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Understanding Marijuana Possession Laws and Penalties in New York City

It’s no secret that legislators across America are reforming marijuana laws. While some states have adopted medical marijuana policies or decriminalized possession, others have flat out legalized its recreational use.

Cannabis plants as an alternative cancer drug

Cannabis plants as an alternative cancer drug

Although New York legislators have passed laws to decriminalize marijuana possession, it is still an illicit substance, according to New York law. As a result, it is illegal to possess any amount of marijuana.

If you are currently facing marijuana-related charges and would like to schedule a free case review with a New York City criminal attorney, contact Goldberg & Allen, LLP at 212-766-3366. We can evaluate your case, construct your defense and aggressively defend your rights.

Though some marijuana convictions are not as severe as they once were, you should still take these charges seriously. Read on to learn more about possession penalties in New York

New York Marijuana Laws

There are still some tricky areas when it comes to the inconsistencies between state and federal legislation concerning marijuana, but in New York, marijuana falls under a Schedule I substance. Schedule classifications identify what the charges for use or possession may be. They are based on established facts about each substance.

Schedule I substances have a serious likelihood of abuse, pose inherent risk and have no recognized medicinal value. Based on this definition, it is a crime to possess marijuana knowingly. The penalties for violating this law vary depending on the amount, the offender’s intent and a few other factors.

Penalties for Marijuana Possession in New York

Possession of under 25 grams is a violation under the Penal Law.  In New York City ONLY there is a new policy to not make an arrest but to give a summons. On a first offense, the defendant is entitled to a Marijuana ACD which comes with no fine at all.  Then, on a first time conviction, there would be the $100 fine.  And, as a criminal violation, it is still punishable – in theory – by up to 15 days in jail. 

Though the future of marijuana laws will likely paint a far different picture than today’s regulations, it is still important to take marijuana-related charges seriously. If you wish to enlist the support of a criminal lawyer who can represent your interests, contact Goldberg & Allen, LLP.

Starting with your free case review, we can help you understand the charges. An attorney from our firm can explain your rights and develop a comprehensive defense strategy to protect them. To get started, call us today at 212-766-3366.




By |2017-08-31T17:43:46+00:00July 16th, 2015|Blog, Criminal Attorney|Comments Off on Understanding Marijuana Possession Laws and Penalties in New York City

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