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NYC Marijuana Possession & Trafficking Lawyers

Marijuana Possession and Trafficking Lawyers: Understanding the Consequences and Defense Strategies

Drug charges are always serious regardless of the type of drug being used as evidence in the prosecution. While marijuana is being slowly legalized to a certain degree across the United States, the truth is that federal laws making marijuana a banned substance are not being adjusted. Even though Congress has not bothered to follow suit regarding national marijuana allowance and ultimate control, the Department of Justice has still largely taken a position that the states can implement the new products into their economies without national legal intervention for the time being. However, selling and transporting marijuana in states where medical or recreational marijuana is not authorized is still completely against the law on both levels, and sales without a valid state license are still illegal in authorized states. In addition, most states only allow authorized growers to produce marijuana in designated locations, meaning that growing unauthorized marijuana is also still illegal even in the allowed states.

What this means is that many people who attempt to skirt the law are still arrested and charged when found in violation of marijuana laws. This is especially true in New York, and defending charges successfully always takes an aggressive New York City criminal defense attorney handling your case.

Simple Possession

Charges for minimal marijuana possession are relatively low in the New York state court system. The threshold for possession is set at 25 grams, with anyone being convicted for a first offense being fined $100. The fine increases to $200 for a second and $250 for a third conviction under 25 grams with the potential for 15 days in jail as well for the latter. This level of possession is not even classified as a misdemeanor. The criminal classification begins when a charge for possession of an amount over 25 grams to two ounces occurs. Possession of amounts between two and eight ounces is still processed as misdemeanors, but the fines are increased significantly, and they can carry an extended jail term as well. These sentences are incarceration up to three months for between 25 grams to two ounces, along with one year between two and eight ounces. In addition, fines can increase to $500 and $1000, respectively. Even though these crimes are prosecuted as misdemeanors, they are still considered drug crimes and can impact eligibility for certain government programs and employment possibilities. And, charges for possession of more than eight ounces are prosecuted as felonies with a maximum sentence of one year in a state facility. Having an experienced New York City criminal defense lawyer means all evidence brought in the charge can be evaluated for admissible status and potentially be dismissed or result in a reduced charge.

Sales and Trafficking Charges

Sales of marijuana in small amounts are not always prosecuted as a felony, but the penalties for a conviction of selling even a minimal amount can still produce a $500-$1000 fine depending on the amount sold. The sale of less than 2 grams can result in 90 days in jail, with a selling conviction for amounts between 2-25 grams carrying up to one year of incarceration. Felony charges begin for sales of over 25 grams, which is generally just under one ounce. Convictions for selling 25 grams to four ounces can result in sentences of four years incarceration, with amounts between four ounces and one pound carrying a potential for seven years. Both charge levels can also result in a maximum fine of $5000. Felony trafficking charges apply when being charged with the sale of over one pound, and a conviction can carry a minimum jail sentence of 15 years incarceration up to a 25-year maximum. In addition, fines can range from $5000 up to $100,000 when trafficking in copious amounts of marijuana.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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It is clear that a marijuana conviction of any level can create a significant hardship on defendants and their families, and fighting any charges can be an investment in your personal future. Evidence used as a basis for charges can always be questioned by a New York City criminal defense lawyer, including evaluating the method in which the marijuana was seized. Search and seizure is a very contentious contemporary issue in New York, and it takes solid representation to have all evidence evaluated properly for a potential case dismissal or plea arrangement.

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