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new york penal code 221 30 criminal possession of marihuana in t
New York Penal Law 221.30: Criminal Possession of Marijuana in the First Degree
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.
Defenses
There are several legal defenses that could fight a 221.30 marijuana possession charge:
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
You can’t be guilty of possession if you never actually possessed the marijuana. For example, if it was found in a part of your house you didn’t access. Constructive possession does not apply to 221.30 charges.
Illegal Search
If the police performed an illegal search to find the marijuana, such as searching without a warrant, the evidence could be suppressed. This means it cannot be used against you.
Entrapment
A valid entrapment defense means you only committed the crime due to improper encouragement by the police. If an undercover cop pressured you into purchasing the large quantity of marijuana, this defense could apply.
Prosecutors often pile on additional charges related to the marijuana possession, such as:
- Intent to Sell – Possessing over 10 pounds implies intent to distribute.
- Conspiracy – Working with others to transport or sell the marijuana.
- Drug Paraphernalia – Having materials used for weighing, packaging, or distributing the drugs.
These supplementary charges can add substantially to the potential penalties if convicted. Hiring an experienced marijuana crimes defense lawyer is essential.
Possible Plea Deals
Due to the serious penalties for 221.30 marijuana possession, prosecutors often offer plea bargains in exchange for a guilty plea. Common options include:
- Plead guilty to a lower misdemeanor charge
- Plead to a lesser included offense, like 100 grams of marijuana instead of 10 pounds
- Cooperate with police to implicate drug suppliers in exchange for charge dismissal
An attorney can negotiate the best possible plea deal to reduce charges and sentencing. But beware – pleading guilty still ends up on your criminal record.
Impact of a Conviction
Being convicted of a felony marijuana charge will disrupt and impact your life for years to come. Consequences include:
- Jail or prison time
- Difficulty finding a job and housing with a felony record
- Barred from certain careers and professional licenses
- Loss of voting rights, firearms rights, and other civil liberties
- Deportation for non-citizens
- Years of probation and drug testing
- Large fines and court fees
These severe collateral consequences demonstrate why aggressively fighting the charges is so important. Don’t take a plea deal or “wait and see” – hire a lawyer immediately.
Getting Legal Help
Being charged with first degree criminal possession of marijuana in New York is extremely serious. But the situation is not hopeless. An experienced criminal defense lawyer can thoroughly evaluate the evidence and build the strongest defense to achieve the best outcome.
If you or a loved one are facing charges under NY Penal Code 221.30, don’t leave freedom up to chance. Consult with a lawyer right away about fighting the case. With an aggressive defense, charges can potentially be reduced or dismissed entirely.
Don’t become another statistic – take action to protect your future today before it’s too late.
References
- NY Penal Law § 221.30: Criminal possession of marihuana in the first degree
- Article 221 | NYS Penal Law | Marihuana Offenses | NY Laws
- New York Consolidated Laws, Penal Law – PEN § 221.30 – Codes – FindLaw
- Article 221 – § 221.30 Criminal possession of marihuana in the first degree. :: 2014 New York Laws :: US Codes and Statutes
- New York Penal Code 221.30 Criminal Possession of Marijuana First Degree | Nationwide Law Firm Spodek Law Group – Get the Legal Help You Need Now!
- NY Penal Law § 221.30: Criminal possession of marihuana in the first degree – Federal Lawyers