What Penalties Can I Face For A Marijuana Related Conviction In New York?

That depends on the circumstances of the possession and the amount of the marijuana involved.

”The decriminalization” of possession or small quantity of marijuana for personal use has been accomplished in New York by the offense of “unlawful possession of marijuana”. This offense is a violation and not a crime and is broadly defined to include the knowing and unlawful possession of any quantity of marijuana.

The next category of marijuana possession is “criminal possession of marijuana in the 5th Degree” which is a class 8 misdemeanor and is defined as the knowing and unlawful possession of either an amount of marijuana which an aggregate weight of more than 25 grams or the possession of any quantity of marijuana if in a public place and the marijuana is burning or open to public view.

Additional marijuana possession offenses are based on the aggregate weight of the amounts possessed. For example possession of marijuana with an aggregate weight of more than 2 ounces is a class A misdemeanor. Possession of marijuana with an aggregate weight of more than 8 ounces is a class E felony. Possession of marijuana with an aggregate weight of more than 6 ounces is a class D felony and possession of marijuana with an aggregate weight of more than o pounds is a class C felony.

How Does Possession Of A Large Amount Of Marijuana Enhance Or Aggravate Charges?

As indicated above, the amount of marijuana possessed determines the classification of the charge you are facing. The lowest charge, “unlawful possession of marijuana” is a violation, thus a non-criminal offense which is punishable by only a fine. The fine is currently limited to $100.00 unless you have been previously convicted of a drug offense. If charged with the next category up, a B misdemeanor you are facing a maximum of go days in jail, an A misdemeanor up to a year in jail, and subsequent felony possession charges carry a maximum jail sentence of more than one year depending upon the degree of felony you are charged with, class C being the most serious and class E the least.

What Are The Penalties Associated With Sale Of Marijuana In New York?

A person is guilty of criminal sale of marijuana when he knowingly and unlawfully sells what he knows or believes to be marijuana. The seriousness of the sale charge again depends upon the aggregate weight of the marijuana alleged to be involved. For example, the criminal sale of marijuana with an aggregate weight 2 grams or less or one cigarette containing marijuana is a B misdemeanor. However, you should be aware of how the term “sell” is defined in the Penal Law. It is defined to include any form of transfer of the marijuana to another person with or without consideration. Thus the person who gives his friend a marijuana cigarette to smoke maybe guilty of a sale.

However, the law now recognizes the low level of culpability in the giving or sharing of a small quantity of marijuana for personal use and thus created the lowest category of marijuana sale. The class B misdemeanor of criminal sale of marijuana in the 5th Degree. If the transfer of the marijuana is for consideration that is, an exchange of money or anything else of value, it is a class A misdemeanor. If the sale is more than 25 grams of marijuana, it is class E felony, more than 4 ounces or any quantity sold to a person who is less than 18 years of age, a class D Felony and the sale of more than 16 ounces of marijuana is a class C felony.

For more information on Marijuana Related Offenses In New York, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (914) 709-7161 today.