In New York, one is guilty of criminal possession of marihuana in the fourth degree when they knowingly and unlawfully possess one or more preparations, mixtures, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate (total) weight of more than two ounces. [PL 221.15]
As with Criminal Possession of Marihuana in the Fourth Degree, Criminal Possession of Marihuana in the Fifth Degree is an “aggregate” weight offense meaning that the weight of fillers and other non-drug substances is counted in the weight calculation. In other words, one is guilty of Criminal Possession of Marihuana in the Fourth Degree if they knowingly and unlawfully possess 56 grams of tea leaves mixed with one gram of marihuana. Moisture that adds to the overall aggregate weight is also counted.
As of November 15, 2010, Criminal Possession of Marihuana in the Fourth Degree is an A misdemeanor punishable as follows:
Up to one year imprisonment [Penal Law 60.01(3)(a) and 70.15(1)];
Intermittent Imprisonment;
A split sentence of up 60 days imprisonment with 3 years probation or a 1 year conditional discharge [Penal Law 60.01(2)(d)];
A split sentence of up to 4 months intermittent imprisonment with 3 years probation or on 1 year conditional discharge [Penal Law 60.01(2)(d)];
Three years probation [Penal Law 60.01(2)(a)(i) and 65.00];
Interim probation for one year (can extend beyond one year if defendant gets treatment) [CPL § 390.30(6)];
One year conditional discharge [Penal Law 60.01(2)(a)(i) and 65.05]; or
Unconditional discharge [Penal Law 60.01(3)(d) and 65.20(1)];
In addition to the above sentences, a fine of up to $1,000.00 or double the gain may also be imposed [Penal Law 60.01(2)(c), 60.01(3)(b), 60.01(3)(c), and 80.05];
The court must suspend the defendant’s driver’s license and may suspend his registration for up to 6 months [VTL 510(2)(b)(v);
Surcharges and other fees are mandatory [PL 60.35(1)(a)(ii); PL 60.35(6); PL 60.35(9)];
Restitution is possible.
The sentences for all offenses in New York change often. Please speak with an experienced criminal attorney if you are charged with any offense in New York to discuss any possible sentence. You can reach us at Tilem & Campbell toll free at 1-877-377-8666 or visit us on the web at www.tilemandcampbell.com.