Cannabis Crimes in New York – Penal Law Article 222
On March 31, 2021, then-Governor Andrew Cuomo signed the Marihuana Regulation and Taxation Act into law. The effect of this law was to legalize the possession of up to three ounces of marijuana or up to 24 grams of marijuana concentrate for adults aged 21 and older. The legalization of marijuana in New York for recreational use does not, however, mean that there are no longer any cannabis crimes in New York. Existing laws have merely been updated to reflect the changes made by the new cannabis law. The previous Article 221 of the New York Penal Code, covering “offenses involving marihuana,” was repealed and replaced with an updated list of offenses in a new Article 222. New York still has many misdemeanor and felony offenses related to the possession or sale of cannabis in the Empire State, some of which could lead to years in prison on a conviction.
Below is a look at the current state of New York cannabis laws. If you’ve been arrested for possession or sale of cannabis or other marijuana offenses in New York or the Hudson Valley, call the skilled and experienced drug crime defense attorneys at Dupée & Monroe for immediate assistance in obtaining a successful outcome in your favor.
Marijuana Possession Offenses
Despite the recent law legalizing the possession of cannabis for recreational purposes, several possession offenses still exist. These include both misdemeanor and felony offenses. As with other drug crimes, the amount of drugs by weight is the prime factor in determining what level of offense can be charged. Current marijuana possession offenses in New York include the following:
222.25 Unlawful possession of cannabis
It is unlawful to knowingly and unlawfully possesses more than three ounces of cannabis or more than 24 grams of concentrated cannabis. Possessing lesser amounts is lawful under the new law. Violation of section 222.25 is a violation punishable by a fine of up to $125. A violation is not a crime; there is no potential for jail time, and no criminal record is created.
222.30 Criminal possession of cannabis in the third degree
It is illegal to knowingly and unlawfully possess more than 16 ounces of cannabis or more than five ounces of concentrated cannabis. Violation of 222.30 is a Class A misdemeanor, punishable by up to a year in jail and up to $1,000 in fines.
222.35 Criminal possession of cannabis in the second degree
It is illegal to knowingly and unlawfully possess more than five pounds of cannabis or more than two pounds of concentrated cannabis. Violation of 222.35 is a Class E felony, punishable by one and a half to four years in prison and up to $5,000 in fines.
222.40 Criminal possession of cannabis in the first degree
It is illegal to knowingly and unlawfully possess more than ten pounds of cannabis or more than four pounds of concentrated cannabis. Violation of 222.40 is a Class D felony, punishable with between one to three and seven years in prison and up to $5,000 in fines.
Marijuana Sale Offenses
Crimes involving the unlawful sale of cannabis follow along the same lines as the possession offenses described above, although the penalties are steeper.
222.45 Unlawful sale of cannabis
One who knowingly and unlawfully sells cannabis or concentrated cannabis can be found guilty of a violation punishable by up to a $250 fine.
222.50 Criminal sale of cannabis in the third degree
One who knowingly and unlawfully sells more than three ounces of cannabis or more than 24 grams of concentrated cannabis can be found guilty of a Class A misdemeanor. Also, someone who, being 21 or older, sells or gives cannabis to a person under 21 violates this provision of the law, provided the defendant is 21 or older and three or more years older than the person who bought or received the cannabis.
222.55 Criminal sale of cannabis in the second degree
One who knowingly and unlawfully sells more than 16 ounces of cannabis or more than five ounces of concentrated cannabis, or who gives or sells cannabis to a person under 21 while being 21 or older and three or more years older than the person who bought or received the cannabis, can be found guilty of a Class E felony.
222.60 Criminal sale of cannabis in the first degree
One who knowingly and unlawfully sells more than five pounds of cannabis or more than two pounds of concentrated cannabis can be found guilty of a Class D felony.
222.65 Aggravated criminal sale of cannabis in the first degree
One who knowingly and unlawfully sells 100 pounds or more of cannabis or concentrated cannabis can be found guilty of a Class C felony, punishable by three and a half to 15 years in prison.
Call Dupée & Monroe in Goshen for Defense of Drug Charges in New York and the Hudson Valley
The change in the law legalizing recreational marijuana might actually create more confusion among the police and the public regarding what is legal and what isn’t, leading to more police encounters rather than fewer than before. Contacting an experienced and zealous criminal defense lawyer at the earliest opportunity is still your best chance for a positive result. Every charge of illegal possession or sale has multiple defenses that might apply, and a skilled and knowledgeable defense attorney will aggressively pursue all available avenues for the best result. If you have been arrested for a cannabis crime or other drug crime in New York or the Hudson Valley, call the dedicated criminal defense attorneys of Dupée & Monroe in Goshen at 845-294-8900.
