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New York Marijuana Frequently Asked Questions

Can I get arrested for carrying marijuana in New York?

In New York there are laws related to the possession of marijuana which are separate and somewhat more lenient than the laws related to possessing controlled substances. In fact, carrying less than 25 grams of marijuana is not considered a crime, but a violation. You are not likely to face criminal charges, but will be given a violation and a small fine. The first offense results in a $100 penalty, but is doubled for a second offense. If the defendant is found possessing marijuana a third time, he or she will face up to 15 days in jail.

What if I have more than a small amount of marijuana in New York?

As with the laws related to the possession of controlled substances, the laws related to the possession of marijuana are related to amount involved. Amounts over 8 ounces will result in a felony charge.

  • 25 grams to 2 ounces: Possession of marijuana in the 5th degree. Class B misdemeanor. Up to three months in prison and a $500 fine.
  • 2 - 8 ounces: Possession of marijuana in the 4th degree. Class A misdemeanor. Up to one year in prison and a $1,000 fine.
  • 8 ounces - 1 pound: Possession of marijuana in the 3rd degree. Class E felony. Up to four years in prison and a $5,000 fine.
  • 1 - 10 pounds: Possession of marijuana in the 2nd degree. Class D felony. Up to seven years in prison and a $5,000 fine.
  • Over 10 pounds: Possession of marijuana in the 1st degree. Class C felony. Up to 15 years in prison and a $5,000 fine.
What about medical marijuana in New York?

In New York those who suffer serious illnesses may access medical marijuana from state approved dispensaries. Before doing so the patient must apply and get approve for the medical marijuana program. New York’s medical marijuana laws are some of the strictest in the United States, having multiple restrictions on how an approved person can purchase medical marijuana. First, the patient must receive approval from a licensed physician or nurse practitioner, and only patients with specific illnesses will be approved. Patients must register with New York’s medical marijuana program. Approved and registered patients are not permitted to purchase more than a 30-day supply. Medical marijuana is available only the form of liquid, oil, or capsule. Under the medical marijuana rules, smoking marijuana is prohibited. Because people who are approved to purchase medical marijuana are only permitted to purchase it from state-approved dispensaries, purchasing obtaining in a different way may subject the person to criminal charges under New York’s possession of marijuana rules.

Which medical conditions qualify for New York’s medical marijuana program?

Patients with the following conditions may be approved for the medical marijuana program:

  • Cancer
  • HIV/AIDS
  • ALS (Lou Gehrig's disease)
  • Parkinson's Disease
  • Epilepsy
  • Multiple sclerosis
  • Spasticity
  • Inflammatory bowel disease
  • Neuropathies
  • Huntington's disease
  • Chronic pain
Contact the Law Offices of Stephen Bilkis & Associates

If you have been arrested for possession of marijuana, you should immediately seek legal guidance from someone with experience. Even a misdemeanor conviction will result in a criminal record, and will impact the rest of your life. The attorneys at the Law Offices of Stephen Bilkis & Associates have years of experience successfully defending clients in New York criminal courts who have been charged with marijuana offenses and other drug crimes. Contact a marijuana possession attorney serving New York at 800.NY.NY.LAW (800.696.9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of crimes in the following locations: Queens, Suffolk County, Nassau County, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, and Westchester County.

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