Defending Against Intent to Sell Marijuana Charges in Queens

Defending Against Intent to Sell Marijuana Charges in Queens

Being charged with intent to sell or distribute marijuana in Queens can lead to serious criminal penalties. However, there are defenses available that an experienced criminal defense attorney can use to fight the charges. This article provides an overview of marijuana laws in New York, typical penalties for intent to sell charges, and strategies to defend against allegations of illegally selling cannabis in Queens.

Marijuana Laws in New York

In New York, possession of small amounts of marijuana has been decriminalized but remains illegal. The penalties depend on the amount:

  • Less than 25 grams – civil violation punishable by a $100 fine (increasing to $200 and $250 for second and third offenses)
  • 25-56 grams (1-2 ounces) – misdemeanor punishable by up to 3 months in jail and a $500 fine
  • More than 56 grams – felony charges punishable by 1-15 years in prison depending on weight

The sale or distribution of any amount of marijuana remains illegal in New York. Charges typically depend on the dollar amount sold over a period of time:

  • $75,000 or more over 1 year – Class A-I felony punishable by 15-25 years in prison
  • $75,000 or more over 6 months – Class B felony punishable by 1-8 years in prison
  • Less than above thresholds – Misdemeanor punishable by up to 1 year in jail

Merely possessing a large quantity of marijuana can also lead to an “intent to sell” charge. Prosecutors may argue that the amount goes beyond personal use and indicates plans to sell or distribute the drug illegally.

Defending Against Intent to Sell Marijuana in Queens

If you have been accused of intending to sell or distribute marijuana in Queens, an experienced criminal defense lawyer can help protect your rights and seek the best possible outcome. Common defenses in these cases include:

Lack of Evidence of Intent

Even if you possessed a significant amount of marijuana, the prosecution must still prove you intended to sell or distribute it. Your attorney can argue there is insufficient evidence to establish intent rather than simple legal possession.

Unlawful Search and Seizure

If the police violated your Fourth Amendment rights by conducting an illegal vehicle search or home search, any evidence found may be inadmissible. An attorney can file a motion to suppress evidence on constitutional grounds.


A valid entrapment defense means police induced you to commit a crime you otherwise would not have. This may apply if an undercover officer pressured you multiple times to sell marijuana.


Eyewitness misidentification is a common contributor to wrongful convictions. If witnesses incorrectly identified you or contradict each other, your attorney can challenge the credibility of the identification.

Negotiating Reduced Charges

Prosecutors frequently reduce charges in exchange for a guilty plea. An attorney may negotiate intent to sell charges down to simple possession charges to avoid harsh penalties.

Finding the Right Lawyer for Your Defense

Facing criminal allegations can be frightening, but the legal team at [Law Firm Name] has the experience, skills, and determination to protect your rights. To schedule a free consultation with a Queens marijuana defense lawyer, call [phone number] or contact us online.

We will conduct our own thorough investigation of your arrest, identify all potential defenses, and build the strongest possible case. Our firm has a proven record of achieving charge dismissals, acquittals at trial, and charge reductions for clients facing drug offenses in Queens and throughout New York.

Do not delay seeking experienced legal representation. The sooner you contact us after an arrest, the sooner we can start formulating your strategic defense.

Why Choose [Law Firm Name] for Your Marijuana Defense?

When your future is at stake, you need more than just any defense lawyer. You need an attorney with an in-depth understanding of New York drug laws and a willingness to aggressively challenge the prosecution’s claims. [Law Firm Name] offers:

  • Decades of experience exclusively practicing criminal defense
  • Proven record of positive case results for drug charges
  • Reputation for aggressive and strategic defense in court
  • Commitment to personalized attention and communication
  • Flexible payment options

We fight for our clients with passion and determination. Contact us 24/7 for a free case review and learn more about how we can help you fight marijuana distribution or intent to sell charges.