New York State Law

Penal Law

Consolidated Laws of New York's Penal code

Article 221 - NY Penal Law

Disclaimer

On March 31, 2021, New York legalized the possession of up to 3 ounces of marijuana and up to 24 grams of marijuana concentrate for adults who are at least 21 years old, among many other important reforms. New York's Marihuana Regulation and Taxation Act repealed Article 221 and enacted Article 222 where all of the new marijuana reforms are contained. Article 221 below is provided for reference only, it no longer exists in New York law.

OFFENSES INVOLVING MARIHUANA

Section Offense Class
221.00 Marihuana; definitions. * 7/5/2021
221.05 Unlawful possession of marihuana. VIOLATION
221.10 Criminal possession of marihuana in the fifth degree. B MISD
221.15 Criminal possession of marihuana in the fourth degree. A MISD
221.20 Criminal possession of marihuana in the third degree. E FELONY
221.25 Criminal possession of marihuana in the second degree. D FELONY
221.30 Criminal possession of marihuana in the first degree. C FELONY
221.35 Criminal sale of marihuana in the fifth degree. B MISD
221.40 Criminal sale of marihuana in the fourth degree. A MISD
221.45 Criminal sale of marihuana in the third degree. E FELONY
221.50 Criminal sale of marihuana in the second degree. D FELONY
221.55 Criminal sale of marihuana in the first degree. C FELONY
 *S 221.00 Marihuana; definitions.
  Unless  the context in which they are used clearly otherwise requires,
the terms occurring in this article shall have the same meaning ascribed
to them in article two hundred twenty of this chapter. Any act  that  is
lawful  under  title five-A of article thirty-three of the public health
law is not a violation of this article.
  * NB Effective until July 5, 2021
*S 221.00 Marihuana; definitions.
Unless the context in which they are used clearly otherwise  requires,
the terms occurring in this article shall have the same meaning ascribed
to them in article two hundred twenty of this chapter.
  * NB Effective July 5, 2021

S 221.05 Unlawful possession of marihuana.
  A person is guilty of unlawful possession of marihuana when he
knowingly and unlawfully possesses marihuana.
  Unlawful possession of marihuana is a violation punishable only by a
fine of not more than one hundred dollars. However, where the defendant
has previously been convicted of an offense defined in this article or
article 220 of this chapter, committed within the three years
immediately preceding such violation, it shall be punishable (a) only by
a fine of not more than two hundred dollars, if the defendant was
previously convicted of one such offense committed during such period,
and (b) by a fine of not more than two hundred fifty dollars or a term
of imprisonment not in excess of fifteen days or both, if the defendant
was previously convicted of two such offenses committed during such
period.

S 221.10 Criminal possession of marihuana in the fifth degree.
  A person is guilty of criminal possession of marihuana in the fifth
degree when he knowingly and unlawfully possesses:
  1. marihuana in a public place, as defined in section 240.00 of this
chapter, and such marihuana is burning or open to public view; or
  2. one or more preparations, compounds, mixtures or substances
containing marihuana and the preparations, compounds, mixtures or
substances are of an aggregate weight of more than twenty-five grams.
  Criminal possession of marihuana in the fifth degree is a class B misdemeanor.

S 221.15 Criminal possession of marihuana in the fourth degree.
  A person is guilty of criminal possession of marihuana in the fourth
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than two ounces.
  Criminal possession of marihuana in the fourth degree is a class A misdemeanor.

S 221.20 Criminal possession of marihuana in the third degree.
  A person is guilty of criminal possession of marihuana in the third
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than eight ounces.
  Criminal possession of marihuana in the third degree is a class E felony.

S 221.25 Criminal possession of marihuana in the second degree.
  A person is guilty of criminal possession of marihuana in the second
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than sixteen ounces.
  Criminal possession of marihuana in the second degree is a class D felony.

S 221.30 Criminal possession of marihuana in the first degree.
  A person is guilty of criminal possession of marihuana in the first
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than ten pounds.
  Criminal possession of marihuana in the first degree is a class C felony.

S 221.35 Criminal sale of marihuana in the fifth degree.
  A person is guilty of criminal sale of marihuana in the fifth degree
when he knowingly and unlawfully sells, without consideration, one or
more preparations, compounds, mixtures or substances containing
marihuana and the preparations, compounds, mixtures or substances are of
an aggregate weight of two grams or less; or one cigarette containing
marihuana.
  Criminal sale of marihuana in the fifth degree is a class B misdemeanor.

S 221.40 Criminal sale of marihuana in the fourth degree.
  A person is guilty of criminal sale of marihuana in the fourth degree
when he knowingly and unlawfully sells marihuana except as provided in
section 221.35 of this article.
  Criminal sale of marihuana in the fourth degree is a class A misdemeanor.

S 221.45 Criminal sale of marihuana in the third degree.
  A person is guilty of criminal sale of marihuana in the third degree
when he knowingly and unlawfully sells one or more preparations,
compounds, mixtures or substances containing marihuana and the
preparations, compounds, mixtures or substances are of an aggregate
weight of more than twenty-five grams.
  Criminal sale of marihuana in the third degree is a class E felony.

S 221.50 Criminal sale of marihuana in the second degree.
  A person is guilty of criminal sale of marihuana in the second degree
when he knowingly and unlawfully sells one or more preparations,
compounds, mixtures or substances containing marihuana and the
preparations, compounds, mixtures or substances are of an aggregate
weight of more than four ounces, or knowingly and unlawfully sells one
or more preparations, compounds, mixtures or substances containing
marihuana to a person less than eighteen years of age.
  Criminal sale of marihuana in the second degree is a class D felony.

S 221.55 Criminal sale of marihuana in the first degree.
  A person is guilty of criminal sale of marihuana in the first degree
when he knowingly and unlawfully sells one or more preparations,
compounds, mixtures or substances containing marihuana and the
preparations, compounds, mixtures or substances are of an aggregate
weight of more than sixteen ounces.
  Criminal sale of marihuana in the first degree is a class C felony.

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The laws of the State of New York are consistently amended, repealed and/or entirely rewritten. This site strives to publish the current laws; however, official reporters should be consulted for the most up-to-date statutory language. No warranties, express or implied, or representations as to the accuracy of content on this website are made. This website and its owners assume no liability or responsibility for any error or omission in the information contained in the website or the operation of the website.
NOTE: Penal Law code reviewed as of 01/01/2019. Several corrections/updates were made.

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