Under New York Penal Code § 221.50 criminal sale of marihuana in the second degree is one of 3 felony sale of marihuana offenses. There are two ways that you can violate this statute. The first way is to sell between 4 and 16 ounces of marihuana. The second way is to sell any amount of marihuana to someone who is less than 18 years old. For the purposes of this statute "marihuana" includes the following as long as it contains marihuana:
Keep in mind that the New York criminal code has a very broad definition of the term "sell." You can be convicted under this statute even if you do not exchange the marihuana for cash. Under New York Penal Code § 220.001(1) the definition of selling also means to exchange, give or dispose or to another, or to offer or agree to do so. Thus, you can be convicted under the criminal sale of marihuana in the first degree even if the "sale" was not completed, or even if you did not receive anything in exchange for handing marihuana to another person
ExampleWhile under police surveillance, a man walks up to a woman and asks to buy a bag of marihuana. The man gives the woman cash and the woman hands him a couple of baggies that appears to contain marihuana. The police arrest the woman and charge her with criminal sale of marihuana. If the police determine that the amount in the bag of marihuana was at least 4 ounces, the woman could face a fourth degree criminal sale of marihuana charge.
Related OffensesIf you can show that the amount of marihuana involved in the incident was less than 4 ounces, then the prosecutor would have to dismiss or lower the charge. Many arrests related to selling marihuana or other drugs involve the use of undercover police officers or confidential informants (CI) initiating a drug buy. If the undercover officer or CI is too aggressive in initiating the buy, you may have an entrapment defense.
SentenceBecause criminal sale of marihuana in the second degree is a class D felony if you are convicted your possible sentence will be up to 7 years in prison. You actual sentence will depend on a number of factors including your prior criminal history. If you have been previously convicted of a felony your sentence will be longer than if this is your first offense. In addition there may be financial consequences to a criminal sale of marihuana in the second degree conviction. The judge may order you to pay a fine, and you will have to be various fees associated with being convicted of a crime in New York.
New York Penal Code § 221.50: Criminal sale of marihuana in the second degreeA person is guilty of criminal sale of marihuana in the second degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than four ounces, or knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana to a person less than eighteen years of age.
Contact the Law Offices of Stephen Bilkis & AssociatesBeing convicted of criminal sale of marihuana in the second degree is serious as the sentence that you face could be several years in prison, plus a significant fine. For this reason it is critical that you are represented by an attorney who has experience representing those accused of crimes related to marihuana. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been accused of marijuana possession, marijuana distribution, as well as other drug crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of drug crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.