NY Marijuana Laws

[Jim Finnel]

New York is known for tough drug laws. Being charged with possession of a controlled substance like marijuana can be quite serious. Know the facts, and get strong legal advice to protect yourself!

What is Marijuana Possession Under the Law of NY?

Elements of a Marijuana Possession Charge in New York State

The elements of the crime of possession of marijuana are the same as other drug possession charges under New York criminal law.

The amount of marijuana/pot is the biggest factor in the seriousness of the criminal charge against you.
Marijuana Possession Penalties

Possession of marijuana is an aggregate-weight offense under New York law.

The most serious marijuana possession offense is criminal possession of marijuana/marihuana (also known as CPM).

Criminal possession of of Marijuana in the first (1st) degree is a Class C felony. You can be facing many years in prison for a felony marijuana charge.

Any amount of pot smoked in public is a misdemeanor offense of Criminal Possession of Marijuana in the Fifth (5th) Degree, even a single partially smoked joint, which can mean a permanent criminal record.

What is Unlawful Possession of Marijuana?

The least serious, simple possession charge is called unlawful possession of marijuana (known as UPM), It is treated as a violation, not a misdemeanor.

Despite New York’s rigid penalties, the State treats “Unlawful Possession of Marijuana” as a non-criminal violation. The consequences of such a violation are not criminal. In other words, you will not have a criminal record if you are found in violation of being in Unlawful Possession of Marijuana.

However, you may be charged with a Misdemeanor if the amount found is of a certain weight. Hiring an experienced criminal lawyer may result in having the possession charge reduced to a mere violation.

Source: New York Marijuana Possession Laws - NY Marijuana Possession Penalties - New York Pot Criminal Defense Lawyer - NY Criminal Attorney

 

[smidey]

i've been arrested for UPM. it's nothing. at the most you'll spend a night in jail and maybe do some community hours or some bullshit like that. ny is pretty lax actually if you're caught with a few buds for your personal use. it's when you get into the bigger numbers, posession, intent for sale, that's when you're pretty much fucked.

 

[Nerdy Hippie]

I've had a cop just take my blunt and stomp it out then told me "Be on your way now"

 

[j212ave]

The Dt's In My Hood Be Fucking WITH us They be taking our blunts and weed and juss walk away while we are on the wall with our hands up

 

[RaysDad]

I grew up outside of Buffalo in a than small town called Lancaster. We were always paranoid about being busted no matter how much you had in your possession. When you went out in the evening to hang with friends or whatever I only carried what I could get rid of quick . I didn't like even carrying my pipe because I didn't want to loose it to some asshole cop. Many of my friends got popped and it turned there world upside down, jail-stiff fines job's lost it was a frigging nightmare. If I had been down to Fla. and brought back some weight of Colombian to sell I would never have it by or near my house. Looking back on it know it wasn't worth the hassle just to make a few bucks because I always would find other stuff to blow my earnings on. I'm glad I got out of there in 78 and I never looked back. A COMO PARK and ISLANDS Regular. RD