Marijuana Possession

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.