What are the Marijuana Laws in New York?

Though Governor Cuomo recently signed legislation mitigating the penalties for the possession of less than 1 ounce of marijuana, the state of New York will still punish those who break the law. If you are fighting a marijuana-related charge, here are some of the questions you may have regarding your legal options going forward:

What are the penalties for marijuana possession in New York?

If you are caught in possession of marijuana, you may face the following penalties:

  • 28 grams or less: Violation, a $50 fine
  • Between 28 grams and 2 ounces: Violation, a $200 fine
  • More than 2-8 ounces: Misdemeanor, 1 year in jail, a $1,000 fine
  • More than 8 ounces-1 pound: Felony charge, 4 years in jail, a $5,000 fine
  • More than 1-10 pounds: Felony charge, 7 years in jail, a $5,000 fine
  • More than 10 pounds: Felony charge, 15 years in jail, a $15,000 fine

What are the consequences of selling marijuana in New York?

New York still takes the illegal sale of marijuana very seriously, so if you are facing charges of selling marijuana, you must hire an experienced attorney as soon as you can. You may face the following penalties:

  • 2 grams or less without profit or 1 marihuana cigarette: Misdemeanor, 3 months jail time, a $500 fine
  • 25 grams or less: Misdemeanor, 1 year jail time, $1,000 fine
  • More than 25 grams-4 ounces: Felony, 4 years jail time, $5,000 fine
  • More than 4 ounces-1 pound: Felony, 7 years jail time, $5,000 fine
  • More than 1 pound: Felony, 15 years jail time, $15,000 fine
  • Using a child to assist in the sale of marijuana: Felony, 4 years jail time, $5,000 fine
  • Selling marijuana to a minor: Felony, 7 years jail time, $5,000 fine

Trafficking marijuana, on the other hand, is an incredibly serious offense, and you may face anywhere from 15 to 25 years of incarceration, on top of a $100,000 fine. For the cultivation or growing of marijuana, you will face a misdemeanor charge, a $1,000 fine, and up to 1 year in jail. Those facing charges for the possession or distribution of marijuana must contact a knowledgeable criminal defense attorney who will aggressively fight to have their charges mitigated, or, perhaps even dropped altogether, in certain circumstances.

Contact our experienced New York firm

Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.