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NY Penal Law § 179.15: Criminal Retention Medical Marihuana

July 5, 2020 Federal Criminal Attorneys

New York has very clear regulations for who is allowed to possess and use medical marihuana and how much of it can be legally obtained by an eligible person. The New York Public Health Law § 3362 explains that certified persons who are authorized to use medical marihuana may only possess up to the amount of a 30 day supply of the dosage prescribed by a licensed practitioner. If you are in possession of more than of that amount, you would have violated the law. According to New York Penal Law § 179.15, you could face prosecution for criminal retention of medical marihuana if you are a certified user of medical marijuana or a designated caregiver and you consciously possess more marihuana than you are authorized to possess. This offense is a Class A misdemeanor.

For Example

Mario is certified to procure medical marijuana. Nevertheless, he regularly flouts the legislation by obtaining a great deal more of the marihuana than his doctor authorizes him to receive. Indeed, Mario does not consume it all by himself.  Some of the excess, he sells, and some he gives away at parties to friends. In this scenario, Mario could be looking at charges of criminal retention of medical marijuana as well as criminal diversion of medical marihuana in the second degree.

Offenses that are Related

Criminal diversion of medical marihuana in the first degree: New York Penal Law § 179.10

Criminal diversion of medical marihuana in the second degree: New York Penal Law § 179.11

The Sentence

Should you be convicted of criminal retention of medical marihuana, the judge could sentence you to up to 1 year in jail, a probation term of 3 years, and order you to pay a fine.




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