New York State Law

Penal Law

Consolidated Laws of New York's Penal code

  Search Penal Laws

NY Law Penalties - Marihuana Offenses

MARIHUANA LAW PENALTY GUIDE

Yes, it's spelled correctly. Common spelling is 'Marijuana' but the Penal Code spells it 'Marihuana'
Offense Penalty Jail Fine
POSSESSION
25 g or less (first offense) Not Classified N/A $ 100
25 g or less (second offense) Not Classified N/A $ 200
25 g or less (third offense) Not Classified 15 days $ 250
More than 25 g - 2 oz Misdemeanor 3 months $ 500
More than 2 - 8 oz Misdemeanor 1 year $ 1,000
More than 8 oz - 1 lb Felony 4 years $ 5,000
More than 1 - 10 lbs Felony 7 years $ 5,000
More than 10 lbs Felony 15 years $ 15,000
In public view Misdemeanor 90 days $ 250
Offense Penalty Jail Fine
SALE
2 g or less without profit or 1 marihuana cigarette Misdemeanor 3 months $ 500
25 g or less Misdemeanor 1 year $ 1,000
More than 25 g - 4 oz Felony 4 years $ 5,000
More than 4 oz - 1 lb Felony 7 years $ 5,000
More than 1 lb Felony 15 years $ 15,000
Using a child to assist Felony 4 years $ 5,000
To a minor Felony 7 years $ 5,000
Offense Penalty Jail Fine
TRAFFICKING
Any amount Felony 15* - 25 years $ 100,000
* Mandatory minimum sentence
Offense Penalty Jail Fine
CULTIVATION
Any amount* Misdemeanor 1 year $ 1,000
* Cultivating marijuana is also possessing marijuana under current case law.
Offense Penalty Jail Fine
HASH and CONCENTRATES
Possession of less than 1/4 oz Misdemeanor 1 year $ 1,000
Possession of 1/4 - less than 1 oz Felony 7 years $ 5,000
Possession of 1 oz or more Felony 15 years $ 15,000
Sale Felony 15 years $ 15,000
Offense Penalty Jail Fine
PARAPHERNALIA
Possession or sale of scales or balances for the purpose of weighing or measuring marijuana Misdemeanor 1 year $ 0
Subsequent offense Felony 7 years $ 5,000
CIVIL ASSET FORFEITURE
Property can be seized if convicted of a felony.
MISCELLANEOUS
Mandatory driver's license suspension of 6 months for youthful offenders.

This information is ONLY a GUIDE and is subject to change.
READERS SHOULD CONSULT WITH A QUALIFIED ATTORNEY.

Law Reference

Marijuana and its synthetic "equivalents" are considered Schedule I hallucinogenic substances under New York Public Health Law. Synthetic equivalents include resinous extracts and derivatives with similar chemical properties.

Penalty Details
  • Penal Law 220.34 - Sale of any amount of Concentrated Cannabis is a class C Felony subject to no more than 15 years imprisonment and a fine not to exceed $15,000.

  • Penal Law 220.44 - Sale of any amount of Concentrated Cannabis on a school bus, on the grounds of a child day care or educational facility, or in a publically accessible area within 1000 feet of the real property line of such a facility is a class B Felony subject to no more than 25 years imprisonment and a fine not to exceed $30,000.

  • Penal Law 220.48 - Sale of any amount of Concentrated Cannabis by a person 21 years old or more to a person 17 years old or younger is a class B Felony subject to no more than 25 years imprisonment and a fine not to exceed $30,000.

  • Penal Law 220.50 - Possession or sale of scales or balances for the purpose of weighing or measuring marijuana is a class A misdemeanor and is punishable by up to 1 year of imprisonment. Any subsequent conviction of possession or sale of paraphernalia is a class D felony and is punishable by up to 7 years imprisonment and a fine of up to $5000.

  • Penal Law 480.05 - If convicted of a felony offense the following may be forfeited, unless the forfeiture would be disproportionate from what the defendant gained from the offense: the proceeds from the offense, instruments used in the offense (including a car).

Penal Law - Table of Contents

Penal Law Index | Article Index | Penal Offenses | Search Phrases | Popular Articles | Law Terms
Part 1 | Part 2 | Part 3 | Part 4 | 01 | 05 | 10 | 15 | 20 | 25 | 30 | 35 | 40 | 55 | 60 | 65 | 70 | 80 | 85 | 100 | 105 | 110 | 115 | 120 | 121 | 125 | 130 | 135 | 140 | 145 | 150 | 155 | 156 | 158 | 160 | 165 | 170 | 175 | 176 | 177 | 178 | 179 | 180 | 185 | 187 | 190 | 195 | 200 | 205 | 210 | 215 | 220 | 221 | 225 | 230 | 235 | 240 | 241 | 242 | 245 | 250 | 255 | 260 | 263 | 265 | 270 | 275 | 400 | 405 | 410 | 415 | 420 | 450 | 460 | 470 | 480 | 485 | 490 | 496 | 500

Disclaimer: While every effort has been made to ensure that the information contained in this site is accurate and current, readers should consult with a qualified attorney before acting on any such information. No liability is assumed by YPDcrime.com for any losses suffered directly or indirectly by any person relying on the information because its accuracy cannot be guaranteed.