Last Updated on: 17th October 2023, 10:57 pm

Brooklyn Marijuana Possession & Trafficking Lawyers

Getting busted with weed in Brooklyn can be scary. Marijuana laws here are complex, and the penalties are harsh. But having an experienced lawyer on your side makes all the difference.

This article breaks down everything you need to know about marijuana possession and trafficking charges in Brooklyn. We’ll discuss the specific laws, typical penalties, and potential defenses. And we’ll do it in plain English, not scary legalese.

Marijuana Possession Laws in Brooklyn

First, let’s cover the basics on possession. It’s illegal in New York to possess marijuana unless you have a medical marijuana card. Possession includes having weed on you, at home, in your car, or anywhere else.

Penalties for marijuana possession depend on a few factors:

• Your criminal record – first offenses are treated less harshly than repeat offenses
• Where you’re caught – some locations lead to harsher charges
• The amount of marijuana – larger amounts mean bigger charges

Criminal Possession of Marijuana in the 5th Degree

This is the lowest level marijuana possession charge in New York. It applies when you’re caught with:

• Less than 25 grams of pot (about 1 ounce)
• Smoking in public

5th degree criminal possession is a class B misdemeanor. The maximum punishment is a $500 fine and up to 3 months in jail .

Criminal Possession of Marijuana in the 4th Degree

This charge is one step up from a 5th degree possession charge. It covers possession of:

• Between 25 grams and 2 ounces of marijuana
• 1 – 4 ounces if previously convicted of 5th degree possession

4th degree criminal possession is a class A misdemeanor. This carries up to 1 year in jail and a fine of up to $1,000 .

Criminal Possession of Marijuana in the 3rd Degree

Now we’re getting into the more serious felony-level charges:

• 4 – 8 ounces of pot
• 1 – 2 ounces if previously convicted of 4th degree possession

3rd degree possession is a class E felony. It’s punishable by up to 4 years in prison and a fine up to $5,000 .

Criminal Possession of Marijuana in the 2nd Degree

This charge is for larger amounts of marijuana:

• 8 – 16 ounces
• 2 – 4 ounces if previously convicted of 3rd degree possession

2nd degree criminal possession is a class D felony. It carries up to 7 years in prison and a maximum $5,000 fine .

Criminal Possession of Marijuana in the 1st Degree

This is the most serious marijuana possession charge in New York:

• Over 16 ounces (1 pound)
• 4 – 8 ounces if previously convicted of 2nd degree possession

1st degree criminal possession is a class C felony. It has a maximum 15 year prison sentence and up to $15,000 in fines .

Marijuana Trafficking Charges

Selling weed in Brooklyn can also lead to trafficking charges. These are more serious than possession and include:

• Criminal sale of marijuana
• Possession with intent to sell

Penalties vary based on the amount sold or possessed:

• 25 grams or less is a class B misdemeanor
• 25 grams – 4 ounces is a class A misdemeanor
• 4 ounces – 16 ounces is a class D felony
• 16 ounces – 10 pounds is a class C felony
• Over 10 pounds is a class B felony

The harshest marijuana trafficking charges under New York law can lead to up to 25 years in prison .

Defenses Against Marijuana Charges

Even when the evidence seems stacked against you, there are defenses a skilled lawyer can use to fight marijuana possession or trafficking charges. Some common defenses include:

• Illegal search – if police didn’t have probable cause or a warrant, evidence may be excluded
• Misidentified substance – the substance may not actually be marijuana
• Lack of knowledge – you didn’t know the drugs were there
• Entrapment – you were illegally coerced into committing the crime

An experienced marijuana crimes lawyer knows how to analyze the facts in your case to craft the strongest defense strategy possible.

Finding the Right Marijuana Defense Lawyer in Brooklyn

As you can see, marijuana charges in Brooklyn are complicated, with lots of nuances. Working with a lawyer who understands these nuances is critical.

Look for an attorney with specific experience handling marijuana cases in Brooklyn courts. They’ll know the judges, prosecutors, and processes that could impact your case. Local experience matters!

Also consider lawyers who are members of marijuana law organizations like the National Organization for the Reform of Marijuana Laws (NORML). This demonstrates a true commitment to defending marijuana cases.

And don’t just pick the first lawyer you find online. Compare experience levels and client reviews. Make sure to ask about case results they’ve achieved for past marijuana clients.

With an experienced Brooklyn marijuana lawyer on your side, you can rest assured your case is in good hands. Don’t leave your fate to chance – get the strong legal defense you deserve.

References

New York Consolidated Laws, Penal Law – PEN § 221.10 | FindLaw

New York Consolidated Laws, Penal Law – PEN § 221.15 | FindLaw

New York Consolidated Laws, Penal Law – PEN § 221.20 | FindLaw

New York Consolidated Laws, Penal Law – PEN § 221.25 | FindLaw

New York Consolidated Laws, Penal Law – PEN § 221.30 | FindLaw

New York Consolidated Laws, Penal Law – PEN § 221.55 | FindLaw