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New York Marijuana Laws
Marijuana Charges |
New York state marijuana laws are relatively progressive, and the state has taken steps to decriminalize portions of the state’s marijuana laws, especially those covering possession of small amounts for personal use. In the year 2002 in New York, however, 57,504 arrests were still made for marijuana-related offenses, according to the Department of Justice. Additionally, it is estimated that the state produces around 90,000 pounds of marijuana yearly, with a street value worth in excess of $747 million dollars. Is medical marijuana legal in New York, though? See below.
Medical Marijuana Users
New York has no medical marijuana laws, although debate is underway with lawmakers in the state over the issue.
Non-Medical Users:
New York considers all marijuana users non-medical. With that being said, users can take some comfort in the fact that the state has decriminalized possession of small amounts of marijuana up to a little less than one ounce.
Penalties for Marijuana Use in New York:
| Possession of 25 grams or less, first offense | Civil infraction | The penalty is a $100 fine |
| Possession of 25 grams or less, second offense | Civil infraction | The penalty is a $100 fine |
| Possession of 25 grams or less, third offense | Misdemeanor | Penalties include up to 5 days of jail time or a $250 fine |
| Possession of 2 to 8 ounces | Class A misdemeanor | Penalties include up to 1 year of jail time or a $1,000 fine |
| Possession of 8 to 16 ounces | Class E Felony | 1-4 years of jail + $5,000 fine for first offense, second offense is 3-4 years of jail with $5,000 fine |
| Possession of 16 ounces to 10 pounds | Class D Felony | 1-15 years in prison + $5,000 fine for first offense, second offense includes mandatory jail time |
| Possession of more than 10 pounds | Class C felony | 1-15 years in prison + $5,000 fine for first offense, second offense includes mandatory jail time |
Penalties for Growing, Selling, and Trafficking Marijuana:
| 2 ounces or less as a gift | Class B misdemeanor | Penalties include up to 3 months of jail time or a $500 fine |
| 24 gram as a sale | Class A misdemeanor | Penalties include up to 1 year of jail time or a $1,000 fine |
| 25 grams to 4 ounces as a sale | Class E felony | 1-4 years of jail + $5,000 fine for first offense, second offense is 3-4 years of jail with $5,000 fine |
| 4 ounces to 16 ounces as a sale | Class D felony | 1-7 years of prison and a $5,000 fine |
| 16 ounces to 10 pounds as a sale | Class C felony | 1-15 years in prison + $5,000 fine for first offense, second offense includes mandatory jail time |
| 10 pounds or more as a sale | Class C felony | 1-15 years in prison + $5,000 fine for first offense, second offense includes mandatory jail time with 6-15 years |
| Selling to minors | Class D Felony | 1-7 years of prison and a $5,000 fine |
Minors Convicted:
Possession of Paraphernalia | Misdemeanor | Penalties include up to 1 year in jail and a $1,000 fine |
Penalties for Driving Under the Influence of Marijuana (DUID)
New York has no DUID or driving under the influence of marijuana laws.
Legal Help with a Marijuana Offense
If you are facing marijuana-related charges in New York, you should immediately consult an experienced marijuana attorney. A marijuana lawyer will be able to protect your rights fully under New York law, and provide you with the best legal options available, be it a plea bargain or even, in certain cases, a dismissal.