New York Penal Code 221.50: Criminal sale of marijuana in the second degree

New York Penal Code 221.50: Criminal sale of marijuana in the second degree

New York City residents must abide by strict drug laws in order to avoid trouble with the law. While marijuana is a popular drug, it is still illegal to possess or sell it. The following is an overview of New York penal code 221.50, the criminal sale of marijuana in the second degree. If you have been charged with this crime, or fear you will be charged in the near future the time to act is now. Speak to a NYC criminal defense attorney today for advice and possible defense strategies that may help you obtain the best possible outcome in court.


New York law desbribes the violation of penal code 221.50 as follows:

  • Selling Between 4 And 16 Ounces Of Marijuana To Another Person
  • Selling Any Amount Of Marijuana To Someone Under The Age Of 18

When it comes to the type of marijuana that is included in this statute, the law states all of the following are in violation of the law, as long as they contain any amount of marijuana:

  • Compounds
  • Mixtures
  • Preparations
  • Substances

New York takes a broad stance on what it means to sell drugs. Many people are convicted of this type of crime even when they did not accept cash in exchange for marijuana. Merely making an offer to sell marijuana to anyone is enough to be arrested and charged with this crime in New York City.


According to New York law, violating penal code 221.50 is a Class D felony. The punishment that may be imposed upon those who are convicted include:

  • Up To 7 Years In Prison
  • Probation After Prison Release As Ordered By The Court
  • Fines As Determined By The Criminal Court

Being convicted of a felony can also negatively impact your life in many ways. Because a felony charge and conviction shows up on routine background checks, you may find it difficult to get a job or rent a house.

Possible Defenses

If you are facing a felony drug charge such as this one, it is of the utmost importance to hire a criminal defense attorney who has experience defending those charged with drug related offenses. Some things your defense attorney may do to defend you are:

  • Hire Investigators
  • Prove In Court You Sold Under 4 Ounces Of Marijuana
  • Prove Entrapment If A Police Officer Broke Policy During The Drug Buy

Your attorney may also recommended more lenient sentencing or offer alternative sentencing in exchange for little or no jail time. When making these decisions, the court looks at the character of the defendant and their prior criminal history. People who have never been charged or convicted of drug related or violent crimes typically have the best possible outcome.

If you are facing this type of drug related charge, contact a criminal defense attorney today. After a consultation, your attorney will let you know the best way to defend against these charges in court. Being charged with any drug related offense is stressful and you are probably uneasy about what the future holds. Having an experienced criminal defense attorney on your side is the best way to obtain a favorable outcome that does not include extensive prison time or long periods of probation.

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