A New York Marijuana Lawyer discusses the legality of pot in New York State.

There has been great controversy over the legalization of marijuana. The current law as of this writing is that possession of small amounts of marijuana has been de-criminalized. That is to say it is not a crime for a 1st time offender to possess marijuana. However, it is not legal to possess it. If you possess 25 grams or less of marijuana and you are a first time offender or a 2nd time offender you will be charged with a violation of the Penal Law. You will still have to appear in a New York Criminal Court and you can be convicted of a violation but it will not be a Criminal Conviction. If you possess 25 grams or less and have two prior convictions or you are burning any amount of marijuana in public view, or have over 25 grams and less than 2 ounces you will be charged with a B Misdemeanor which is punishable by up to 3 months in jail in addition to fines and probation. As the weight of the marijuana increases so does the criminal charge. If you are caught possessing over 2 ounces of pot but less than 8 ounces the District Attorney will raise your Drug crime to an A Misdemeanor. Any New York Marijuana Crime Lawyer will tell you that as the amount of marijuana increases so does the desire of the District Attorney to prosecute a defendant for Possession With Intent To Distribute or for Cultivating Marijuana. If the weight is 24 grams or less for sale; it is an A Misdemeanor. If the weight is 25 grams to 4 ounces it is a C Felony and is punishable by a sentence of 1 1/3 to 4 years in prison as long as it is the defendant's first felony. If the weight is 4 ounces to one pound with intent to sell, the criminal charge is a D Felony.

Because of the Laws, defending marijuana cases can be complicated especially when it involves determining the legitimacy of the search conducted by the police. A lack of a search warrant or probable cause can set lead to a dismissal of the marijuana possession charge. That's why it is so important to have a highly skilled New York Marijuana defense who is experienced in handling marijuana cases. The Drug Lawyers at Stephen Bilkis & Associates have professionally handled numerous marijuana cases for our clients. Our Marijuana possession Lawyers offer a free consultation to anyone who has been charged with a drug possession charge including Marijuana Possession. If you have been criminally charged with a Marijuana possession crime call us at 1-800-NY-NY-LAW. We have convenient locations though New York City, Long Island including Manhattan, Queens, The Bronx, Brooklyn, Nassau County and Suffolk County.