Last Updated on: 3rd August 2023, 01:45 am

Possession of Marijuana in New York
If an individual has less than two ounces of marijuana in a non-public area it is considered unlawful possession of marijuana, according to New York Penal Code 221.05. If you are found guilty of unlawful possession of marijuana, you will be required to pay a maximum fine of $1,000. In addition, a second charge could result in a fine up to $200, and a third offense could result in a 15 day jail sentence and a fine up to $250. Those who have been arrested for possession of marijuana should contact an experienced attorney serving the Bronx area.

When an individual is arrested for less than two ounces of the substance in a public place, he or she will be charged with fifth degree criminal possession of marijuana, according to New York Penal Code 221.10. Those convicted of a class B misdemeanor could face up to three months in jail.

Those found with more than two ounces of marijuana will be charged with fourth degree criminal possession of marijuana as stated in New York Penal Code 221.15. This offense is a class A misdemeanor that can result in a one year jail sentence.

Individuals who are in possession of eight ounces or more will be charged with third degree criminal possession of marijuana as stated in New York Penal Code 221.20, which is a class E felony. First time offenders could face up to 1½ years in prison, and those who are second time offenders could face two years in prison. In addition, if an individual is convicted of third degree criminal possession of marijuana and is also a violent offender, he or she could face a prison sentence up to 2½ years.

According to New York Penal Code 221.25, those found with at least 16 ounces of the substance will be charged with second degree criminal possession of marijuana. This is a class D felony, and first time offenders could face up to 2½ years in prison. Those convicted of this offense for a second time could face up to four years in prison, and those with violent criminal convictions could face 4½ years in prison.

Those who are arrested with 10 pounds or more of the substance will be charged with first degree criminal possession of marijuana as stated in New York Penal Code 221.30. This offense is a class C felony and can lead to 5½ years in prison. Those facing a second conviction could face up to eight years in prison, and those who are violent offenders could receive a nine year prison sentence.

Sale of Marijuana
If an individual is found selling less than two grams of marijuana, he or she will be charged with fifth degree criminal possession of marijuana, which is a class B misdemeanor, according to New York Penal Code 221.35. This offense is punishable by a jail sentence up to three months.

Those who are fond selling more than two grams but less than 25 grams will be charge with fifth degree criminal possession of marijuana as stated in New York Penal Code 221.40. This offense is a class A misdemeanor and punishable by a one year jail sentence.

Those arrested for selling more than 25 grams of marijuana will be charged with third degree criminal possession of marijuana. According to New York Penal Code 221.45, this offense is a class E felony and could result in a 1½ year prison sentence.

If an individual is arrested for selling more than four ounces of marijuana, it is considered second degree criminal sale of a controlled substance. Those convicted of this offense, which is a class D felony, could be sentenced up to 2½ years in prison. Those who are second time offenders will face a four year prison sentence, and those with a violent criminal past could face a 4½ year prison sentence.

Those who are accused of selling more than 16 ounces of the substance will be charged with first degree criminal sale of a controlled substance, which is a class C felony and punishable by a prison sentence up to 5½ years. Second time offenders could receive a prison sentence up to eight years, and those who are violent offenders could be sentenced up to nine years.