In New York, anyone charged with possession of 25 grams or less of marijuana is subject to a violation, which is called Unlawful Possession of Marijuana, under New York Penal Law Section 221.05. Although this charge is a merely a violation of law the law and considered non-criminal, the long-term collateral consequences of a marijuana possession conviction are severe. For example, if you are convicted of marijuana possession, you lose eligibility for federal student aid and it may appear to a potential employer on a background check.
Criminal Possession of Marijuana in New York
There are two main types of marijuana-related crimes recognized in New York: criminal possession, and criminal sale. Both are handled by Article 221 of the New York Penal Law.
Penalties for Criminal Possession of Marijuana:
5th Degree
- Possession amount: over 25 grams
- Charge: Class B Misdemeanor
- Penalties: fine of up to $500, up to three months in prison
4th Degree
- Possession amount: over two ounces
- Charge: Class A Misdemeanor
- Penalties: fine of up to $1,000, up to one year in prison
3rd Degree
- Possession amount: over eight ounces
- Charge: Class E Felony
- Penalties: up to four years in prison
2nd Degree
- Possession amount: over 16 ounces
- Charge: Class D Felony
- Penalties: up to seven years in prison
1st Degree
- Possession amount: over 10 pounds
- Charge: Class C Felony
- Penalties: up to 15 years in prison
Penalties for Criminal Sale of Marijuana:
5th Degree
- Sale amount: two grams or less; one cigarette containing marijuana
- Charge: Class B Misdemeanor
- Penalties: fine of up to $500, up to three months in prison
4th Degree
- Sale amount: more than two grams, up to 25 grams
- Charge: Class A Misdemeanor
- Penalties: fine of up to $1,000, up to one year in prison
3rd Degree
- Sale amount: more than 25 grams
- Charge: Class E Felony
- Penalties: up to four years in prison
2nd Degree
- Sale amount: more than four ounces
- Charge: Class D Felony
- Penalties: up to seven years in prison
1st Degree
- Sale amount: more than 16 ounces
- Charge: Class C Felony
- Penalties: up to 15 years in prison
Contact a Knowledgeable Rochester New York Marijuana Possession Attorney
If you or a loved one has been accused of a marijuana offense and are in need of a criminal defense lawyer in the Greater Rochester Area of New York, contact the Law Office of Emanuel N. Mouganis. We can guarantee you experienced, knowledgeable and reliable defense.
