NEW YORK – UNLAWFUL POSSESSION OF MARIHUANA

Having an experienced New York drug attorney is essential to getting the best possible outcome for your drug charge. Experienced criminal defense lawyers that know how to fight drug cases know that there are substantial differences in the way Marijuana cases are treated (spelled Marihuana in the the New York State Penal Law) and the way other drugs are treated. New York State treats marihuana offenses differently that most other drug offenses. Most importantly, marihuana is not a controlled substance under New York law. Therefore, offenses involving marihuana are not subject to New York’s harsh controlled substance laws. In fact, marihuana offenses in New York are codified in their own separate Article in the New York State Penal Law (Article 221) while Controlled Substance offenses are codified in Article 220 of the New York Penal Law.
This does not mean that possession of large quantities, or distribution of marihuana are not serious offenses in New York – they are. However, simple possession of 25 grams or less of marihuana in New York is generally not a criminal offense. [PL 221.05 & 221.10]. That means you or your teenage child can be caught with almost an ounce of marihuana (with an ounce being 28 grams) and most likely will only be charged with the non-criminal violation of Unlawful Possession of Marijuana (UPM). [PL 221.05]. Unlawful Possession of Marijuana is a non-criminal violation punishable as follows:
Generally: A fine of not more than $100.00
If You Were Arrested
And Convicted For One
Controlled Substance
Offense Within The
Three Years Immediately
Preceding Your Current
Arrest for UPM A fine of not more than $200.00
If You Were Arrested
And Convicted For Two
Controlled Substance
Offense Within The
Three Years Immediately
Preceding Your Current
Arrest for UPM A fine of not more than two hundred fifty dollars or a term
of imprisonment not in excess of fifteen days
For more information about UPM, other marihuana offenses or controlled substance offenses in New York, please contact Tilem & Campbell toll free at 1-877-377-8666.