New York State Law
Penal Law
Consolidated Laws of New York's Penal code
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 |
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| 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 |
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| 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 |
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| Any amount | Felony | 15* - 25 years | $ 100,000 |
| * Mandatory minimum sentence | |||
| Offense | Penalty | Jail | Fine |
CULTIVATION |
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| Any amount* | Misdemeanor | 1 year | $ 1,000 |
| * Cultivating marijuana is also possessing marijuana under current case law. | |||
| Offense | Penalty | Jail | Fine |
HASH and CONCENTRATES |
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| 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 |
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| 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 |
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| Property can be seized if convicted of a felony. | |||
MISCELLANEOUS |
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| 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.
- New York Penal Code: Section 70 - Sentences
- New York Penal Code: Section 80 - Fines
- New York Penal Code: Section 220 - Controlled Substances Offenses
- New York Penal Code: Section 221 - Marihuana Offenses
- New York Public Health Law: Section 3306(d) - Hallucinogenic Substances
- New York Public Health Law: Medical use of Marihuana
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.
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).
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