State Laws

New York Marijuana Laws

     

New York Marijuana Law Details
Many states have a lenient attitude towards the possession of a small amount of marijuana for personal use. That amount is usually less than an ounce or 28 grams. New York is one such state that treats that amount of marijuana possession like a minor traffic accident. However, the more pot you possess and what your intent is with that pot will determine your fate if you are arrested in New York.

Although New York is considered a blue state with many liberal policies and elected officials, they do not have any medical marijuana law exceptions. There is an ongoing debate in the state legislature about the issue of medical marijuana, but so far that debate has not progressed to the polls.

New York Marijuana Penalties for Possession
In New York, possession of less than an ounce of marijuana is deemed a civil infraction. For a first or second offense you'll merely be slapped with a fine of one hundred dollars. For a third offense of possession in this amount, you will be charged with a misdemeanor and could face up to five days in jail with a $250 fine.

Possession of an amount of marijuana from two to eight ounces is considered a Class A misdemeanor and can include one year in jail along with a $1,000 fine.

For an amount that is eight to sixteen ounces, you are looking at a Class E Felony. If convicted of that charge you could serve one to four years in jail and pay a $5,000 fine for a first offense. With a second offense in this category, the jail time increases to a minimum of three to four years in jail.

Being caught with sixteen ounces up to ten pounds of marijuana is a Class D Felony that comes with a possible one to fifteen year prison term and $5,000 fine for a first offense. With a second offense you are be facing some mandatory jail time.

More than ten pounds of pot could land you in jail for up to fifteen years and you will be charged with a Class C Felony.

New York Marijuana Penalties for Growing or Selling
If you are caught growing or selling 24 grams of pot you will be charged with a Class A misdemeanor and could find yourself in jail for one year in jail with a $1,000 fine.

Being arrested for twenty-five grams up to four ounces as a sale will get you slapped with a Class E Felony that comes with a possible one to four jail sentence and a $5,000 fine. A second Class E Felony could mean a three to four year jail term with the same fine.

A person who is caught selling or growing four ounces to sixteen ounces will be charged with a Class D Felony and face a one to seven year term in prison with a $5,000 fine. As the amount of pot increases, so does the jail time and fines with a maximum penalty of fifteen years in jail for selling an amount of ten pounds or more of pot.

If you are arrested for selling any amount of pot to a minor, you are looking at a Class D Felony charge with up to seven years behind bars.

See also:
New York Felony
New York Gun Laws
New York Divorce
New York Misdemeanor External link (opens in new window)
New York Expungement External link (opens in new window)