Marijuana Crimes Attorney
Marijuana laws are changing all throughout the United States, and legalization for recreational usage of marijuana has already hit states such as Colorado and Washington. Nonetheless, marijuana is still considered a Schedule I hallucinogenic substance in New York State, though penalties for minor possession are fairly light. In fact, only if you have over 25 grams of marijuana will you receive a misdemeanor charge.
Compared with other states, New York’s marijuana laws are still quite harsh. However, if you’re charged with a drug crime related to marijuana, whether possession, distribution, or manufacture, you need an Orange County, NY, marijuana crimes attorney who’ll work with prosecutors and judges while relentlessly fighting for you in courts. Stay out of jail and keep your criminal record clean by calling the Law Offices of Benjamin Greenwald today.
Possession for Personal Use
As of 2014, NYPD commission and NYC mayor announced that minor possession of marijuana (less than 25 grams) will be considered a non-criminal violation. This consideration is also valid throughout the entire New York State, including Orange County. Therefore, if you’re caught possessing less than 25 grams of marijuana, you will be given a $100 fine. For a second violation, the fine is $200, and for a third violation, you may have to spend 15 days in jail and pay a $250 fine (though you still won’t be given a misdemeanor).
You will be given a misdemeanor, however, if you’re caught with 25 grams to 2 ounces (Class B misdemeanor punishable by 3 months in jail). You can receive a felony for marijuana possession if you are caught possessing between 8 ounces and one pound (Class F felony punishable by 1 to 1 1/2 years in prison).
Sale and Manufacture of Marijuana in New York State
Unlike simple possession of marijuana, sale and manufacture (growing) of marijuana in New York State does carry some harsh penalties, regardless of the legality of marijuana in other parts of the United States. For example, if you’re caught selling a single joint (about 2 grams of weed), you could be charged with criminal sale of marijuana in the 5th degree (New York State Penal Law § 221.35), a Class B misdemeanor punishable by up to 3 months in jail. Selling more than 25 grams, however, is a Class E felony punishable by 1 to 1 1/2 years in prison.
Cultivating marijuana, regardless of the amount, is an immediate Class A misdemeanor punishable by one year imprisonment and/or a fine of up to $1,000. However, cultivation is also considered “possession” in New York State, and therefore, cultivating larger amounts of marijuana could cause the state to give you a more severe charge.
Call the Law Offices of Benjamin Greenwald
Due to the changing political, medical, and legal landscapes regarding marijuana, nobody should spend significant time in prison for simple possession or, some would argue, sale of marijuana. Unfortunately, judges and prosecutors can be harsh on alleged offenders, even first-time offenses. An experienced marijuana crimes attorney is your best chance of receiving a favorable sentence.
If you’ve been charged with a marijuana crime, contact the Law Offices of Benjamin Greenwald at (845) 567-4820 today.