NEW YORK & FEDERAL LAWS FOR MARIJUANA
If you or a family member has been charged with a marijuana crime, you need an experienced attorney.
Marijuana cases draw penalties ranging from an outright dismissal to prison time.
Have a former NY Prosecutor defend your rights. Call Cozzo Law – 631-234-2070.
STATE PENALTIES FOR MARIJUANA
Possession
An arrest for possession of 2 ounces or more of marijuana or a mixture containing marijuana is classified as criminal possession of marijuana in the 4th degree (New York State Penal Law § 221.15), a Class A misdemeanor punishable by one year in jail.
An arrest for possession of 8 ounces or more of marijuana or a mixture containing marijuana is classified as criminal possession of marijuana in the 3rd degree (New York State Penal Law § 221.20), a Class E felony punishable by 1 to 1½ years in prison. Second time offenders may face up to 2 years in prison, and a previous violent offender could face 2½ years.
An arrest for possession of 16 ounces or more of marijuana or a mixture containing marijuana is classified as criminal possession of marijuana in the 2nd degree (New York State Penal Law § 221.25), a Class D felony punishable by 1 to 2½ years in prison. Second time offenders may face up to 4 years in prison, and a previous violent offender could face 4½ years.
An arrest for possession of 10 pounds or more of marijuana or a mixture containing marijuana is classified as criminal possession of marijuana in the 1st degree (New York State Penal Law § 221.30), a Class C felony punishable by 1 to 5½ years in prison. Second time offenders may face up to 8 years in prison, and a previous violent offender could face 9 years.
Sale
An arrest for selling 2 grams or less or one cigarette of marijuana is classified as criminal possession of marijuana in the 5th degree (New York State Penal Law § 221.35), a Class B misdemeanor punishable by 3 months in jail.
An arrest for selling more than 2 grams but less than 25 grams of marijuana is classified as criminal possession of marijuana in the 5th degree (New York State Penal Law § 221.40), a Class A misdemeanor punishable by 1 year in jail.
An arrest for selling 25 mg or more of marijuana or a mixture containing marijuana is classified as criminal possession of marijuana in the 3rd degree (New York State Penal Law § 221.45), a Class E felony punishable by 1 to 1½ years in prison. Second time offenders may face up to 2 years in prison, and a previous violent offender could face 2½ years.
An arrest for selling 4 ounces or more of marijuana or a mixture containing marijuana is classified as criminal sale of a controlled substance in the 2nd degree (New York State Penal Law § 221.50), a Class D felony punishable by 1 to 2½ years in prison. Second time offenders may face up to 4 years in prison, and a previous violent offender could face 4½ years.
An arrest for selling 16 ounces or more of marijuana or a mixture containing marijuana is classified as criminal sale of a controlled substance in the 1st degree (New York State Penal Law § 221.55), a Class C felony punishable by 1 to 5½ years in prison. Second time offenders may face up to 8 years in prison, and a previous violent offender could face 9 years.
FEDERAL PENALTIES FOR MARIJUANA
Possession
The penalties for possession of marijuana are outlined in 21 U.S.C. § 844:
A first conviction for possession of any amount of marijuana is punishable by up to 1 year in jail, as well as a minimum fine of $1,000.
A second conviction for possession of any amount of marijuana is punishable by up to a minimum time in jail of 15 days and a maximum period of 2 years, as well as a minimum fine of $2,500.
A third conviction for possession of any amount of marijuana is punishable by up to a minimum time in jail of 90 days and a maximum period of 3 years, as well as a minimum fine of $5,000.
Sale
The penalties for the sale or possession with intent to sell marijuana are outlined in 21 U.S.C. § 841 (*Note: these are the penalties for the first conviction with no enhancing factors):
Sale or possession with intent to sell less than 50kg of a mixture containing marijuana is punishable by up to 5 years in jail, as well as a maximum fine of $250,000.
Sale or possession with intent to sell more than 50kg but less than 100kg of a mixture containing marijuana is punishable by up to 20 years in jail, as well as a maximum fine of $1,000,000.
Sale or possession with intent to sell more than 100kg of a mixture containing marijuana is punishable by up a minimum of 5 years in jail and a maximum of 40 years in jail, as well as a maximum fine of $2,000,000.