Under the U.S. Controlled Substances Act, possession of marijuana of any type is a misdemeanor and cultivation is a felony, according to federal law. However, states have begun to take a different approach. In New York, possessing medical marijuana (as a flower) that does not exceed 25 grams will result in a citation for the first two infractions. After the third infraction, a person will receive a fine and jail time. However, if a person has more than 25 grams of flowers, the state of New York will impose jail time as a misdemeanor or felony, depending on the amount in your possession. Cultivation in New York is not permitted and can be subject to federal punishment as well.
Medical marijuana patients are not protected while in a federal park or on federal forest land in New York. NORML has received reports of campers and those driving through federal land who were searched, charged with federal possession statutes, and had their medicine confiscated. Unfortunately, the New York medical marijuana recommendation is not a defense in federal court to these charges.