Marijuana (referred to as Marihuana in Article 221 of the New York State Penal Law) offenses are among the most common in Nassau County, Suffolk County and the 5 Boroughs of New York City. Although simple possession of marijuana is legal today in a number of states, that is not the case is New York State. A marijuana arrest in Nassau County or Suffolk County can lead to misdemeanor or even felony charges, depending on the facts of the case.
S 221.00 Marihuana; definitions.
Unless the context in which they are used clearly otherwise requires,
the terms occurring in this article shall have the same meaning ascribed
to them in article two hundred twenty of this chapter.
S 221.05 Unlawful possession of marihuana.
A person is guilty of unlawful possession of marihuana when he
knowingly and unlawfully possesses marihuana.
Unlawful possession of marihuana is a violation punishable only by a
fine of not more than one hundred dollars. However, where the defendant
has previously been convicted of an offense defined in this article or
article 220 of this chapter, committed within the three years
immediately preceding such violation, it shall be punishable (a) only by
a fine of not more than two hundred dollars, if the defendant was
previously convicted of one such offense committed during such period,
and (b) by a fine of not more than two hundred fifty dollars or a term
of imprisonment not in excess of fifteen days or both, if the defendant
was previously convicted of two such offenses committed during such
period.
S 221.10 Criminal possession of marihuana in the fifth degree.
A person is guilty of criminal possession of marihuana in the fifth
degree when he knowingly and unlawfully possesses:
1. marihuana in a public place, as defined in section 240.00 of this
chapter, and such marihuana is burning or open to public view; or
2. 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 twenty-five grams.
Criminal possession of marihuana in the fifth degree is a class B misdemeanor.
S 221.15 Criminal possession of marihuana in the fourth degree.
A person is guilty of criminal possession of marihuana in the fourth
degree when he knowingly and unlawfully possesses 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 two ounces.
Criminal possession of marihuana in the fourth degree is a class A misdemeanor.
S 221.20 Criminal possession of marihuana in the third degree.
A person is guilty of criminal possession of marihuana in the third
degree when he knowingly and unlawfully possesses 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 eight ounces.
Criminal possession of marihuana in the third degree is a class E felony.
S 221.25 Criminal possession of marihuana in the second degree.
A person is guilty of criminal possession of marihuana in the second
degree when he knowingly and unlawfully possesses 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 sixteen ounces.
Criminal possession of marihuana in the second degree is a class D felony.
S 221.30 Criminal possession of marihuana in the first degree.
A person is guilty of criminal possession of marihuana in the first
degree when he knowingly and unlawfully possesses 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 ten pounds.
Criminal possession of marihuana in the first degree is a class C felony.
S 221.35 Criminal sale of marihuana in the fifth degree.
A person is guilty of criminal sale of marihuana in the fifth degree
when he knowingly and unlawfully sells, without consideration, one or
more preparations, compounds, mixtures or substances containing
marihuana and the preparations, compounds, mixtures or substances are of
an aggregate weight of two grams or less; or one cigarette containing
marihuana.
Criminal sale of marihuana in the fifth degree is a class B misdemeanor.
S 221.40 Criminal sale of marihuana in the fourth degree.
A person is guilty of criminal sale of marihuana in the fourth degree
when he knowingly and unlawfully sells marihuana except as provided in
section 221.35 of this article.
Criminal sale of marihuana in the fourth degree is a class A misdemeanor.
S 221.45 Criminal sale of marihuana in the third degree.
A person is guilty of criminal sale of marihuana in the third 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 twenty-five grams.
Criminal sale of marihuana in the third degree is a class E felony.
S 221.50 Criminal sale of marihuana in the second degree.
A 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.
Criminal sale of marihuana in the second degree is a class D felony.
S 221.55 Criminal sale of marihuana in the first degree.
A person is guilty of criminal sale of marihuana in the first 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 sixteen ounces.
Criminal sale of marihuana in the first degree is a class C felony.
If you are arrested for violating a section of 221.05, 221.10, 221.15, 221.35, or 221.40 of the Penal Law, you may be eligible for an Adjournment in Contemplation of Dismissal pursuant to Section 170.56 of the Criminal Procedure Law (also referred to as the CPL) provided that have not previously been (a) granted an adjournment in contemplation of dismissal pursuant to CPL Section 170.56, (b) granted a dismissal pursuant to CPL Section 170.56, (c) convicted of any offense involving controlled substances, (d) convicted of a crime, or (e) adjudicated a youthful offender on the basis of any act or acts involving a controlled substance.
If you have been arrested for Sale and/or Possession of Marijuana or know you are being investigated by Local, State or Federal authorities for the same, you need highly skilled criminal defense attorney on your side. Call Michael A. Arbeit, P.C. immediately for a free and confidential consultation.