Last Updated on: 15th October 2023, 07:49 am

Westchester Marijuana Possession Lawyer

Getting busted with weed in Westchester County can be scary. Even tho New York legalized recreational marijuana, possession is still illegal in some cases. This article explains the law and what to do if you get charged. I’m not a lawyer but I researched this stuff online and talked to some lawyers about it.

New York Marijuana Law

In March 2021, New York legalized recreational marijuana for adults 21 and older. But there’s still a bunch of complicated laws about possessing and using weed:

• It’s legal for adults 21+ to possess up to 3 ounces of marijuana and 24 grams of concentrated cannabis (like oils and edibles).
• It’s legal to smoke weed pretty much anywhere you can smoke tobacco. But there’s exceptions like schools, workplaces, cars, etc.
• Growing weed at home is allowed but only up to 6 plants per adult and 12 total per household.
• Selling weed without a license is still illegal.
• Driving while high is illegal just like driving drunk.

So even tho weed is legal, you can still get in trouble if you have too much, use it in the wrong place, grow too many plants, drive high, or sell it illegally. The penalties depend on the situation:

• Having more than 3 ounces but less than 8 ounces is a violation with a fine up to $200.
• Having 8 ounces to 16 ounces is a misdemeanor with up to 1 year in jail and a $1,000 fine.
• More than 16 ounces is a felony with 1-2 years in prison.
• Smoking in prohibited public places is a violation with a $25 fine.
• Growing too many plants is a violation with a $125 fine per extra plant.
• Selling weed without a license is a misdemeanor with up to 1 year in jail and a $1,000 fine.
• Driving while ability impaired by marijuana is a misdemeanor with up to 1 year in jail and a $1,000 fine.

What To Do If You Get Busted

If you get caught with weed in Westchester, here’s some tips:

• Be polite and cooperate with the police. Don’t resist arrest or get into an argument.
• Don’t answer questions or make any statements about the situation. You have the right to remain silent!
• Ask to speak with a lawyer immediately. Don’t talk to the cops without your lawyer.
• Hire a good criminal defense lawyer as soon as possible. Look for someone experienced with weed cases.
• Listen to your lawyer’s advice about how to proceed. They know the system and your options.
• Consider drug treatment or counseling. It can help get charges reduced or dropped.
• Dress nice for court and be on your best behavior. Judges notice that stuff.
• If convicted, ask your lawyer about getting the record sealed so it doesn’t impact jobs, etc.

Having a good lawyer makes a huge difference in how marijuana charges turn out. A lawyer can often get the charges reduced or even dismissed. Let’s look at some typical scenarios:

Under Age Possession

It’s illegal for anyone under 21 to possess marijuana. Typical penalties are:

• 1st offense – $50-100 fine and drug education program
• 2nd offense – $100-200 fine and drug counseling
• 3rd offense – $500 fine and community service

With a good lawyer, underage possession charges can often be reduced to a non-criminal violation or dismissed completely. The key is getting the person into a drug education or counseling program. Judges care more about that than fines or community service.

Small Amount for Personal Use

If you’re over 21 and caught with a small amount of weed (under 3 ounces) for personal use, it’s usually considered a minor offense. Typical penalties are:

• 1st offense – $100-200 fine
• 2nd offense – $200-300 fine
• 3rd offense – $500 fine and/or 15 days jail

For a 1st or 2nd offense, a lawyer can often get the charges dismissed completely through a conditional discharge or adjournment in contemplation of dismissal (ACD). These leave you with no criminal record if you stay out of trouble for 6-12 months. Community service may also be required.

Large Amount or Selling

If you’re caught with a large amount of weed (over 8 ounces) or selling/dealing, you’re looking at misdemeanor or felony charges. Possible penalties include:

• Jail time – 1-2 years for misdemeanors, up to 7 years for felonies
• Fines – $1,000-$5,000 plus asset forfeiture
• Probation – 1-5 years

Your lawyer’s main job here is negotiating with the prosecutor to get the charges reduced. For example, pleading to a misdemeanor instead of a felony. You’ll probably have to complete a treatment program too. The goal is to avoid jail time and asset forfeiture.

Driving Under Influence

Marijuana DUIs are serious business. Penalties include:

• Jail – up to 1 year
• License suspension – 6 months minimum
• Fines – $500-$1,000
• Alcohol evaluation and treatment
• Ignition interlock device installed in car

Pleading down to a non-criminal DWAI (driving while ability impaired) is often possible with an experienced lawyer. The key is convincing the prosecutor you weren’t actually impaired despite having THC in your system. Completing a treatment program also helps.

Finding a Good Lawyer

If you or someone you care about gets busted with marijuana in Westchester, finding the right lawyer is crucial. Here’s tips for choosing a good one:

• Look for a lawyer experienced specifically with marijuana cases.
• Find someone familiar with local cops and courts.
• Consider a former prosecutor who knows how the system works.
• Read online reviews and talk to people the lawyer has helped.
• Meet with the lawyer in person to discuss strategy.
• Make sure you feel comfortable and can trust them.
• Compare costs but don’t just choose the cheapest.

A good marijuana lawyer knows the complex laws, has relationships with prosecutors and judges, and understands how to build the strongest defense. This gives you the best chance at a positive outcome whether it’s getting the charges dropped, reduced, or dismissed.

Dealing with marijuana charges is stressful. But with an experienced Westchester cannabis lawyer on your side, you can get through it and move on with your life.