Marijuana Possession

Garden City Marijuana Possession Attorney

shutterstock_1459750-300x200Defending New Yorkers against a marijuana possession or intent to sell charge

Across America, marijuana laws are changing on a state level. The federal government still classifies marijuana as a Schedule I drug along with heroin, LSD, and ecstasy. This means that the federal government believes that marijuana has no currently accepted medical use and has a high potential for abuse, the most dangerous of all scheduled drugs. Many states disagree with the government and some have legalized it for medical purposes. Other states have even legalized it for recreational use. In New York State, marijuana is still illegal. If you are caught in possession of marijuana for personal use, you will most likely have to pay a fine. If you are charged with the intent to distribute, you will face harsher penalties. If you have been charged with a marijuana possession charge, Grunwald & Seman, P.C. is here to serve.

Marijuana possession charge

First-time offenders who are caught with up to 25 grams of marijuana face a fine of $100. An additional offense of possession up to 25 grams within 3 years is punishable by a fine of $200. A third or subsequent offense within a 3-year period is punishable by a $250 fine and/or possible jail time up to 15 days. New York marijuana penalties escalate when possession exceeds 25 grams.

Possession of 25 grams up to 2 ounces of marijuana upgrade the offense to a class B misdemeanor with possible jail time up to 3 months and a fine of no more than $500. Possession of marijuana between 2-8 ounces is a class A misdemeanor with possible jail time up to 1 year and a potential fine up to $1000. Possession of marijuana between 8-16 ounces is a class E felony and comes with potential jail time up to 4 years and a fine that could be as high as $5000. Possession of marijuana between 16 ounces to 10 pounds is a class D felony and comes with potential jail time up to 7 years and a fine up to $5000. Over 10 pounds is a class C felony and comes with potential jail time up to 15 years and a fine not to exceed $15,000.

Sale of marijuana charge

Penalties for marijuana sale also depends on the amount found on a person. The exchange of fewer than 2 grams or a marijuana cigarette without payment is a class B misdemeanor and comes with potential jail time up to 3 months and a fine of $500. For 25 grams or less, one is facing a class A misdemeanor and comes with potential jail time up to 1 year and a possible fine up to $1000. For selling an amount between 25 grams to 4 ounces, one is facing a class E felony and comes with potential jail time up to 7 years and a possible fine up to $5000. Between 4-16 ounces, one is facing a class D felony and comes with potential jail time up to 7 years and a possible fine up to $5000. More than 16 ounces is a class C felony and comes with potential jail time up to 15 years and a possible fine up to $15,000.  

Selling marijuana to any person under the age of 18 is a class D felony and comes with potential jail time up to 7 years and a possible fine up to $5000. Using a child to assist in the sale of marijuana, including hiding drugs on their person, is considered a class E felony and comes with potential jail time up to 4 years and a possible fine up to $5000.

Contact a Garden City firm with years of experience

At Grunwald & Seman, P.C., we have years of experience helping clients downgrade the charges or even avoid convictions of marijuana offenses.  Though some offenses are more severe than others, a conviction of a crime may burden you with a criminal record that can affect future employment opportunities. There are many avenues of defense to explore when facing a marijuana charge and our firm is ready to assess your case and help you come to the best possible conclusion. Contact Grunwald & Seman P.C. for a consultation.