New York Marijuana Laws - Cannabis Legal Status in New York
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Possession | |||
25 g or less (first offense) | civil citation | none | $100 |
25 g or less (second offense) | civil citation | none | $200 |
25 g or less (3rd offense) | misdemeanor | 5 days and/or fine | $250 |
25 g to 2 oz* | misdemeanor | 3 months | $500 |
2 to 8 oz | class A misdemeanor | 1 year and/or fine | $1,000 |
8 to 16 oz (first felony) | class E felony | 1-4 years and/or fine, if second offense- 3-4 years (mandatory ½ jail sentence) |
$5,000 |
16 oz to 10 lbs (first felony) | class D felony | 1 - 15 years and/or fine, if 2nd offense mandatory ½ jail sentence |
$5,000 |
More than 10 lbs (first felony) | class C felony | 1 - 15 years and/or fine, if 2nd offense mandatory ½ jail sentence |
$5,000 |
*Includes any amount in public where marijuana is burning or open to public view. | |||
Sale or Cultivation | |||
2 oz or less gift | class B misdemeanor | 3 months and/or fine | $500 |
24 g sale | class A misdemeanor | 1 year and/or fine | $1,000 |
25 g to 4 oz (first felony) | class E felony |
1 - 4 years, |
$5,000 |
4 to 16 oz (first felony) | class D felony |
1-7 years |
$5,000 |
16 oz to 10 lbs (first felony) | class C felony |
1-5 years and/or fine, |
$5,000 |
10 lbs or more (first felony) | class C felony |
1-15 years and/or fine |
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Sale to a minor (first felony) | class D felony | 1 - 7 years | $5,000 |
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) | |||
Paraphernalia possession (must be dirty paraphernalia) | misdemeanor | 1 year | $1,000 |
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Possession of 25 grams or less of marijuana is punishable by a fine of $100 for the first offense. For the second offense, the penalty increases to a $200 fine and for subsequent offenses the fine increases to $250 and a maximum of 15 days in jail time may be imposed. For possession of greater than two ounces, the penalty increases to a possible one year in jail and a fine up to $1,000. Possession of greater than eight ounces increases the penalties to a possible one to one and a half years in prison and a fine up to $5,000. The penalties for possession of greater than 16 ounces are one to two and a half years in prison and a fine up to $5,000. For possession of any amount greater than 10 pounds, the penalty is one to five and half years in prison and a fine up to $5,000. Delivery or manufacture of two grams or less of marijuana for no remuneration is punishable by up to three months in jail and a fine up to $500. For delivery or manufacture of 25 grams or less, the penalty is up to one year in jail and a fine up to $1,000. For amounts greater than 25 grams, the penalty increases to one to one and a half years in jail and a fine up to $5,000. Delivery or manufacture of greater than four ounces is punishable by one to two and a half years in prison and a fine up to $5,000. For any amount greater than 16 ounces, the penalty increases to one to five and a half years in prison and a fine up to $5,000. Any sale or delivery to a minor is punishable by one to two and a half years in prison and a fine up to $5,000. Possession or sale of paraphernalia is punishable by up to one year in jail or a fine up to $1,000. |
Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.
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