New York Marijuana Attorney

Are you facing criminal charges relating to marijuana?

A person is guilty of unlawful possession of marihuana when he knowingly and unlawfully possesses marihuana. Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars.

However, where the defendant has previously been convicted of an offense defined in this article or article 220 of this chapter, committed within the three years immediately preceding such violation, it shall be punishable (a) only by a fine of not more than two hundred dollars, if the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both, if the defendant was previously convicted of two such offenses committed during such period.

S 221.10 Criminal possession of marihuana in the fifth degree. A person is guilty of criminal possession of marihuana in the fifth degree when he knowingly and unlawfully possesses: 1. marihuana in a public place, as defined in section 240.00 of this chapter, and such marihuana is burning or open to public view; or 2. one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams.

Criminal possession of marihuana in the fifth degree is a class B misdemeanor.

S 221.15 Criminal possession of marihuana in the fourth degree. A person is guilty of criminal possession of marihuana in the fourth degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than two ounces.

Criminal possession of marihuana in the fourth degree is a class A misdemeanor.

S 221.20 Criminal possession of marihuana in the third degree. A person is guilty of criminal possession of marihuana in the third degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than eight ounces.

Criminal possession of marihuana in the third degree is a class E felony.

S 221.25 Criminal possession of marihuana in the second degree. A person is guilty of criminal possession of marihuana in the second degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than sixteen ounces.

Criminal possession of marihuana in the second degree is a class D felony.

S 221.30 Criminal possession of marihuana in the first degree. A person is guilty of criminal possession of marihuana in the first degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than ten pounds.

S 221.05 Unlawful possession of marihuana.

In the state of New York, criminal charges for drug crimes (regardless of whether they are possession, cultivation or trafficking) are extremely serious and carry with them serious penalties. It is therefore extremely important that you do not hesitate to get a serious New York criminal defense attorney from our legal team at the Law Office of Brian D. Perskin for the legal assistance that you truly deserve. You cannot afford to be convicted of a crime, so do not hesitate to get the aggressive defense you deserve.

Marijuana, also known as marihuana, cannabis, weed, pot, buddha, bud, Mary Jane, grass, herb, dope, schwag, green, blaze, 4:20, Yerba and reefer, amongst numerous other names, is a controlled substance in the State of New York. Marijuana has its own unique schedule of punishments, under Article 221, of the New York Penal Law. The punishments for possession range from a violation to a C Felony. Marijuana is singled out for lighter punishment than other controlled substances. Just because the penalties are lighter, however, does not mean that you should take a criminal charge of this nature lightly. You need to be proactive and aggressive as you fight for your desirable result.

In New York, the following laws pertain to marijuana:

Sale of Marijuana

Sale of Marijuana is penalized as a separate and distinct crime from possession of Marijuana, it is generally penalized more harshly than mere possession. The various degrees of sale of Marijuana are:

S 221.35 Criminal sale of marihuana in the fifth degree. A person is guilty of criminal sale of marihuana in the fifth degree when he knowingly and unlawfully sells, without consideration, one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of two grams or less; or one cigarette containing marihuana.

Criminal sale of marihuana in the fifth degree is a class B misdemeanor.

S 221.40 Criminal sale of marihuana in the fourth degree. A person is guilty of criminal sale of marihuana in the fourth degree when he knowingly and unlawfully sells marihuana except as provided in section 221.35 of this article.

Criminal sale of marihuana in the fourth degree is a class A misdemeanor.

S 221.45 Criminal sale of marihuana in the third degree. A person is guilty of criminal sale of marihuana in the third degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams.

Criminal sale of marihuana in the third degree is a class E felony.

S 221.50 Criminal sale of marihuana in the second degree. A person is guilty of criminal sale of marihuana in the second degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than four ounces, or knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana to a person less than eighteen years of age.

Criminal sale of marihuana in the second degree is a class D felony.

S 221.55 Criminal sale of marihuana in the first degree. A person is guilty of criminal sale of marihuana in the first degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than sixteen ounces.

Criminal sale of marihuana in the first degree is a class C felony.

To learn more about how we can help you in situations relating to drug crimes and marijuana, contact a New York City drug crime attorney from our firm today.