Which Crimes In New York Involve Marijuana?

            As you might have heard, it has been a little over a year since marijuana has been legal for recreational purposes in New York. Since 2021, Article 221 of the New York State Penal Law which contained the marijuana charges that made possession, use, and sale of marijuana illegal, is no longer in effect and is replaced with Article 222. However, despite the legalization of marijuana, it is still possible to be convicted of a marijuana-related crime. These crimes involve both possessing and taking part in the unauthorized sale of marijuana. Under New York State Law, it is unlawful for an adult of 21 years of age or older to: (1) Smoke or vape marijuana any place where smoking is not allowed; (2) In New York City, you cannot smoke marijuana or tobacco in parks, at beaches, on boardwalks, or in pedestrian plazas and playgrounds; (3) Smoke marijuana in schools, workplaces, or cars; (3) Possess, display, purchase, obtain or sell more than three ounces of marijuana or more than twenty four grams of concentrated marijuana; (4) Driving while impaired from marijuana.

What Are The Penalties For Certain Marijuana Crimes In New York?

            Criminal Possession of Cannabis in the Third Degree is one of the lesser marijuana-related crimes and involves possession of marijuana that weighs more than sixteen ounces and is classified as a class A misdemeanor. This means that the penalty associated with this crime can range from no jail time to up to one year of jail time. Additional penalties can include fines, community service, probation, and/or driver’s license suspension.

In terms of outright possession of marijuana, Criminal Possession of Cannabis in the First Degree is the most serious crime that someone can be charged with and is classified as a class D felony. This felony involves punishment that can range from no jail time, probation, or jail from 1-7 years. Criminal Sale of Cannabis in the First Degree, which involves the sale of marijuana that weighs five pounds or more is also classified as a class D felony. The most serious of marijuana crimes, Aggravated Criminal Sale of Cannabis, which involves the sale of marijuana that weighs one hundred pounds or more is classified as a class C felony. Class C felonies are punishable by up to fifteen years in prison.

Contact Us

If you or someone you know is charged with a crime relating to the criminal possession or selling of marijuana, reach out to a competent criminal defense attorney as soon as possible. At The Law Office of Yifei He PLLC, our lawyer has years of experience helping clients overcome a wide range of legal barriers. With our attorney by your side, you can navigate this process with efficiency and confidence.

Request your initial consultation by calling 1 (917) 338-7678 or sending us an online message today.