Manhattan Marijuana Possession Defense
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A Manhattan Marijuana Possession Defense Lawyer will tell you that Marijuana Possession is quite common in New York. Marijuana has become legal in many states when used for medical purposes. This has created a lot of confusion surrounding marijuana use, and some are even under the mistaken impression that possession of a small amount is legal.
The charge of Unlawful Possession of Marijuana is set out in New York Penal Law 221.05, and applies when the amount involved is 25 grams or less. This charge is considered a violation in New York, and not a criminal offense.
A Manhattan Marijuana Possession Defense Lawyer will tell you that a common charge with regard to marijuana is Criminal Possession of Marijuana in the 5th Degree (New York Penal Law 221.10). This law will apply when a defendant possesses marijuana in a public place, plain view, or burning, or there is more than 25 grams involved, but no more than 2 ounces. This crime is a B misdemeanor. If the amount of marijuana is more than 2 ounces, but not over 8 ounces, it is an A misdemeanor.
Possession with Intent to Distribute or Cultivating Marijuana involves the possession of 24 grams (or less) of marijuana for sale. This offense is considered an A misdemeanor. If the marijuana is more that 24 grams but not over 4 ounces, the offense is a C felony. This crime is punishable by 1 1/3 years to 4 years in prison if it was the defendant’s first felony. If the amount of marijuana involved was over 4 ounces up to one pound, the crime is a D felony.
Generally, if the amount of the marijuana involved is over 8 ounces, the crime can rise to a felony. A marijuana charge can be serious, and it is important to speak with a New York Drug Crime Lawyer from our office for guidance. New laws have been passed where felony drug charges can be eligible for judicial diversion. This means that if convicted, you could be ordered into a drug treatment program rather than spending time in jail.
Penalties for Marijuana Possession and other related charges can be serious, and it is important to consult with a qualified Manhattan Marijuana Possession Defense Lawyer from Stephen Bilkis & Associates, PLLC for guidance. With your first visit, we will provide you with legal counsel and a free case consultation. Whether you have been charged with Cocaine Possession, possession with intent to distribute, or Drug Cultivation, we can help ensure that your rights are protected. We have offices to serve you throughout New York including Nassau County and Suffolk County on Long Island, as well as Westchester County. In New York City, we have offices to serve you in Manhattan, the Bronx, Brooklyn, Queens and Staten Island. Contact us today at 1.800.NY.NY.LAW.