New York Marijuana Possession Lawyer

Although some states have passed laws legalizing recreational marijuana use, possession is still illegal in New York and those facing possession charges can be subject to hefty fines and possible jail time.

It is important to note that New York only recently passed a law allowing for medical marijuana use in specific situations, but medical use is not the same as recreational use.

If you have been arrested for marijuana possession, it is in your best interests to contact an experienced New York marijuana possession lawyer to review your charges and determine your legal defense options so that you can make an informed decision on what is best for you. Work with a qualified drug attorney who can advocate for you.

New York Marijuana Possession Charges

If you are caught with recreational marijuana in New York, what you’re charged with will vary depending on the amount of marijuana in question. Essentially, anyone caught with over 25 grams of marijuana will face some form of criminal charge.

These are the penalties associated with marijuana possession:

  • Up to 25 grams. This results in a minor civil violation that incurs fines of approximately $100, but no jail time. Subsequent offenses in this category may also be deemed minor; however fines increase and there is the possibility of jail time
  • 25 grams to 2 ounces. This is considered a Class B misdemeanor and results in up to three months in jail and/or $500 fine
  • 2 to 8 ounces. This is considered a Class A misdemeanor and results in up to one year in jail and/or $1,000 fine
  • 8 to 16 ounces. This is considered a Class E felony and results in one to four years in prison and/or up to a $5,000 fine. There is mandatory prison time for those convicted of second offenses
  • 16 ounces to 10 pounds. This is considered a Class D felony and results in one to seven years in prison and/or up to a $5,000 fine. There is mandatory prison time for those convicted of second offenses
  • 10 pounds or more. This is considered a Class C felony and results in one to 15 years in prison and/or up to a $15,000 fine. There is mandatory prison time for those convicted of second offenses
  • If you are caught with marijuana in public view, it is considered a misdemeanor and you are subject to an additional fine of $250 and the possibility of 90 days jail time.

    Although the stigma surrounding marijuana may have curbed somewhat socially, the laws and penalties surrounding marijuana possession have not followed suit. Anyone charged with marijuana possession should contact a New York marijuana possession lawyer to understand their legal defenses and options.

    New York Marijuana Sale Penalties

    New Yorkers possessing small amounts of marijuana are likely to have it for personal use. However, those possessing several ounces, or pounds, of marijuana may be subject to allegations of sale – and New York marijuana sale penalties are strict:

  • Up to two ounces. This is considered a Class B misdemeanor and results in up to three months in jail and/or up to a $500 fine
  • Up to 25 ounces. This is considered a Class A misdemeanor and results in up to one year in jail and/or up to a $1,000 fine
  • 25 grams to four ounces. This is considered a Class E felony and results in one to four years in prison and/or up to a $5,000 fine
  • 4 to 16 ounces. This is considered a Class D felony and results in a one to seven years in prison and/or up to $5,000 fine
  • 16 ounces or more. This is considered a Class C felony and results in one to 15 years in prison and up to a $15,000 fine
  • Keep in mind that there may be a fine line between mere possession and the appearance of a sale. An experienced New York marijuana possession lawyer will understand how the laws, and prosecutors, view marijuana possession.

    Contacting a Marijuana Possession Attorney

    If you have been charged with marijuana possession, it is important to understand your rights and legal defenses. Contact an experienced New York marijuana possession lawyer. Your attorney can devote the time and resources necessary, to build a solid defense for you.