How Much Jail Time Do I Face for Marijuana Charges in New York City?

How Much Jail Time Do I Face for Marijuana Charges in New York City?

Getting arrested for marijuana can be an incredibly stressful and scary experience. As laws around cannabis continue to evolve, the penalties in New York City attempt to strike a balance between discouraging use while avoiding overly harsh punishments. However, marijuana is still illegal in New York, and being charged can result in fines, probation, or even jail time.

Possession of Small Amounts of Marijuana

New York City has decriminalized personal use and possession of small amounts of marijuana. Specifically, possession of 25 grams or less is a civil violation punishable by a maximum fine of $100 for first-time offenders. Getting caught with a small amount probably won’t lead to jail time, but it can still negatively impact housing, schooling, employment and immigration status.

Repeat offenders may face criminal charges and stricter penalties like community service, probation and completion of a drug treatment program. But generally, carrying a small amount for personal use does not lead to jail time in NYC.

Smoking Marijuana in Public

Smoking marijuana in public spaces is still a criminal misdemeanor in New York, with penalties of up to 3 months in jail and fines up to $500. Public spaces include parks, sidewalks, restaurants, bars, subways, apartment building common areas, hotels, etc.

Simply having a lit joint visible to the public can constitute a public smoking violation. So being discreet is important to avoid this charge. While unusual, the maximum 3 month sentence could apply to those caught smoking in public repeatedly.

Possessing Larger Amounts

Possessing between 25 grams and 8 ounces of marijuana may constitute a misdemeanor under New York law. Penalties can include up to 1 year in jail and maximum fines of $1,000. Possessing over 8 ounces moves into felony territory, with potential state prison time between 1-2 years.

The district attorney typically determines charges based on the amount you’re carrying. And for larger amounts near the legal cutoff points, getting an experienced criminal defense lawyer can be crucial to avoiding harsher felony-level sentences.

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Selling Marijuana

Selling any amount of marijuana remains illegal in New York. Anyone caught selling or intending to sell cannabis faces felony charges. At minimum this means 1-2 years in state prison and hefty fines up to $5,000. Harsher sentences of up to 15 years may apply depending on the amount sold and your criminal history.

Even gifting marijuana in exchange for a “donation” can be treated as a sale under the law. So non-licensed distribution of any kind is a serious felony charge in NYC.

Additional Penalties

Marijuana convictions can negatively impact your life even beyond jail sentences and fines. Under New York law, you may face:

• Suspension or total loss of a driver’s license
• Loss of rights to purchase a firearm
• Difficulty finding housing and employment
• Deportation issues for non-citizens
• Loss of student financial aid

These consequences underscore the importance of working with an experienced NYC marijuana defense lawyer to mitigate penalties and protect your rights.

Getting Your Charges Dismissed

In some cases, your marijuana charges can be reduced or even dismissed. An attorney may negotiate with the judge and district attorney to get first-time offenses cleared through a diversion program. These programs can seal your criminal record, protecting your future ambitions in housing, schooling and employment.

Working with a NYC Marijuana Defense Lawyer

If you face marijuana possession, smoking or selling charges in New York City, working with a criminal defense lawyer can be crucial for avoiding harsh penalties. An experienced attorney understands the complexities around evolving cannabis laws. They can devise an effective defense strategy negotiating reduced charges or alternative sentencing programs. This protects your rights and mitigates the lifelong impact a drug conviction can produce.

Defense lawyers also know the players in the legal system, having existing relationships with judges, prosecutors and police. This can greatly help in getting favorable outcomes from otherwise serious marijuana charges. So don’t delay in seeking experienced legal representation if you face cannabis charges in New York City.

Resources

For more information on New York City marijuana laws and potential defenses to charges, check out the following additional resources:

How New York Is Handling Marijuana Cases Amid Legalization Debate – New York Times overview of current NYC marijuana enforcement

Marijuana Decriminalization and Depenalization in New York City – NYPD presentation on cannabis penalty reforms

Will New York Legalize Recreational Marijuana in 2023? – Hoban Law Group analysis of potential NY legalization