Marijuana Charges

STATE PENALTIES

Possession

Possessing less than 2 ounces of marijuana in a non-public place is classified as unlawful possession of marijuana (New York State Penal Law § 221.05), a violation which carries a penalty of a fine up to $100.  A second offense may be punished by a fine of up to $200.  A third offense may be punishable by a fine up to $250 and 15 days in jail.

An arrest for possession of  less than 2 ounces of marijuana in a public place  is classified as criminal possession of marijuana in the 5th degree (New York State Penal Law § 221.10), a Class B misdemeanor punishable by 3 months in jail.

An arrest for possession of 2 ounces or more of  marijuana or a mixture containing marijuana is classified as criminal possession of marijuana in the 4th degree (New York State Penal Law § 221.15), a Class A misdemeanor punishable by one year in jail.

An arrest for possession of 8 ounces or more of  marijuana or a mixture containing marijuana is classified as criminal possession of marijuana in the 3rd degree (New York State Penal Law § 221.20), a Class E felony punishable by 1 to 1½ years in prison.  Second time offenders may face up to 2 years in prison, and a previous violent offender could face 2½  years.

An arrest for possession of 16 ounces or more of  marijuana or a mixture containing marijuana is classified as criminal possession of marijuana in the 2nd degree (New York State Penal Law § 221.25), a Class D felony punishable by 1 to 2½ years in prison.  Second time offenders may face up to 4 years in prison, and a previous violent offender could face 4½  years.

An arrest for possession of 10 pounds or more of  marijuana or a mixture containing marijuana is classified as criminal possession of marijuana in the 1st degree (New York State Penal Law § 221.30), a Class C felony punishable by 1 to 5½ years in prison.  Second time offenders may face up to 8 years in prison, and a previous violent offender could face 9  years.

Sale

An arrest for selling 2 grams or less or one cigarette of marijuana is classified as criminal possession of marijuana in the 5th degree (New York State Penal Law § 221.35), a Class B misdemeanor punishable by 3 months in jail.

An arrest for selling more than 2 grams but less than 25 grams of marijuana is classified as criminal possession of marijuana in the 5th degree (New York State Penal Law § 221.40), a Class A misdemeanor punishable by 1 year in jail.

An arrest for selling 25 mg or more of marijuana or a mixture containing marijuana is classified as criminal possession of marijuana in the 3rd degree (New York State Penal Law § 221.45), a Class E felony punishable by 1 to 1½ years in prison.  Second time offenders may face up to 2 years in prison, and a previous violent offender could face 2½ years.

An arrest for selling 4 ounces or more of marijuana or a mixture containing marijuana is classified as criminal sale of a controlled substance in the 2nd degree (New York State Penal Law § 221.50), a Class D felony punishable by 1 to 2½ years in prison.  Second time offenders may face up to 4 years in prison, and a previous violent offender could face 4½ years.

An arrest for selling 16 ounces or more of marijuana or a mixture containing marijuana is classified as criminal sale of a controlled substance in the 1st degree (New York State Penal Law § 221.55), a Class C felony punishable by 1 to 5½ years in prison.  Second time offenders may face up to 8 years in prison, and a previous violent offender could face 9 years.

FEDERAL PENALTIES FOR MARIJUANA

Possession

The penalties for possession of marijuana are set forth in 21 U.S.C. § 844:

A first conviction for possession of any amount of marijuana is punishable by up to 1 year in jail, as well as a minimum fine of $1,000.

A second conviction for possession of any amount of marijuana is punishable by up to a minimum time in jail of 15 days and a maximum period of 2 years, as well as a minimum fine of $2,500.

A third conviction for possession of any amount of marijuana is punishable by up to a minimum time in jail of 90 days and a maximum period of 3 years, as well as a minimum fine of $5,000.

Sale

The penalties for the of sale or possession with intent to sell marijuana are set forth in 21 U.S.C. § 841 (*Note: these are the penalties for the first conviction with no enhancing factors):

Sale or possession with intent to sell less than 50kg of a mixture containing marijuana is punishable by up to 5 years in jail, as well as a maximum fine of $250,000.

Sale or possession with intent to sell more than 50kg but less than 100kg of a mixture containing marijuana is punishable by up to 20 years in jail, as well as a maximum fine of $1,000,000.

Sale or possession with intent to sell more than 100kg  of a mixture containing marijuana is punishable by up a minimum of 5 years in jail and a maximum of 40 years in jail, as well as a maximum fine of $2,000,000.