Marihuana Offenses In New York
There are seventeen offenses involving marihuana in New York. There are six offenses involving possession of marihuana: unlawful possession of marihuana; criminal possession of marihuana in the fifth degree; criminal possession of marihuana in the fourth degree; criminal possession of marihuana in the third degree; criminal possession of marihuana in the second degree; and criminal possession of marihuana in the first degree. There are five offenses involving selling marihuana: criminal sale of marihuana in the fifth degree; criminal sale of marihuana in the fourth degree; criminal sale of marijuana in the third degree; criminal sale of marihuana in the second degree and criminal sale of marihuana in the first degree. There are three offenses involving possession of concentrated cannabis (aka hash or hashish): criminal possession of a controlled substance in the seventh degree; criminal possession of controlled substance in the fifth degree; and criminal possession of controlled substance in the fourth degree. There are three offenses involving the sale of concentrated cannabis: use of a child to commit a controlled substance offense; criminal sale of a controlled substance in the fifth degree and criminal sale of a controlled substance in the fourth degree. Sell is defined as "to sell, exchange, give or dispose of to another, or to offer or agree to do the same." [PL § 220.00(1)]
A person who knowingly and unlawfully possesses any amount of marihuana is guilty of unlawful possession of marijuana. Unlawful possession of marihuana is a violation. [PL §221.05]
A person who knowingly and unlawfully possesses marihuana in a public place that is either burning or open to public view is guilty of criminal possession of marihuana in the fifth degree. [PL§ 221.10] A person who knowingly and unlawfully possesses one or more compounds, mixtures or substances containing marijuana with a combined weight greater than twenty-five grams is also guilty of criminal possession of marihuana in the fifth degree. [PL§ 221.10] Criminal possession of marihuana in the fifth degree is a class B misdemeanor. [PL§ 221.10]
A person who knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana is guilty of criminal possession of marihuana in the fourth degree if the preparations, compounds, mixtures or substances have a combined weight of more than two ounces. [PL § 221.15] Criminal possession of marihuana in the fourth degree is a class A misdemeanor. [PL§221.15]
A person who knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana is guilty of criminal possession of marihuana in the third degree if the preparations, compounds, mixtures or substances have a combined weight greater than eight ounces. [PL§221.20] Criminal possession of marihuana in the third degree is a class E felony. [PL§221.20]
A person who knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana is guilty of criminal possession of marihuana in the second degree if the preparations, compounds, mixtures or substances have a combined weight greater than sixteen ounces. [PL §221.25] Criminal possession of marihuana in the third degree is a class D felony. [PL §221.25]
A person who knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana is guilty of criminal possession of marihuana in the first degree if the preparations, compounds, mixtures or substances have a combined weight greater than ten pounds. [PL§221.30] Criminal possession of marijuana in the first degree is a class C felony. [PL §221.30]
A person who knowingly and unlawfully sells for no consideration at least one preparation, compound, mixture or substance containing marijuana is guilty of criminal sale of marihuana in the fifth degree if the combined weight of the preparation, compound, mixture or substance is no more than two grams. [PL §221.35] A person who sells a cigarette containing marihuana for no consideration is also guilty of criminal sale of marihuana in the fifth degree. [PL §221.35] Criminal sale of marihuana in the fifth degree is a class B misdemeanor. [PL§221.35]
A person who knowingly and unlawfully sells marihuana is guilty of criminal sale of marijuana in the fourth degree unless it was a preparation, compund, mixture or substance with combined weight of no more than two grams that was sold for no consideration or a cigarette containing marihuana that was sold for no consideration. [PL §221.40] Criminal sale of marihuana in the fourth degree is a class A-misdemeanor.[PL §221.40]
A person who knowingly and unlawfully sells at least one preparation, compound, mixture or substance containing marihuana is guilty of criminal sale of marihuana in the third degree if the combined weight of the preparation, compound, mixture or substance is greater than twenty five grams. [PL§221.45] Criminal sale of marihuana in the third degree is class E-felony. [PL§221.45]
A person who knowingly and unlawfully sells at least one preparation, compound, mixture or substance containing marijuana is guilty of criminal sale of marihuana in the second degree if the combined weight of the preparation, compound, mixture or substance is greater than four ounces. [PL §221.50] A person who knowingly and unlawfully sells at least one preparation, compound, mixture or substance containing marihuana to a person under the age of eighteen years is also guilty of criminal sale of marihuana in the second degree. [PL §221.50] Criminal sale of marihuana in the third degree is class D-felony. [ PL§ 221.50]
A person who knowingly and unlawfully sells at least one preparation, compound, mixture or substance containing marihuana is guilty of criminal sale of marihuana in the first degree if the combined weight of the preparation, compound, mixture or substance is greater than sixteen ounces. [PL § 221.55] Criminal sale of marihuana in the third degree is class C-felony. [PL§221.55]
A person is guilty of criminal possession of a controlled substance in the seventh degree when they knowingly and unlawfully possess concentrated cannabis. [PL§ 220.03] Criminal possession of a controlled substance in the seventh degree is a class A misdemeanor.[PL § 220.03]
A person who knowingly and unlawfully possesses at least one preparation, compound, mixture or substances containing concentrated cannabis is guilty of criminal possession of a controlled substance in the fifth degree if the preparation, compound, mixture or substance has a combined weight of a least one-fourth of an ounce. [ PL § 220.06(4)] A person is also guilty of criminal possession of a controlled substance in the fifth degree if they knowingly and unlawfully possess concentrated cannabis with the intent to sell it. [PL § 220.06(1)] Criminal possession of a controlled substance is a class D felony. [PL §220.06]
A person who knowingly and unlawfully possesses at least one preparation, compound, mixture or substances containing concentrated cannabis is guilty of criminal possession of a controlled substance in the fourth degree if the preparation, compound, mixture or substance has a combined weight of a least one ounce. [PL§ 220.09(10)] Criminal possession of a controlled substance in the fourth degree is a class C felony. [PL § 220.09]
A person who knowingly and unlawfully sells concentrated cannabis is guilty of criminal sale of a controlled substance in the fifth degree. [PL §220.31] Criminal sale of a controlled substance in the fifth degree is a class D felony. [PL §220.31]
A person who sells concentrated cannabis on school grounds, a school bus or grounds of a day care is guilty of criminal sale of a controlled substance in the fourth degree. Criminal sale of a controlled substance in the fourth degree is a class C felony. [PL §220.34(8)]. School grounds includes any parked vehicle or public place located with a thousand feet of the school's property line. PL §220.00(14)].
A person who is at least eighteen years old and commits felony sale or attempted felony sale of concentrated cannabis using another person under sixteen years old to effectuate the sale or attempted sale of the concentrate cannabis is guilty of use of a child to commit a controlled substance offense. [ PL§ 220.28(1)(2)] Use of a child to commit a controlled substance offense is a class E-felony. [ PL §220.28]
Please call me at 1-877-858-2889 if you are ever arrested for allegedly possessing or selling marihuana or concentrated cannabis. I am available 24/7. The initial consultation is free. If the case is not dismissed, I will negotiate a plea bargain agreeable to you or take the case to trial.
