Marijuana Possession Charge in New York?

Get top legal advice on NY Marijuana Laws or any drug charges!

If you’ve been charged with Possession of Marijuana in New York , you need to know what you are facing, and what you can do about it.

Our marijuana laws in New York State are strict and complicated. But a defense lawyer who knows the system can fight wrongful charges, or help you avoid strict penalties and harsh outcomes by smartly working the system.

Whatever happened to you, whether you are getting screwed by the police and court system, or you made a mistake and just want to minimize the damage and move on with your life — an experienced New York defense attorney who knows New York’s marijuana laws, and knows the system can protect you and work on your side can make all the difference.

Our attorneys will always accept a fair deal if it is in the client’s interest, but part of our strategy and success is being ready to fight when necessary.

Whatever your situation, call us at (888) 435-4744, or contact us and we’ll go over your case and let you know what we can do to help. There’s absolutely no obligation for a consultation on a New York marijuana possession charge.

I Can’t Believe I Was Charged With Possession of Marijuana!

If you are getting a raw deal and know you haven’t done anything wrong and aren’t guilty of the charges, the New York Court system can be an unsympathetic place. And they aren’t always inclined to treat any drug charges, including marijuana, very lightly.

An NY criminal defense attorney with the right experience fighting drug cases can be your last resort if you aren’t being treated fairly and taken seriously.

Was it something a friend or acquaintance was involved in? Were you simply in the wrong place at the wrong time? People can often be wrongfully arrested and charged in marijuana cases. These things really happen! The police are known to cast a wide and indiscriminant net when arresting people suspected of drug charges.

It could be laziness on their part not wanting to sort out the facts of the case or trying to boost their arrest stats. But you have the right to challenge these facts in court. Being arrested is not the same thing as being guilty.

An experienced defense lawyer familiar with how drug cases work in New York will fight these charges. Many cases are easily won.

Does this scenarios sound familiar to you?

A friend is smoking a joint on a park bench. Your friend has a large bag of marijuana in his jacket pocket, which happens to be on the bench in between you both. The police come on the scene and arrest both of you. You are now charged with Criminal Possession of Marijuana in the Fourth Degree. You could go to jail for 90 days.

Being in such a situation can be scary and nerve-wracking. An experienced criminal defense attorney can help, and may be your best and only chance of getting out from under this mess. Call to find out how we fight marijuana drug charges, and what we can do for you. (888) 435-4744

I Got Busted with Some Weed. Can I Make This Go Away?

Yes, in many cases you can. If you got arrested with a small amount of marijuana/pot for personal use, our NY attorneys are sympathetic to your situation.

We can negotiate hard with the DA on your behalf to get charged dropped or reduced to a misdemeanor or non-criminal violation.

We can also do a full evaluation of the facts of your case to make sure that the cops didn’t make a mistake and violate your rights. If they committed an illegal search and seizure, then the case should be dismissed.

Either way, we’ll be there for you, making sure your rights are fully protected under the law. Getting caught with marijuana should be a big deal, but New York marijuana laws aren’t always meant to be flexible.

And you shouldn’t agree to be punished with a permanent criminal record if it can be avoided. Call our New York law offices to find out what we can do for you to get around the most serious penalties, so you can get on with your life. (888) 435-4744

New York Drug Marijuana Possession Laws

New York is known for tough drug laws. Being charged with possession of a controlled substance like marijuana can be quite serious. Know the facts, and get strong legal advice to protect yourself!

What is Marijuana Possession Under the Law of NY?

Elements of a Marijuana Possession Charge in New York State

The elements of the crime of possession of marijuana are the same as other drug possession charges under New York criminal law.

The amount of marijuana/pot is the biggest factor in the seriousness of the criminal charge against you.

Marijuana Possession Penalties

Possession of marijuana is an aggregate-weight offense under New York law.

The most serious marijuana possession offense is criminal possession of marijuana/marihuana (also known as CPM).

Criminal possession of of Marijuana in the first (1st) degree is a Class C felony. You can be facing many years in prison for a felony marijuana charge.

Any amount of pot smoked in public is a misdemeanor offense ofCriminal Possession of Marijuana in the Fifth (5th) Degree, even a single partially smoked joint, which can mean a permanent criminal record.

Call us to find out how to fight these charges and keep your record clean. (888) 435-4744

Charge – NY Penal Code Classification Amount
Criminal Possession of Marijuana in the First Degree – 221.30 C Non-Violent Felony Possession o fmore than 10 pounds of Marijuana
Criminal Possession of Marijuana in the Second Degree – 221.25 D Non-Violent Felony Possession of between 1 and 9.9 pounds of Marijuana
Criminal Possession of Marijuana in the Third Degree – 221.20 E Felony Possession of between 8 and 15.9 ounces of Marijuana
Criminal Possession of Marijuana in the Fourth Degree – 221.15 A Misdemeanor Possession of between 2 and 7.9 ounces of Marijuana
Criminal Possession of Marijuana in the Fifth Degree – 221.10 B Misdemeanor Possession of between 25 grams and 1.9 ounces of MarijuanaorPossession in a public place of any amount which is burning or open to public view
Appearance in Public Under the Influence of Drug(s) other than Alcohol – 240.40 Violation
Unlawful Possession of Marijuana – 221.45 Violation Possession of any amount of Marijuana


What is Unlawful Possession of Marijuana?

The least serious, simple possession charge is called unlawful possession of marijuana (known as UPM), It is treated as a violation, not a misdemeanor.

Despite New York’s rigid penalties, the State treats “Unlawful Possession of Marijuana” as a non-criminal violation. The consequences of such a violation are not criminal. In other words, you will not have a criminal record if you are found in violation of being in Unlawful Possession of Marijuana.

However, you may be charged with a Misdemeanor if the amount found is of a certain weight. Hiring an experienced criminal lawyer may result in having the possession charge reduced to a mere violation.

Free Consultation on New York Marijuana Laws & Penalties

Call us anytime for a case evaluation on any drug possession charge in New York State. We’ll let you know exactly what we can do to help you, what you are facing for possible and likely penalties, and what it will cost to hire us. There’s no obligation, so contact us right away.

(888) 435-4744

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