What Are the Penalties for Possession or Sale of Marijuana in New York?

marijuana

Although the laws relating to the possession and sale of marijuana are slowly changing across the country, a conviction relating to the possession or sale of marijuana can still lead to serious penalties in the State of New York.   Keep in mind as well that although many states, including New York, have decriminalized the possession of small amounts of marijuana, federal law still prohibits the possession or sale of marijuana in any quantity. The following represents the penalties for offenses involving marijuana in New York as of 2014.

Possession of less than 25 grams

  • Considered a civil infraction punishable by a $100 fine for the first offense
  • Punishable by a $200 fine for the second offense
  • A third and subsequent offense is a criminal misdemeanor punishable by a $250 fine and up to 15 days in jail.

Possession of 25 grams to 2 ounces

  • Criminal possession of marijuana in the 5th degree
  • Class B misdemeanor
  • Punishable by a $250 fine and up to 3 months in jail

Possession of 2-8 ounces

  • Criminal possession  of marijuana in the 4th degree
  • Class A misdemeanor
  • Punishable by a $250 fine and up to a year in jail

Possession of 8 ounces – 1 pound

  • Criminal possession of marijuana in the 3rd degree
  • Class E felony
  • Punishable by one to four years in prison

Possession of 1 – 10 pounds

  • Criminal possession of marijuana in the 2nd degree
  • Class D felony
  • Punishable by up to 7 years in prison

Possession of more than 10 pounds

  • Criminal possession of marijuana in the 1st degree
  • Class C felony
  • Punishable by up to 15 years in prison

Sale of less than 2 grams (one cigarette)

  • Class B misdemeanor
  • Punishable by up to 3 months in jail

Sale of more than 2 grams but less than 25 grams

  • Class A Misdemeanor
  • Punishable by up to one year in jail

Sale of 25 grams to 4 ounces

  • Class E felony
  • Punishable by up to 4 years in prison

Sale of more than 4 ounces but less than 1 pound

  • Class D felony
  • Punishable by up to 7 years in prison

Sale of more than 1 pound

  • Class C felony
  • Punishable by up to 15 years in prison

If you have been charged with possession or sale of marijuana in the New York or New Jersey, contact an experienced criminal defense attorney as soon as possible to discuss your legal options. Click here for a free case review.

You have rights and should use them. You are entitled to have an attorney present and represent you throughout the proceedings to even the playing field; however, you must exercise your right to counsel by telling the prosecutor or police officer that you do not want to answer any questions until you have an attorney with you. If you do not ask, they will not get one and they will keep questioning you until they get something.

Please check our representative case page and testimonials & referrals page to see specific information regarding past cases and what our clients and other attorneys have to say about our legal services. Please feel free to contact The Law Offices of Adam Thompson, P.C. for more information about our experience in any legal area anytime at (212)267-2424.