Common Mistakes When Facing Drug Charges
New York Marijuana Defense Lawyer
Misdemeanor Marijuana Possession Charges
As a New York Marijuana Defense Lawyer I know that criminal possession of marijuana in the fifth degree is a misdemeanor that can affect your future. If you are convicted for a misdemeanor marijuana charge this will result in a permanent criminal record, it is important to hire an experienced New York Marijuana Defense Lawyer. A person can be charged with criminal possession of marijuana when the marijuana is in a public place or in a combined weight of 25 grams and more. If this is a first time offender, the defendant may qualify for one marijuana-related adjournment and then given a contemplation of dismissal (ACD). New York Marijuana Defense Lawyer Carl Spector advises clients that even if they are eligible for an ACD, consulting with a New York Marijuana Defense Lawyer as to what your options are is the best way to protect your rights.
| Charge | Class | Jail Time | Max. Fine |
| 25 g or less (first offense) | Not Classified | N/A | $ 100 |
| 25 g or less (second offense) | Not Classified | N/A | $ 200 |
| 25 g or less (third offense) | Not Classified | 15 days | $ 250 |
| More than 25 g – 2 oz | Misdemeanor (B) | 3 months | $ 500 |
| More than 2 – 8 oz | Misdemeanor (A) | 1 year | $ 1,000 |
| More than 8 oz – 1 lb | Felony (E) | 4 years | $ 5,000 |
| More than 1 – 10 lbs | Felony (D) | 7 years | $ 5,000 |
| More than 10 lbs | Felony (C) | 15 years | $ 15,000 |
| In public view | Misdemeanor (B) | 90 days | $ 250 |
Sale
| Charge | Class | Jail Time | Max. Fines |
| 2 g or less without profit or 1 marijuana cigarette | Misdemeanor (B) | 3 months | $ 500 |
| 25 g or less | Misdemeanor (A) | 1 year | $ 1,000 |
| More than 25 g – 4 oz | Felony (E) | 4 years | $ 5,000 |
| More than 4 oz – 1 lb | Felony (D) | 7 years | $ 5,000 |
| More than 1 lb | Felony (C) | 15 years | $ 15,000 |
| Using a child to assist | Felony (E) | 4 years | $ 5,000 |
| To a minor | Felony (D) | 7 years | $ 5,000 |
| Trafficking* | Felony (A-I) | 15- 25 years | $ 100,000 |
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Misdemeanor Marijuana Distribution Charges
If you are charged with criminal sale of marijuana in the fifth degree and were caught selling an aggregate weight of two grams or less, or one cigarette containing marijuana. Penal Law 221.40 is criminal sale of marijuana in the fourth degree, which is an A misdemeanor. 221.45 is criminal sale of marijuana in the third degree, which is an E felony, and that’s when someone sells an aggregate weight of more than twenty-five grams. These charges are still considered a misdemeanor but will result in having a permanent criminal record.
Felony Marijuana Possession Charges
Possession of Eight Ounces or more of Marijuana Is a Class-E Felony Charge, while a class D Felony is possession of more than 16 ounces of marijuana in the second degree. New York Marijuana Defense Lawyer Carl Spector will advise his client that you can be charged for a class C felony in the first degree when the aggregate weight is more than ten pounds.
Felony Marijuana Distribution Charges
Criminal sale of marijuana in the second degree is a D felony, and that’s when the aggregate weight is more than four ounces or unlawfully sells a substance containing marijuana to someone who is younger than 18 years of age. Selling an aggregate weight of more than 16 ounces is a class C felony offense.
Arrested for Public Use of Marijuana
If you – either alone or with another individual – were smoking a joint while walking down a street or alleyway in the state of New York and have been charged with possession of marijuana, you may be entitled to an adjournment in contemplation of dismissal. New York has legalized marijuana – but only for those who have a legalization card allowing them to possess marijuana because of a specific medical condition. For the rest of us, it’s still an offense under the law. You can be charged with either 221.05 or 221.10 of the Penal Law and criminal possession of marijuana
Obtaining an ACD for a Marijuana Conviction
If you’re arrested for possession of marijuana in the state of New York, you face a decriminalized violation and may be entitled to an adjournment and contemplation of dismissal (referred to as an ACD or an ACOD). In certain circumstances however, such as if you have a prior ACD or ACOD, you may not be eligible.
Driving While Ability Impaired by Marijuana
In the state of New York, you can be charged with driving while impaired by drugs if the police were under the impression that you smoked marijuana prior to operating a motor vehicle. Those cases are somewhat difficult for the police to prove, and they ordinarily try to elicit a confession by asking if you were smoking marijuana. In certain instances, the police indicate on their reports that they smelled marijuana, but it is important to remember that smell might have come from another person or it may have been in the car before you got into it. Cases involving charges of driving while ability impaired because of marijuana are quite interesting. They’re quite difficult and quite challenging – not only for the prosecutor, but also for your attorney.
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If you have been arrested for possession or distribution of marijuana in New York, contact an experienced New York Marijuana Defense Lawyer who will fight to defend your future.