New York State Law
Penal Law
Consolidated Laws of New York's Penal code
Article 221 - NY Penal Law
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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 New York's Marihuana Regulation and Taxation Act repealed Article 221 and enacted Article 222 where all of the new marijuana reforms are contained.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 |
- Marihuana Penalties- A GUIDE to NY Laws and Penalties for Marihuana Offenses.
- Medical Use of Marihuana - Public Health Law Article 33 | Title 5-A
*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. Top of Page
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