Bronx Marijuana Possession Lawyer

Understanding Bronx Marijuana Laws

Although there are more states legalizing marijuana for medicinal and recreational purposes, Bronx laws are still in place for marijuana possession. This is a crime that usually isn’t as severe as other drug crimes, but you could still face paying fines and even spend time in jail depending on your criminal history. If you’re charged with marijuana possession, you’re looking at a misdemeanor in most situations as the drug is classified as a Schedule I. The reason behind this is because marijuana has a high tendency to result in abuse and because it has no medical value if you live in the state of New York.

There is usually a limited use for marijuana that is allowed in the state with several dispensaries that are open. However, the dispensaries are only allowed to sell certain items. If you buy anything from one of these dispensaries, then there are regulations that you must follow while using the drug. The laws surrounding the use of marijuana if it’s legally purchased from a dispensary are similar to what you might expect if you were to buy alcohol in a legal manner. You can’t use the drug on the street or in a public area. The best place for you to use the drug is in your home or in the home of someone else as long as you are not driving home while you’re under the influence.

Legal Representation

Since there are dispensaries in the state, Bronx marijuana laws can be somewhat confusing to people who are charged with possession. If you are charged with marijuana possession, then the best option that you would have would be to contact an attorney who can represent you and present evidence about the amount of the drug that you had, where you were using the drug, and whether you had an intent to sell or deliver it to someone else. There are several provisions about marijuana possession that your attorney can discuss with you so that you’re prepared for the information that you’ll hear when you go to court, such as the amount of the fine that you might have to pay and whether you will be sentenced to probation or time in jail. In most situations, you will likely be sentenced to probation as long as you have a clean criminal background.

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Legal Scenario: What Would You Do?

Scenario

You were stopped by NYPD officers in the Bronx after they claimed to smell marijuana coming from your car during a routine traffic stop. They searched your vehicle and found two ounces of marijuana in your backpack on the rear seat, and now you're facing criminal possession charges.

Can the police legally search my car just because they say they smelled marijuana, and what kind of penalties am I looking at for possessing two ounces in the Bronx?

Attorney's Answer

Under New York's Marijuana Regulation and Taxation Act (MRTA), adults 21 and over may legally possess up to three ounces of cannabis, so two ounces alone should not result in criminal charges if you meet the age requirement. However, the legality of the vehicle search is a separate issue — while the odor of marijuana formerly provided probable cause, recent court rulings in New York have begun limiting that justification given legalization. If you are under 21 or the amount exceeded legal limits, you could face charges under New York Penal Law Article 222, with penalties ranging from fines to misdemeanor charges depending on the quantity and circumstances. An experienced Bronx marijuana possession attorney can challenge the legality of the search itself and work to get the charges reduced or dismissed entirely.

This is general information only. Contact us for advice specific to your situation.

Penalties Based on Amount Possessed