Marijuana Possession: Let a Drug Possession Lawyer in Brooklyn Help

Across the country, the laws involving marijuana are constantly changing. An increasing number of states have legalized marijuana for both medical and recreational use, and many cities and states, including Brooklyn, New York, have “decriminalized” the possession of small amounts of pot even though it is still not “legal” to possess.  It is important to understand that there are still consequences for marijuana possession in New York, especially if you are caught holding a large quantity.

“Decriminalization” of Small Amounts of Marijuana

In New York, those caught in possession of less than 25 grams of dried marijuana flowers or buds commit a “violation,” not a “crime,” with fines and other possible penalties increasing for each subsequent offense:

  • 1st offense: $100 fine
  • 2nd offense: $200 fine
  • 3rd and subsequent offense within three years: $250 fine and/or up to 15 days in jail.

Even though possession of small amounts of marijuana has been decriminalized in Brooklyn and throughout New York City, if you smoke or consume any of that pot in public view, you may be charged with a Class B misdemeanor, punishable by a fine of $250 and up to 90 days in jail.

Possession of 25 Grams or More

Possession of 25 grams or more of marijuana remains a criminal offense in New York, with prison time a distinct possibility upon conviction for possession of larger amounts:

  • Between 25 grams - 2 ounces: a class B misdemeanor with fines of up to $500 and jail time of up to three months.
  • More than 2 ounces up to 8 ounces: a class A misdemeanor punishable by up to one year of imprisonment and a fine of up to $1,000. 
  • More than 8 ounces up to 1 pound: a class E felony punishable by prison time and a fine of up to $5,000.
  • More than 1 pound up to 10 pounds: a class D felony that can result in a prison sentence and fines of up to $5,000.
  • 10 pounds or more: a class C felony punishable by time in state prison and a fine of up to $15,000.

Possession of Hash or Hash Oil

Possession of hash or hash oil (BHO/wax), in any amount, remains a crime in New York. Possession of up to seven grams of hash or concentrates is a misdemeanor punishable by a year in jail and a fine of up to $1,000. Possession of larger amounts can result in felony charges and years behind bars.

If you are arrested for possession of marijuana, do not think that just because it is marijuana there are no consequences. A Brooklyn drug possession lawyer at Epstein & Conroy has extensive experience and a track record of success defending clients against drug possession charges of all kinds. Call us at (718) 852-6763 for a free consultation to discuss your case.

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