NYC Marijuana Possession Lawyers
Marihuana, as listed in the New York Penal Law 221.10, is illegal in the state except for individuals holding a valid red card. A red card is a medical marijuana card issued by a licensed physician in the state. Just as other drug crimes are heavily penalized in New York, so too is marijuana. Anyone found in possession of marijuana may face a slew of consequences if convicted. The larger quantity of marijuana the person possesses and the purpose of possession both affect the outcome of the case. Whether a lawyer is there to represent the case also makes a tremendous difference in the case outcome.
Marijuana Laws in New York
Of the many types of drugs being used today, marijuana is considered the least harmful of all. It’s legal in many states across the U.S., some for medicinal purposes; others for recreational and medicinal purposes. As such, New York recognizes that the drug isn’t as serious as drugs such as cocaine or methamphetamine. As such, the substance is now decriminalized throughout the state. This reduces the number of arrests made for simple marijuana possession. A person in New York may be charged with unlawful possession of marijuana or criminal possession of marijuana. Each charge has entirely different concerns and possibilities.
Understanding New York’s Decriminalization
The substance is now decriminalized throughout the state. This reduces the number of arrests made for simple marijuana possession. A person in New York may be charged with unlawful possession of marijuana or criminal possession of marijuana. Each charge has entirely different concerns and possibilities.
Unlawful vs. Criminal Possession: Key Differences
| Type | Amount | Arrest? | Penalties |
|---|---|---|---|
| Unlawful Possession | 2 ounces or less | NO – Ticket and fine only | $50 fine (under 1 oz) or $100 fine (1-2 oz) |
| Criminal Possession | Over 2 ounces | YES – Arrest possible (officer’s discretion for 2-8 oz) | Misdemeanor or felony depending on amount; jail/prison time + fines |
Medical Marijuana Exception
Marihuana, as listed in the New York Penal Law 221.10, is illegal in the state except for individuals holding a valid red card. A red card is a medical marijuana card issued by a licensed physician in the state.
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(212) 300-5196Unlawful Possession of Marijuana
Unlawful possession of marijuana occurs when an individual is found in possession of a small amount of the drug, deemed to be a ‘personal amount.’ This doesn’t result in an arrest, but instead issuance of a ticket and fine. Anyone found in possession with two ounces or less of marijuana is guilty of unlawful possession of marijuana. Fine for possession under one ounce is $50 while the fine for one-two ounces is $100. Persons found in possession with two ounces or less is not arrested, cited, or otherwise criminally charged.
Unlawful Possession Penalties Breakdown
| Amount | Classification | Penalty | Arrest? |
|---|---|---|---|
| Under 1 ounce | Unlawful possession – personal amount | $50 fine | NO – ticket only |
| 1 to 2 ounces | Unlawful possession – personal amount | $100 fine | NO – ticket only |
IMPORTANT: Persons found in possession with two ounces or less is not arrested, cited, or otherwise criminally charged.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
Criminal Possession Of Marijuana
A person found in possession of two ounces of marijuana or more is considered to be criminal possession of the drug. As a result, police officers have the discretion to arrest the individual and charge them with a misdemeanor crime if they possess 8 ounces of marijuana or less, or issue them a ticket in lieu of an arrest. Convictions for this charge may result in a fine of up to $1,000 and up to one year in jail. Individuals found in possession of 8 ounces to 16 ounces of marijuana is guilty of a felony and may receive a sentence of 1-4 years in prison and a $5,000 fine. Possession of more than 16-ounces of marijuana is felony charges that may result in 1-7 years behind bars.
Federal agents execute a search warrant at your medical practice, seizing patient records and prescription logs.
Can they take patient records without patient consent?
A valid federal search warrant overrides HIPAA privacy protections. However, the warrant must be properly scoped. An attorney can challenge overly broad warrants and move to suppress improperly seized evidence.
This is general information only. Contact us for advice specific to your situation.
Criminal Possession Penalties by Amount
| Amount | Classification | Penalty | Officer Discretion |
|---|---|---|---|
| Over 2 oz to 8 oz | Misdemeanor | Up to $1,000 fine + up to 1 year in jail | Officer may arrest OR issue ticket |
| 8 oz to 16 oz | FELONY | 1-4 years in prison + $5,000 fine | Arrest mandatory |
| Over 16 oz | FELONY | 1-7 years in prison | Arrest mandatory |
Officer Discretion for 2-8 Ounces
A person found in possession of two ounces of marijuana or more is considered to be criminal possession of the drug. As a result, police officers have the discretion to arrest the individual and charge them with a misdemeanor crime if they possess 8 ounces of marijuana or less, or issue them a ticket in lieu of an arrest.
