POSSESSION
Possessing less than 2 ounces of marijuana in a non-public place is classified as unlawful possession of marijuana (New York State Penal Law § 221.05), a violation which carries a penalty of a fine up to $100. A second offense may be punished by a fine of up to $200. A third offense may be punishable by a fine up to $250 and 15 days in jail.
An arrest for possession of less than 2 ounces of marijuana in a public place is classified as criminal possession of marijuana in the 5th degree (New York State Penal Law § 221.10), a Class B misdemeanor punishable by 3 months in jail.
An arrest for possession of 2 ounces or more of marijuana or a mixture containing marijuana is classified as criminal possession of marijuana in the 4th degree (New York State Penal Law § 221.15), a Class A misdemeanor punishable by one year in jail.
An arrest for possession of 8 ounces or more of marijuana or a mixture containing marijuana is classified as criminal possession of marijuana in the 3rd degree (New York State Penal Law § 221.20), a Class E felony punishable by 1 to 1½ years in prison. Second time offenders may face up to 2 years in prison, and a previous violent offender could face 2½ years.
An arrest for possession of 16 ounces or more of marijuana or a mixture containing marijuana is classified as criminal possession of marijuana in the 2nd degree (New York State Penal Law § 221.25), a Class D felony punishable by 1 to 2½ years in prison. Second time offenders may face up to 4 years in prison, and a previous violent offender could face 4½ years.
An arrest for possession of 10 pounds or more of marijuana or a mixture containing marijuana is classified as criminal possession of marijuana in the 1st degree (New York State Penal Law § 221.30), a Class C felony punishable by 1 to 5½ years in prison. Second time offenders may face up to 8 years in prison, and a previous violent offender could face 9 years.
SALE
An arrest for selling 2 grams or less or one cigarette of marijuana is classified as criminal possession of marijuana in the 5th degree (New York State Penal Law § 221.35), a Class B misdemeanor punishable by 3 months in jail.
An arrest for selling more than 2 grams but less than 25 grams of marijuana is classified as criminal possession of marijuana in the 5th degree (New York State Penal Law § 221.40), a Class A misdemeanor punishable by 1 year in jail.
An arrest for selling 25 mg or more of marijuana or a mixture containing marijuana is classified as criminal possession of marijuana in the 3rd degree (New York State Penal Law § 221.45), a Class E felony punishable by 1 to 1½ years in prison. Second time offenders may face up to 2 years in prison, and a previous violent offender could face 2½ years.
An arrest for selling 4 ounces or more of marijuana or a mixture containing marijuana is classified as criminal sale of a controlled substance in the 2nd degree (New York State Penal Law § 221.50), a Class D felony punishable by 1 to 2½ years in prison. Second time offenders may face up to 4 years in prison, and a previous violent offender could face 4½ years.
An arrest for selling 16 ounces or more of marijuana or a mixture containing marijuana is classified as criminal sale of a controlled substance in the 1st degree (New York State Penal Law § 221.55), a Class C felony punishable by 1 to 5½ years in prison. Second time offenders may face up to 8 years in prison, and a previous violent offender could face 9 years.
Additional Information
Frequently asked Questions about Drug Crimes
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