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Marijuana Possession

In New York State, it is still illegal to possess any amount of marijuana as of the beginning of 2020. While the laws are frequently changing regarding the legality, even the permission for medicinal use of marijuana has been extremely limited. Currently, no more than 20 dispensaries may operate across the entire state and those facilities licensed to operate are only able to provide preparations that are not able to be smoked. Other than these licensed dispensaries, it is illegal to cultivate, grow, sell or possess marijuana if you are not receiving a prescription due to a disease in which it is listed for treatment.

The punishments for marijuana possession may not seem as strict when compared with the penalties for other drug possession charges, but it is still not something to be taken lightly. Possession of an amount of marijuana weighing up to two ounces is considered a violation and it is most likely that you will be paying a fine dependent on the amount. Any amount over two ounces can result in time spent behind bars so it is important that you reach out to our experienced team of New York criminal attorneys now to discuss what the possible sentence could be as well as what options are available to you.

Possessing an amount between two and eight ounces can result in up to a year in jail as well as a significant fine to be paid to the court. Eight to 16 ounces raises the maximum possible sentence to four years in prison as well as the possibility of a $5,000 fine. 16 ounces to 10 pounds includes a maximum of seven years in prison with the same available fine that can be applied and an amount over 10 pounds can lead to 15 years in prison. Please also keep in mind, this is only for first time offenses, if there is any amount over eight ounces, a mandatory prison sentence is required for second offenses.

As with almost all drug possession charges, there are mirrored charges for the sale of said drug. The penalties for the sale of marijuana are mores strict than that of possession and begin with up to three months in jail and the possibility of including a $500 fine for the sale of up to two ounces without payment. Cultivating or selling up to 24 grams is punishable by up to a year in jail as well as a fine. 25 grams up to four ounces lengthens the potential sentence to four years maximum as well as a higher fine. Four to 17 ounces can result in seven years and a fine and more than 16 ounces can result in up to 15 years as well as the fine. It is incredibly important to know as well that any sale to a minor (someone under the age of 18) will result in the offense automatically qualifying for up to seven years in jail as well as the possibility of a $5,000 fine.

Our experienced team of New York criminal attorneys have handled many cases involving drugs such as marijuana for our clients and have been successful in obtaining favorable outcomes in their cases regardless of the amount they were charged with selling or possessing.

Also know that recent changes to the laws allow for those previously convicted of possessing small amounts of marijuana the possibility of having their records expunged so call us now to see if your previous conviction is able to be expunged from your record.

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