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New York Marijuana Frequently Asked Questions

Is it a crime to possess marijuana?

Marijuana possession laws have changed in different states over the years. However, in New York, possessing marijuana for recreational use is a crime. Possessing a small amount of marijuana is considered a violation, but most offenses are considered misdemeanors or felonies. The exact consequences for possession depend on the quantity, but if you’re convicted, you’ll have a criminal record and may serve time in prison.

What are the different offenses for marijuana possession?

In New York, there are five different offenses for marijuana possession. Two of these are misdemeanors, and three are felony charges. Possessing under 25 grams of marijuana is not considered a misdemeanor or a felony, but you may have to pay a fine and be ticketed for a violation. Here are the five possession offenses:

1. Criminal possession of marijuana in the fifth degree. If you possess between 25 grams and 2 ounces of marijuana, you will be charged with this offense. This is a class B misdemeanor, and it carries a sentence of up to three months in jail.

2. Criminal possession of marijuana in the fourth degree. This offense is for people who have between 2 and 8 ounces of marijuana in their possession. This is a class A misdemeanor and has a sentence of up to a year in jail.

3. Criminal possession of marijuana in the third degree. You’ll be charged with this offense if you have between 8 and 16 ounces of marijuana in your possession. This offense is a class E felony and carries a sentence of up to four years in prison.

4. Criminal possession of marijuana in the second degree. If you possess more than 16 ounces and less than 10 pounds of marijuana, you’ll be charged with this offense, which is a class D felony with a sentence of up to seven years in prison.

5. Criminal possession of marijuana in the first degree. This offense is a class C felony and carries a sentence of up to 15 years in prison. It applies to people with over 10 pounds of marijuana in their possession.

Will I go to prison if I’m convicted of marijuana possession?

Your sentencing depends on a number of factors, including your current criminal history and the amount of marijuana in your possession. While all five offenses have a possibility of a jail or prison sentence, you won’t necessarily go to prison if you’re convicted. Instead, you may receive a fine, probation, drug treatment, or another sentence.

A misdemeanor or felony record will follow you for the rest of your life. For a successful outcome for your case, it’s essential to be represented by an experienced lawyer. Your lawyer will help the judge see the important details of your case to avoid harsh sentencing. If you’ve been arrested for marijuana possession, contact Spodek Law Group to speak to an attorney. Their lawyers have years of experience with drug charges and will ensure that you have the best possible representation.

by Leonard on Spodek Law Group
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