New York Marijuana Possession Lawyer – A Helpful Guide
Getting charged with marijuana possession can be scary. But having a good lawyer on your side makes a huge difference. This article will walk you through everything you need to know about marijuana possession charges in New York, and how an experienced lawyer can help.
Marijuana Possession Laws in New York
New York has come a long way in recent years when it comes to marijuana laws. Possession of small amounts of marijuana is no longer a crime – it’s just a violation. Here’s a quick overview of the current laws:
- Having less than 25 grams of marijuana is a violation, not a crime. The maximum penalty is a $100 fine.
- 25-2 ounces of marijuana is a misdemeanor. The maximum penalty is 3 months in jail and a $500 fine.
- 2-8 ounces of marijuana is also a misdemeanor. It has a maximum penalty of 1 year in jail and a $1,000 fine.
- Over 8 ounces of marijuana, or if you have previous marijuana convictions, is a felony. It can lead to over a year in state prison.
One important thing to note – these laws apply to possession only. Selling marijuana is still illegal in New York.
What Happens If You’re Charged
If you’re caught with marijuana, you’ll be arrested and taken to the police station. There, you’ll be fingerprinted, photographed, and held until you can post bail or see a judge. Many people are released within 24 hours.
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(212) 300-5196After your arrest, the prosecutor will decide what charges to file against you based on the amount you had. You’ll get a Desk Appearance Ticket with your charges and a date to come back to criminal court.
Marijuana possession cases move quickly through the court system. Within a few weeks or months you’ll have several court dates where you (or your lawyer) can negotiate with the prosecutor. More serious felony cases take longer to resolve.
Todd Spodek
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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.
Why You Need an Attorney
Trying to navigate the criminal justice system alone can be intimidating. An experienced marijuana possession lawyer levels the playing field. They know how to get charges reduced or dismissed, and avoid jail time. Here are some of the ways a lawyer can help:
You were stopped by NYPD officers during a routine traffic stop in Brooklyn, and they found 2.5 ounces of marijuana in your glove compartment. The officers arrested you and charged you with criminal possession of marijuana, even though you believed the amount was within New York's legal limits.
Can I really be charged with a crime for possessing marijuana in New York now that it's been legalized?
Under the Marijuana Regulation and Taxation Act (MRTA), adults 21 and over can legally possess up to 3 ounces of cannabis and 24 grams of concentrated cannabis in New York. However, possessing more than 3 ounces can still result in criminal charges — for example, possession of more than 16 ounces is a Class E felony under Penal Law § 222.30. In your case, 2.5 ounces falls within the legal limit, which means your attorney could move to have the charges dismissed entirely. An experienced marijuana possession lawyer can also challenge the legality of the search itself, since officers need probable cause or consent to search your vehicle under the Fourth Amendment.
This is general information only. Contact us for advice specific to your situation.
- Negotiate with the prosecutor for a better plea deal
- Get charges reduced from a misdemeanor to a violation
- Avoid a permanent criminal record
- Prevent license suspension or loss of federal aid
- Fight illegal searches that led to your arrest
- Advise you through the process so there’s no surprises
An attorney who specializes in marijuana cases will know all the defenses and strategies to get you the best outcome. They’ll review the evidence, look for problems with the arrest, and negotiate aggressively on your behalf.
