Nassau County Marijuana Possession Defense Lawyer

Getting arrested for marijuana possession can be scary. Even a minor charge can have huge consequences that follow you for life. But having an experienced Nassau County marijuana defense lawyer on your side can make all the difference.

This guide will walk you through everything you need to know about marijuana possession charges in Nassau County, NY. We’ll cover the specific laws, typical penalties, and most importantly – your defense options. My goal is to empower you with knowledge so you can make the best decisions if you’re facing charges.

Marijuana Possession Laws in Nassau County

In New York, marijuana possession is illegal – both recreational and medical use. The main laws that apply are:

• Unlawful Possession of Marijuana (Penal Law 221.05) – Class B misdemeanor for possessing marijuana in a public place. Up to 3 months in jail.
• Criminal Possession of Marijuana in the 5th Degree (Penal Law 221.10) – Class B misdemeanor for possessing marijuana in a non-public place. Up to 3 months in jail.
• Criminal Possession of Marijuana in the 4th Degree (Penal Law 221.15) – Class A misdemeanor for possessing over 2 oz but less than 8 oz of marijuana. Up to 1 year in jail.
• Criminal Possession of Marijuana in the 3rd Degree (Penal Law 221.20) – Class E felony for possessing over 8 oz but less than 16 oz of marijuana. Up to 4 years in prison.
• Criminal Possession of Marijuana in the 2nd Degree (Penal Law 221.25) – Class D felony for possessing over 16 oz but less than 10 lbs of marijuana. Up to 7 years in prison.
• Criminal Possession of Marijuana in the 1st Degree (Penal Law 221.30) – Class C felony for possessing over 10 lbs of marijuana. Up to 15 years in prison.

As you can see, the penalties get harsher as the amount of marijuana increases. Even small amounts can lead to big consequences.

Typical Penalties for Marijuana Possession in Nassau County

If you’re convicted of marijuana possession in Nassau County, here are some typical penalties you may face:

• Jail time – Length depends on the degree of the charge. Misdemeanors up to 1 year. Felonies up to 15 years.
• Fines – Up to $5,000 for a misdemeanor, up to $15,000 for a felony.
• Probation – Length varies, but often 1-3 years of supervised probation.
• Community service – Often 40-100 hours required.
• Driver’s license suspension – 6 months for misdemeanor, 1 year or more for felony.
• Drug/alcohol evaluation – Mandatory evaluation, plus any required counseling or treatment.
• Permanent criminal record – Conviction remains on your record forever.

These penalties can disrupt your life and limit your future opportunities. That’s why fighting the charges is so important.

DEFENSE TEAM SPOTLIGHT

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.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Marijuana Possession Defenses in Nassau County

The good news is that skilled Nassau County marijuana defense lawyers have access to several legal defenses that can get charges reduced or dismissed. Here are some of the most effective strategies:

Legal Scenario: What Would You Do?

Scenario

You were pulled over for a broken taillight in Nassau County and the officer spotted a small bag of marijuana in your center console. You were charged with Criminal Possession of Marijuana in the Fifth Degree and are worried about getting a permanent criminal record.

Can I avoid a criminal conviction for this small amount of marijuana in Nassau County?

Attorney's Answer

Under New York Penal Law § 221.10, Criminal Possession of Marijuana in the Fifth Degree is a Class B misdemeanor, but recent reforms under the Marijuana Regulation and Taxation Act (MRTA) have significantly changed how these cases are handled. For possession of small amounts, we can often pursue an adjournment in contemplation of dismissal (ACD) under CPL § 170.56, which means the charge is sealed and dismissed after a set period. We may also challenge the traffic stop itself — if the officer lacked reasonable suspicion or the search violated your Fourth Amendment rights, the evidence could be suppressed entirely. With an experienced Nassau County defense attorney advocating for you, there is a strong chance of keeping this off your record permanently.

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

Illegal Search and Seizure

If police did not have probable cause or a warrant to search you, your car, or your home, any evidence found may be suppressed. This could get the whole case dismissed.

Invalid Field Sobriety Tests