new york penal code 221 25 criminal possession of marihuana in t

New York State recently changed its laws regarding the possession of marijuana. Previously, under Penal Code 221.25, possession of even small amounts of marijuana was a criminal offense. But with new legislation that went into effect in 2021, things have changed quite a bit!

This article will break down the old 221.25 law, what criminal possession meant, the penalties, and the defenses that applied. We’ll also talk about the new laws that replaced 221.25 and legalized possession of limited amounts of weed. There’s also info on getting prior marijuana convictions expunged under the new rules.

What Did NY Penal Code 221.25 Prohibit?

Under the old law, 221.25 specifically made it a crime to possess marijuana in the second degree. That meant possessing between 8 ounces and 16 ounces of pot or concentrated forms like hashish or wax. First degree possession was over 16 ounces and fourth degree was under 8 ounces.

Simply having weed on you, even if it wasn’t yours or you didn’t know it was there, was enough to be charged. The law didn’t require intent, just knowing possession.

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Legal Scenario: What Would You Do?

Scenario

You were stopped by NYPD officers in Manhattan who found a bag containing approximately two ounces of marijuana in your backpack during a subway bag check. The officers told you that you're being charged under Penal Code 221.25 for criminal possession of marihuana in the fourth degree, but you thought marijuana was legal now in New York.

Can I still be charged under the old Penal Code 221.25 for possessing marijuana, or did the 2021 legalization law protect me?

Attorney's Answer

Under the Marijuana Regulation and Taxation Act (MRTA), which took effect on March 31, 2021, adults 21 and older in New York can legally possess up to three ounces of cannabis for personal use. The old Penal Code 221.25, which classified possession of certain amounts as a class A misdemeanor carrying up to one year in jail, has been effectively superseded by this new legislation. If you were carrying two ounces and are over 21, the charge under 221.25 should not stand, and your attorney can move to have it dismissed based on the current legal framework. However, if there are aggravating factors such as possession near a school zone or evidence of unlicensed distribution, additional charges under the updated cannabis laws could still apply, so it is critical to have experienced legal counsel review the specific facts of your case.

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

What Were the Penalties Under 221.25?

Criminal possession of marijuana in the second degree was a class D felony. That meant:

• Up to 2.5 years in prison
• Up to $5,000 in fines
• Permanent criminal record