New York statute
N.Y. Penal Law § 222.00 — Cannabis; definitions
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 222: Cannabis, New York Penal Law.
Full text of N.Y. Penal Law § 222.00
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
222.00 Cannabis; definitions.
1. "Cannabis" 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. It
does not include hemp, cannabinoid hemp or hemp extract as defined in
section three of the cannabis law or drug products approved by the
Federal Food and Drug Administration.
2. "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 three 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.
3. For the purposes of this article, "sell" shall mean to sell,
exchange or dispose of for compensation. "Sell" shall not include the
transfer of cannabis or concentrated cannabis between persons twenty-one
years of age or older without compensation in the quantities authorized
in paragraph (b) of subdivision one of section 222.05 of this article.
4. For the purposes of this article, "smoking" shall have the same
meaning as that term is defined in section three of the cannabis law.
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