new york penal code 221 30 criminal possession of marihuana in t

New York Penal Law 221.30 is a felony charge for criminal possession of marijuana in the first degree. This law makes it illegal to possess large amounts of marijuana, over 10 pounds. Let’s break down what you need to know about 221.30 and the consequences if convicted.

The Law

Under 221.30, it’s a felony to “knowingly and unlawfully possess one or more preparations, compounds, mixtures or substances containing marijuana and said preparations, compounds, mixtures or substances are of an aggregate weight of more than ten pounds.”

So in plain English, if you have more than 10 pounds of marijuana, you can be charged with a felony. It doesn’t matter if it’s smokable marijuana flowers, oils, edibles or anything else – the total weight of all marijuana products is what matters.

This law targets large-scale marijuana operations like illegal grow houses or smuggling operations. Personal use of marijuana is usually a misdemeanor under different sections of the penal code.

Penalties

Criminal possession of marijuana in the first degree is a Class C felony. If convicted, you face:

• 1 to 15 years in prison
• Fines up to $15,000

The judge has discretion in sentencing based on the specific circumstances of your case. Prior criminal history will also impact the sentence if convicted.

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Defenses

There are several legal defenses that could fight a 221.30 marijuana possession charge:

Legal Scenario: What Would You Do?

Scenario

You were pulled over on the New York State Thruway and police discovered 12 pounds of marijuana in your trunk during a search. You've now been charged under New York Penal Law 221.30 with criminal possession of marijuana in the first degree, a Class C felony.

What kind of sentence am I facing for possessing over 10 pounds of marijuana, and is there any way to get this charge reduced?

Attorney's Answer

Under New York Penal Law 221.30, criminal possession of marijuana in the first degree is a Class C felony carrying a potential sentence of up to 15 years in prison. However, the legality of the traffic stop and subsequent search is often the most critical issue in these cases — if officers lacked probable cause or conducted an unlawful search, we can move to suppress the evidence under the Fourth Amendment. We would also examine whether the prosecution can prove 'knowing' possession, particularly if other individuals had access to the vehicle. Depending on the circumstances and your prior record, we may be able to negotiate the charge down to a lower degree of possession or pursue a diversion program.

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

Lack of Knowledge

An essential element of this crime is knowing you possessed over 10 pounds of marijuana. If the drugs were hidden or you legitimately did not know the quantity, this could invalidate the “knowing” requirement.

No Actual Possession