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Saturday, June 18, 2011

New York Marijuana Laws

I'm going to be posting US state laws mostly so there is no misconception of what is legal an what isn't. However it is not these laws are not to be used as the basis of any illegal action. Just because X amount of grams won't get jail time doesn't mean you should be careless.

As a New Yorker this had to be my first post on state laws. So lets begin.
Is there a Medical Program? No
Is it Decriminalized? Yes
Possession of 25 grams or less (first offense) is a civil citation punishable by a fine of $100, no criminal charge.

Possession of less than 25 grams, second offense, is also not a crime, and carries a fine of $200.

Possession of less than 25 grams, third offense, is a misdemeanor, punishable by 5 days in jail and/or a $250 fine.

Possession of 25 grams to 2 oz is a misdemeanor, punishable by 3 months and a $500 fine.

Possession of 2 to 8 oz is a class A misdemeanor, punishable by 1 year in jail and/or a $1,000 fine.

Possession of 8 to 16 oz (first felony) is a class E felony, punishable by 1-4 years in prison and a $5,000 fine. If it is the second offense, the jail time is 3-4 years with a mandatory ½ time jail sentence.

Possession of 1 to 10lbs (first felony) is a class D felony, punishable by 1-15 years in prison and/or a $5,000 fine. If it is the second offense, it is mandatory to serve at least ½ of the sentence.

Possession of more than 10lbs (first felony) is a class C felony, punishable by 1-15 years in prison and/or a $5,000 fine. If it is the second offense, it is mandatory to serve at least ½ of the sentence.

The distribution or cultivation of 2 oz or less with no compensation is a class B misdemeanor, and is punishable by 3 months in jail and/or a $500 fine.

The distribution or cultivation of 25 grams or less for compensation is a class A misdemeanor, and is punishable by 1 year in jail and/or a $1,000 fine.

The distribution or cultivation of 25 grams to 4 oz (first felony) is a class E felony, punishable by 1-4 years in prison, and a $5,000 fine. If it is the second felony, there is a 3-4 year prison sentence, with a mandatory ½ time served.

The distribution or cultivation of 4 to 16 oz (first felony) is a class D felony, punishable by 1-7 years in prison and a $5,000 fine. You can get probation if you have no prior felony on your record.

The distribution or cultivation of 1lb to 10lb (first felony) is a class C felony, punishable by 1-15 years in prison and/or a $5,000 fine. If it is a second felony, the offender must serve at least half of the sentence.

The distribution or cultivation of 10lbs or more (first felony) is a class C felony, punishable by 1-15 years in prison and/or a $5,000 fine. If it is a second felony, the offender must serve at least half of the sentence.

The sale of any amount to a minor (first felony) is a class D felony, punishable by 1-7 years in prison and a $5,000 fine, in addition to the other related distribution charges.

Possession of ‘dirty’ paraphernalia is a misdemeanor punishable by 1 year in jail and a $1,000 fine.

Possession of any amount which is burning or open to public view is a class B misdemeanor, punishable by up to 3 months in jail and a $500 fine.
New York Marijuana Law

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