) uses an impairment standard (DWAI-Drugs), not zero tolerance; mere presence of THC is insufficient https://www.nysenate.gov/legislation/laws/VAT/1192
- ↑ May 2023 legislation raised unlicensed-operator civil penalties to $20,000/day and Sept 2024 emergency rules expanded OCM padlocking authority. NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ Mixed: lighter for personal use, materially harsher for unlicensed commercial operators (see penalty_direction_details). NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf
- ↑ MRTA decriminalized personal use and mandated automatic expungement; subsequent 2023-2024 measures escalated civil/administrative penalties and enforcement against unlicensed sellers. NYS OCM 2025 Annual Report (data as of Nov 30, 2025) https://cannabis.ny.gov/system/files/documents/2025/12/ocm-annual-report_final-2025.pdf