NYC Marijuana Defense Lawyer

New York City Marijuana Defense Attorney

Cannabis is the most commonly used substance in New York City that is also illegal to possess under federal and, in more cases, state law. As of 2014, New York State is developing rules that will lead to the legalization of small amounts of non-smokable medical marijuana for certain patients.

Charges relating to marijuana can include possessing a small amount, which is a non-criminal violation, to trafficking, which is a serious felony carrying a mandatory minimum prison sentence. Even minor offenses, though, should be taken seriously. For any accusation, your best strategy is to contact a skilled marijuana defense attorney to represent you.

NYC Marijuana Defense Lawyer

At Greco Neyland, PC, we represent clients on any charge relating to cannabis, from non-criminal violations to felonies. We will thoroughly investigate the circumstances of your arrest and challenge the evidence prosecutors bring forward, seeking to have charges reduced or dismissed. We have worked as prosecutors, so we understand both sides of the criminal courtroom and will put that knowledge to work for you.

Call us today at (212) 951-1300 to schedule a free consultation with a Manhattan marijuana defense lawyer. We also represent clients in Brooklyn (Kings County) as well as all other boroughs in the New York area.

Charges For Possession Of Cannabis

Though possession of cannabis was previously outlawed under New York’s marijuana laws, this is no longer the case. These old possession offenses no longer exist in New York.

If you are 21 or older, marijuana laws now allow you to possess up to three ounces of cannabis or 24 grams of concentrated cannabis outside the home. In your home, you may possess greater quantities of cannabis so long as you take reasonable steps to keep it safely stored and inaccessible to anyone under 21. This legalization has had huge impacts, as about 14.7% of adults 18 and older report consuming cannabis within the past 30 days.

While the old cannabis offenses no longer exist, there are current possession offenses covered in New York Penal Law Article 222. You can still be charged with possession of cannabis if you are found in possession of an amount of cannabis that exceeds the legal limit. The new possession offenses are divided into different classes depending on the amount of the drug involved in the offense. The greater the quantity of cannabis, the more severe the possession charge is.

The current charges for possession of cannabis include:

• Unlawful possession of cannabis: Unlawful possession of cannabis involves possessing more than the legal limit of three ounces of cannabis or more than 24 grams of concentrated cannabis, but not enough to qualify as criminal possession. This offense is a less severe possession offense and is considered a violation rather than a criminal offense. A violation is punishable by a fine of up to $125.
• Criminal possession of cannabis in the third degree: This offense is a Class A misdemeanor and involves possessing more than sixteen ounces of cannabis or more than five ounces of concentrated cannabis. In New York, Class A misdemeanors are punishable by up to one year in jail.
• Criminal possession of cannabis in the second degree: This offense is a Class E felony and involves possessing more than five pounds of cannabis or more than two pounds of concentrated cannabis. A Class E felony is punishable by up to four years in prison.
• Criminal possession of cannabis in the first degree: This offense is a Class D felony, which is punishable by up to seven years in prison. Criminal possession of cannabis in the first degree involves possessing more than ten pounds of cannabis or more than four pounds of concentrated cannabis.

Marijuana cases are highly impacted by the weight of cannabis involved in the case. The thresholds between different levels of possession charges are important because the difference between lawful possession and a criminal charge can depend on the quantity involved. Additionally, possession laws have different thresholds for cannabis and concentrated cannabis, which may impact your case.

If you hire a marijuana defense lawyer, they can explain the specific charges and penalties that may apply to your case, depending on the quantity and type of cannabis involved. Working with a lawyer is also important to help you build a defense against possession charges. An NYC marijuana defense lawyer can help you build a defense strategy tailored to the circumstances of your case and the applicable possession laws. Common defense strategies involve:

• Challenging whether the search and seizure through which the cannabis was discovered was legal
• Questioning whether the substance was accurately identified and weighed
• Arguing that there is insufficient evidence to prove your guilt
• Claiming that you were unaware of the cannabis

Working with an NYC marijuana defense lawyer is also important because they can make sure your case strategy is built on the current marijuana laws, rather than outdated statutes.

Charges for Marijuana Distribution

New York’s legalization of cannabis for adult use did not make unlicensed cannabis sales or distribution legal. Under Article 222, knowingly and unlawfully selling cannabis is a criminal offense.

The different types of distribution charges in marijuana cases depend on the weight of cannabis being sold and whether cannabis is being sold to someone under 21. Similar to possession charges, offenses involving greater quantities of cannabis often result in higher criminal charges. Some examples of marijuana distribution offenses include:

• Unlawful sale of cannabis: This offense is considered a violation rather than a criminal offense, and is punishable by up to $250. It involves the knowing and unlawful sale of cannabis or concentrated cannabis.
• Criminal sale of cannabis in the third degree: This offense is classified as a Class A misdemeanor, which is punishable by up to a year in jail, and involves either a person 21 or older selling cannabis or concentrated cannabis to someone under 21, or someone selling more than three ounces of cannabis or 24 grams of concentrated cannabis.
• Criminal sale of cannabis in the second degree: This offense involves the sale of over 16 ounces of cannabis, five ounces of concentrated cannabis, or sale to someone under 18. At this weight, sale becomes a felony offense. This offense is a Class E felony and is thus punishable by up to four years in prison.
• Criminal sale of cannabis in the first degree: This offense involves selling more than five pounds of cannabis or over two pounds of concentrated cannabis. It is a class D felony and is punishable by up to seven years in prison.
• Aggravated criminal sale of cannabis: Aggravated criminal sale of cannabis is the most severe distribution charge, involving 100 or more pounds of cannabis or concentrated cannabis. This is a class C felony, which is punishable by up to 15 years in prison.

While cannabis may have been legalized in New York, this does not change federal laws. Cannabis is still regulated under federal law, which means it is possible to face federal charges for distribution that would be legal if it fell under New York jurisdiction. Federal drug crime cases can be complex, often involving multiple states, federal investigators, and immigration issues for those accused.

Marijuana distribution cases can become very complex quickly, as there are many different legal standards when it comes to how these charges are classified. While they are mainly categorized by weight, it also depends on whether it was sold to a minor and whether it was cannabis or concentrated cannabis. Because of this complexity, it is a good idea to hire a marijuana defense lawyer as soon as possible.

Charges For Marijuana Distribution

While the possession of marijuana has been decriminalized to a certain degree, the sale has not. Similar to possession, criminal charges for marijuana distribution in New York City is determined by the weight of the cannabis sold.

“Selling” less than two grams is a class B misdemeanor if done without consideration; in other words, if the accused receives no money. This is essentially a penalty, in many cases, for giving away a joint. Selling anything less than 25 grams is a class A misdemeanor.

Anything beyond 25 grams is a felony. Felony charges may also be brought if you are accused of selling any amount of marijuana to a minor, with a minimum sentence of a year in jail and a potential of two and a half years in prison.

Operating as a “major trafficker” is a felony with a mandatory minimum sentence of 15 years in prison. A person may be a major marijuana trafficker if he or she made $75,000 in proceeds or more in a year or less. The classifications for offenses involving the sale of marijuana in New York are as follows:

• Criminal Possession of Marihuana in the Fifth Degree, New York Penal Law § 221.10 — It is a Class B misdemeanor if a person knowingly and unlawfully sells two grams or less of marijuana or one cigarette containing marihuana
• Criminal Possession of Marihuana in the Fourth Degree, New York Penal Law § 221.15 — It is a Class A misdemeanor if a person knowingly and unlawfully sells more than two grams but less than 25 grams of marijuana
• Criminal Possession of Marihuana in the Third Degree, New York Penal Law § 221.20 — It is a Class C felony if a person knowingly and unlawfully sells more than 25 grams but less than four ounces of marijuana
• Criminal Possession of Marihuana in the Second Degree, New York Penal Law § 221.25  — It is a Class D Felony if a person knowingly and unlawfully sells more than four ounces but less than 16 ounces of marijuana, or if he or she knowingly and unlawfully sells marihuana to a person less than 18 years of age
• Criminal Possession of Marihuana in the First Degree, New York Penal Law § 221.30 — It is a Class C felony if a person knowingly and unlawfully sells more than 16 ounces of marijuana

State Of Medical Marijuana In New York

Gov. Andrew Cuomo signed the Compassionate Care Act, legalizing medical marijuana in certain circumstances, in July 2014. The New York State Department of Health is currently in the process of implementing the program, including promulgating rules. Until this process is complete, marijuana remains illegal.

The law will provide people with certain conditions who go through the proper processes to acquire a 30-day supply of marijuana. Smoking the marijuana will not be an approved method of ingesting it.

Once the implementation process is complete, marijuana will still be illegal if not obtained through the program. This includes medical cannabis obtained in other states. If, for example, you obtain medical marijuana in New Jersey and then cross the Lincoln Tunnel into Manhattan, you could be arrested for possession.

New York City Marijuana Crime Resources

National Organization for the Reform of Marijuana Laws (NORML) — This website contains information about all of New York’s laws and penalties for marijuana offenses including possession, sale, trafficking, cultivation, and paraphernalia. There is also information about other legal issues, new releases, and ways to take action.

Marijuana Policy Project (MPP) — This organization works toward reforming marijuana laws across the United States, including lobbying Congress for legislation to replace prohibition and allow seriously ill patients to use medical marijuana.

Compassionate Care NY (CCNY) — This is a statewide group working to establish a carefully regulated medical marijuana program in New York.

131 West 33rd Street
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New York, NY 10001
(347) 781-5435

Marijuana Attorney In NYC – Greco Neyland, PC

Do not take any New York City marijuana charge lightly, even a ticket (DAT). By looking carefully at the details surrounding your arrested, we may determine that the marijuana may have been found as the result of an illegal search or seizure.

If the cannabis is suppressed as evidence, there’s a good chance your charges could be dropped. Call us today at (212) 951-1300 to schedule a free consultation.