Brooklyn Marijuana Possession Defense
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A Brooklyn Marijuana Possession Lawyer can explain that Marijuana Possession is a frequently seen charge in New York. This drug has been in the spotlight in the recently because it has been legalized in 15 states for medical purposes. Due to these new laws, many are no unclear as to what is considered legal and illegal. Many believe that carrying a small amount of this drug is now legal. The truth is, if you are found with smaller amounts of this drug, it is considered a violation rather than a criminal offense. If you have been charged with drug possession, whether it is for marijuana, or a charge of Heroin Possession or cocaine possession, it is important to get prompt legal guidance. Contact Stephen Bilkis & Associates, PLLC for sound legal advice and a free consultation.
A commonly seen charge is the Unlawful Possession of Marijuana, which is defined in New York Penal Law 221.05.This law applies if the defendant is in possession of an amount of cannabis no greater than 25 grams. This offense is classified as a violation, not a crime.
Pursuant to NY Penal Law 221.10 (Criminal Possession of Marijuana in the 5th Degree) a defendant is guilty of this offense if they are found to be in possession of marijuana that is in plain sight, burning, in a public place, or more in an amount between 25 grams and 2 ounces. The crime is considered a B misdemeanor. If the amount is between 2 and 8 ounces, the crime is considered as an A misdemeanor.
Another frequently seen offense is Possession with Intent to Distribute or for Cultivating Marijuana. This crime involves the possession of up to 24 grams of marijuana that is for sale, and is considered as an A misdemeanor. Weights of cannabis between 25 grams to 4 ounces are classified as a C felony, and are punishable by 1 1/3 years to 4 years in prison (for a first offense). If the amount is between 4 ounces to 1 lb., it is considered a D felony.
A charge of Marijuana Possession can rise to a felony offense if the amount is 8 oz. or more. If you have been charged with a marijuana offense, it is important to speak to our legal team for advice. A new law has been passed with regard to felony possession charges; where a felony charge could be eligible for a program called “judicial diversion.” This would allow you to go to a drug treatment program rather than go to jail.
Our legal team can tell you that they often see search and seizure issues with these types of cases. There must always be probable cause present for a search to be legal. It is important to note that in some cases, a valid search warrant must be in the hands of police before a legal search can be conducted.
If there have been any errors committed with regard to a search and seizure issue, it is important to be aware that a qualified legal team may be able to get your charges reduced, or even dismissed.
The penalties involved with these charges can be substantial, so it is important to consult our team as soon as possible. When you come in, we will provide you with legal counsel as well as a free consultation. Whether you have been charged with drug cultivation, possession with Intent to Distribute or Marijuana Possession, we can help. We have offices located throughout New York City for your convenience including Manhattan, Staten Island, Queens, the Bronx and Brooklyn. We also have locations to serve you in Nassau County and Suffolk County on Long Island, as well as Westchester County. Contact us today to schedule your free consultation at 1.800.NY.NY.LAW.