20 Apr 23

NY Penal Law § 221.05: Unlawful possession of marihuana

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Last Updated on: 5th August 2023, 03:47 pm

Understanding NY Penal Law § 221.05: Unlawful Possession of Marijuana

Marijuana, while illegal in New York, is not viewed in the same light as cocaine, heroin, or methamphetamine. Nevertheless, the possession of even a small quantity of marijuana is not legal and can result in a fine under New York Penal Code § 221.05. The Spodek Law Group and Attorney Todd Spodek have an extensive understanding of this law and the experience to help handle any legal situation.

The Charge of Unlawful Possession of Marijuana

In cases where someone possesses one or a few marijuana cigarettes for personal use, the normal charge is that of unlawful possession of marijuana. However, if the total weight exceeds 28 grams, you could face misdemeanor charges. For instance: police are called to respond to a domestic dispute at home; upon entering the house they observe two marijuana cigarettes on a table and take note of its scent; in such cases police can ticket individuals with unlawful possession charges.

Related Offenses

There are various other offenses related to marijuana such as criminal possession/sale controlled substance fifth degree regulated under New York Penal Code.

Defending Against Charges Of Unlawful Possession Of Marijuana

If charged with unlawful possession it may be possible to challenge search revealing drugs by demonstrating that there was no probable cause for conducting searches on your car/apartment/office etc., which would make anything produced from these searches including illicit drugs inadmissible in court leading towards dismissal.

Consequences Of Unlawful Possession Of Marijuana

While violating laws against possessing small quantities does not lead to jail time or criminal record but still carries serious consequences resulting up-to $100 fines issued through tickets instead.
However conviction over two other drug-related offenses within three years leads towards facing up-to fifteen days imprisonment along with $250 fine.

Summary Table:

Type Of Offense Consequences
Unlawful possession of marihuana Fine up to $100, no jail time, no criminal record
Possession of over 28 grams of marihuana Misdemeanor charge
Conviction of 2 other marihuana or controlled substance offenses in the past 3 years Up to 15 days in jail, fine of $250

When it comes to defending against charges of unlawful possession of marijuana having a knowledgeable and experienced attorney such as Attorney Todd Spodek and the Spodek Law Group on your side can make all the difference. They can help you navigate the legal system, challenge unlawful searches and work towards best possible outcome for your case.

In Conclusion

Unlawful possession may not carry same weight as other controlled substances but still is serious charge resulting in fines/other consequences. If facing such charges it’s important to have professional/experienced attorneys who defend rights/work towards best possible outcomes for cases. Contacting Spodek Law Group & Attorney Todd Spodek will provide consultation/legal support/guidance needed for successful defense/moving forward with life.

With The Spodek Law Group by Your Side:

The team at The Spodek Law Group has extensive knowledge about laws related to drug offenses including marijuana-related ones like Unlawful Possession Of Marijuana under NY Penal Code §221.05.
They are known for their compassionate approach towards clients while providing highest quality legal representation using their experience/knowledge crafting compelling defenses on behalf.
Facing criminal charges can be stressful/emotional experience which is why they work with clients alleviating concerns making process smooth/straightforward as possible.
If facing charges don’t hesitate contacting them today! With their commitment/experience/knowledge you’ll be confident that you’re in good hands taking first step securing future!