Possession of marijuana in New York is considered a criminal offense. If you are found guilty of unlawful possession of marijuana, you may face some harsh penalties and/or fines. The severity of the penalty can depend on whether or not the offense was a first-time offense or a subsequent offense. Also, the amount of marijuana in the person’s possession may also determine the penalty assessed.
Degrees of Marijuana Possession
Depending on how much marijuana you possess can determine the degree of the crime. The follow is a list of the degrees and potential charges that can be assessed:
- Possession of marijuana under 2 ounces in a non-public place, as a first offense, can include a penalty of $100.00. A second offense can be punishable with a fine of up to $200.00, and a third offense can hold penalties of a fine up to $250.00 and 15 days in jail.
- Criminal possession in the 5th degree consists of possession of marijuana under 2 ounces in a public place. It is considered a Class B misdemeanor and is punishable by up to 3 months in jail.
- Criminal possession in the 4th degree involves the possession of marijuana of 2 ounces or more, or a mixture containing marijuana, is considered a Class A misdemeanor. It is punishable by up to one year in jail.
- Criminal possession in the 3rd degree is the possession of 8 ounces or more of marijuana or a mixture containing marijuana. This is considered a Class E felony and is punishable by 1-1.5 years in prison. A second-time offense can carry a heavier penalty of up to 2 years in prison
- Criminal possession in the 2nd degree consists of possession of 16 ounces or more of marijuana or a mixture containing marijuana. This is a Class C felony that holds a sentence of up to 2.5 years in prison and second time offenders may have a more serious penalty of up to 4 years in prison.
- Criminal possession in the 1st degree consists of possession of marijuana 10 pounds or greater, or a mixture containing marijuana. This is a Class C felony and is punishable by 1 to 5.5 years in prison. Second time offenders can face up to 8 years in prison.
The penalty for an illegal possession of marijuana charge may also vary if the offense included violence.
If you have been charged with a marijuana drug-related offense, it is important that you consult with an experienced criminal defense attorney who can provide you with the legal defense you need.
Contact The Law Office of Raji S. Zeidan, PC today to schedule a consultation if you are in need of strong legal representation for any of your criminal defense and personal injury matters. We are here to help during your time of need.