Marijuana Possession Lawyer New York, New York Marijuana Arrest, Criminal Case Charged with Personal Use of Cannabis, Drugs, Attorney New York Laws

Marijuana Possession & Personal Use Penalties & Punishments in the State of New York
Possession	Severity of Crime	Incarceration	Fine
25 g or less (first offense)	civil citation	none	$100
25 g or less (second offense)	civil citation	none	$200
25 g or less (3rd offense)	misdemeanor	5 days and/or fine	$250
25 g to 2 oz*	misdemeanor	3 months	$500
2 to 8 oz	class A misdemeanor	1 year and/or fine	$1,000
8 to 16 oz (first felony)	class E felony	1-4  years if second offense- 3-4 years (mandatory ½ jail sentence)	$5,000
16 oz to 10 lbs (first felony)	class D felony	1 - 15 years if 2nd offense mandatory ½ jail sentence	$5,000
More than 10 lbs (first felony)	class C felony	1 - 15 years if 2nd offense mandatory ½ jail sentence	$5,000
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession (must be dirty paraphernalia)	misdemeanor	1 year	$1,000

 
Possession of 25 grams or less of marijuana is punishable by a fine of $100 for the first offense. For the second offense, the penalty increases to a $200 fine and for subsequent offenses the fine increases to $250 and a maximum of 15 days in jail time may be imposed.  Possession of greater than 25 grams or possession of any amount in public where the marijuana is burning or open to public view, is a class B misdemeanor and is punishable by up to three months in jail and a fine up to $500. For possession of greater than two ounces, the penalty increases to a possible one year in jail and a fine up to $1,000.

 

Possession of Marijuana in New York:

§ 221.05 Unlawful possession of marihuana.


A person is guilty of unlawful possession of marihuana when he knowingly and unlawfully possesses marihuana. Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars. However, where the defendant has previously been convicted of an offense defined in this article or article 220 of this chapter, committed within the three years immediately preceding such violation, it shall be punishable (a) only by a fine of not more than two hundred dollars, if the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both, if the defendant was previously convicted of two such offenses committed during such period.

 

 

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify state marijuana possession laws.