Bronx Marijuana Possession Defense
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A Bronx Marijuana Possession Lawyer can explain that the matter of marijuana possession has become very confusing. Marijuana has been in the media lately because it has become legal for medical purposes in 15 states thus far. Because of this change, it has become unclear to the general public as to what is legal and illegal. Many have the understanding that carrying a small amount of cannabis is legal. This is incorrect. If you are found to be in possession of a small amount of this drug it is considered a violation rather than a crime. If you have been charged with a drug offense, it is important to seek legal guidance as soon as possible. If you are convicted, you could be facing very serious penalties including jail time, fines and probation. Speak to the legal team at Stephen Bilkis & Associates, PLLC for guidance and a free consultation.
A commonly seen charge with relation to marijuana is the Unlawful Possession of Marijuana, pursuant to NY Penal Code 221.05. This code section will apply if the amount of the drug involved is less than 25 grams. This offense is classified as a violation.
Another commonly seen crime by our team is Criminal Possession of Marijuana in the 5th degree, which is defined in NY Penal Law 221.10. In this instance the defendant is guilty if they are found to be in possession of marijuana that is in plain view, in a public area, burning or is more deals with a quantity that is between 25 grams and 2 ounces. This offense is a B misdemeanor. If the amount is greater, between 2 and 8 ounces, it is an A misdemeanor.
The law states that with Possession with the Intent to Distribute or the Cultivation of Marijuana, the amount in question must be up to 24 grams. This crime is an A misdemeanor. The sale of any quantity of marijuana that is between 25 grams to 4 ounces is a C felony, punishable by up to four years in prison. If the quantity is between 4 ounces to up to one pound, it is a D felony offense.
If you are found to be in possession of marijuana that is over 8 ounces, it is considered a felony offense. If you have been charged with drug possession, it is important to consult with our legal team right away. It is important to know there are new laws in effect for felony marijuana charges, where you could be eligible for a judicial diversion program. This would allow you to attend a drug treatment program rather than go to jail.
If you have been arrested, you are well aware how frightening and embarrassing this can be. You may have been arrested by a plain clothes officer, or one in uniform. You may have been searched, given a Miranda warning and handcuffed. You were likely booked at the local precinct, fingerprinted, photographed and issue a desk appearance ticket (DAT).
Often times drug possession cases involve search and seizure or procedural issues. It is important to be aware that in order to legally stop and search of a defendant, there must be probable cause present. In some instances a search warrant will be required, depending on the circumstances of the case. If there were any procedural irregularities, it is very important to speak with legal counsel. There may be cause to have your charges lessened, or perhaps dismissed entirely.
Contact our legal team today. We will provide you with sound legal guidance and a free consultation with your first visit. We have office locations to serve you throughout New York, including location in the Bronx, Manhattan, Queens, Staten Island and Brooklyn. We also have locations available in Suffolk County and Nassau County on Long Island, as well as Westchester County. Contact us today at 1.800.NY.NY.LAW.