New York Marijuana Possession
If you have been reading the news lately, you probably have noticed that there has been a lot of controversy surrounding the legalization of marijuana. Under the current law, Marijuana Possession (in small amounts) has been decriminalized. If a defendant is found to be in possession of 25 grams or less and is a first time, or second time offender, you can be charged with a violation. This means that while you will still be expected to address the matter and appear in court, it is not considered a crime. If you are found in possession of 25 grams or less and have more than two priors, or are caught burning it in public view (any amount), or possess over 35 grams but less than 2oz. you can be charged with a B misdemeanor offense. This can be punishable by up to three months incarceration, monetary fines and probation. If you are in possession of more than 2 oz. but less than 8 oz., you can be charged with an A misdemeanor. Being charged with Marijuana Possession can be a stressful experience. Depending on the quantities involved, you could be facing stiff penalties. Whether you have been charged with Marijuana Possession, Heroin Possession, a DWAI or DWI, we are here to help. Speak with a New York Criminal Lawyer from Elliott Adler, P.C. for advice and legal support.
The higher the amount of marijuana involved, the more serious the penalties. Also, the District Attorney will be more apt to charge a defendant with Possession with intent to distribute if there is a large amount involved. If you are caught with 24 grams or less and it is for sale, it is classified as an A misdemeanor. If the weight is between 25 grams and 4 oz., it is considered a C felony, which can be punishable by 1 1/3 to up to 4 years in prison. This is provided it is the defendant’s first felony. If the amount involved is between 4 oz. and one pound, it is considered a D felony.
A New York Marijuana Possession Lawyer can tell you that often these cases are difficult to defend. However, there may be questions as to the legitimacy of the search and seizure by police, for instance. It is possible that if there was not an adequate search warrant, or there was not probable cause, it could mean a dismissal for the defendant.
Speak with a New York Marijuana Possession Lawyer from Elliott Adler, P.C. for advice and guidance. We will explain the criminal charges you are facing, and create a sound defense strategy that protects your interests. When you come in, your first appointment will be completely free. Call us today at 212.785.1300. We handle marijuana possession cases in New York City including Queens, Manhattan, the Bronx, Brooklyn, and Staten Island as well as in Nassau County and Suffolk County on Long Island, and Westchester County.