In a period where medical and recreational marijuana drug laws are shifting toward legalization in more and more states, it can be difficult to keep track of what the varying laws are in each individual state. In New York State marijuana is still classified as a Schedule 1 substance. A Schedule 1 hallucinogenic substance is considered to have no commonly accepted medical value and a high potential for abuse, the possession, and sale of which is prohibited by state laws.
So what exactly are the basic marijuana law provisions and penalties in New York State?
Possession
The laws and penalties for marijuana possession depend on the amount of marijuana a person is in possession of as well as previous possession offenses. The table below breaks down penalties based on these parameters.
| Amount | Violation History | Penalty |
| 25 grams or less | First Offense | Civil Violation with a fine of $100 |
| Second Offense* | Civil Violation with a fine of $200 | |
| Third Offense* | Civil Violation with a fine of $250 and/or 15 days or less jail time | |
| 25 grams – 2 oz. | First/Second Offense | Class B Misdemeanor with fines up to $500 and up to 3 months jail time |
| 2 ounces – 8 oz. | First/Second Offense | Class A Misdemeanor with fines up to $1,000 and up to 1 year jail time |
| 8 oz. – 16 oz. | First Offense | Class E Felony with fines up to $5,000 and up to 4 years jail time |
| Second Offense | Same penalties as a First time offender with mandatory jail time | |
| 16 oz. – 10 lb. | First Offense | Class D Felony with fines up to $5,000 and up to 7 years jail time |
| Second Offense | Same penalties as a First time offender with mandatory jail time | |
| 10 lb. or greater | First Offense | Class D Felony with fines up to $15,000 and up to 15 years jail time |
| Second Offense | Same penalties as a First time offender with mandatory jail time |
*Within three years of the first offense
Sale
Similar to that of marijuana possession, the penalties for selling marijuana depend on the amount of marijuana sold, payment, and the age of the person being sold the marijuana. The table below breaks down the consequences of selling marijuana based on these criteria.
| Amount | Penalty |
| 2 grams or less without payment | Class B Misdemeanor with fines up to $500 and up to 3 months jail time |
| 24 grams or less | Class A Misdemeanor with fines up to $1,000 and up to 1 year jail time |
| 25 grams – 4 ounces | Class E Felony with fines up to $5,000 and up to 4 years jail time |
| 4 ounces – 16 ounces | Class D Felony with fines up to $5,000 and up to 7 years jail time |
| 16 ounces or greater | Class C Felony with fines up to $15,000 and up to 15 years jail time |
| Any amount to a minor | Class D Felony with fines up to $5,000 and up to 7 years jail time |
| Use of a child to aid in sale | Class E Felony with fines up to $5,000 and up to 4 years jail time |
Trafficking
There are several ways in which a person can be considered to be trafficking marijuana. Involvement in any of the following activities can lead to a trafficking charge:
- Direct an organization or group which sells at least $75,000 of marijuana sales in 1 year or less
- Receive at least $75,000 from marijuana sales in 6 months or less
- Possess with the intent to sell of at least $75,000 from marijuana sales in 6 months or less
Conviction of trafficking due to these activities is a class A-1 Felony and can lead to a fine of up to $100,000 and 15-25 years of jail time.
Other offenses related to marijuana include cultivation related charges, possession and sale of hash and concentrates, and possession and sale of paraphernalia. The New York State drug laws are extensive and complicated. Variations in drug amounts or past charges can lead to a variety of different misdemeanor or felony charges, fine amounts, and jail time. In addition to all the variations and specifics that apply to the possession, sale and distribution of marijuana, or any drug, in New York State there is also the possibility of federal drug charges which can carry significant federal prison sentences. Although federal investigations tend to focus on the possession or distribution of significant amounts of illegal drugs there is always the possibility of federal involvement in any drug case.
Navigating these complex laws can be a daunting task. It is crucial that, faced with a drug related charge, you retain the help of an experienced lawyer. Team Green lawyers has over 40 years of combined experience resolving criminal cases. Team Green lawyers provides an entire legal team to understand the facts of your case, answer your questions related to drug charges, and work with you to get the best resolution possible. At Cambareri & Brenneck we understand the value of getting to know our clients and we are invested in what is truly important: protecting your future.
http://statelaws.findlaw.com/new-york-law/new-york-marijuana-laws.html
