The laws associated with the use and possession of marijuana have changed in some states across the country. However, in New York City, although there have been some changes in the way the law is enforced, the possession and use of marijuana still remains a criminal offense. Our lawyers at Raiser & Kenniff have successfully defended many clients against the charge of possession of marijuana. We are eager to use our skills and expertise to help you.
Possession of Marijuana is a Serious Crime
In the state of New York, it is illegal to possess, use, or sell marijuana under most circumstances. There is some confusion among the general population as to whether or not marijuana possession is still a crime in New York. This confusion results from a change in the policy regarding the enforcement of marijuana laws in New York that took place starting November 11, 2014.
Something that should be remembered is that the law on marijuana use did not change. Instead, there is a change to the way that the New York Police Department has decided to deal with individuals who are found possessing marijuana.
It must be clear that the New York Police Department is not turning a blind eye to marijuana possession, nor are they ignoring the laws regarding marijuana possession. It is simply that they are taking a new approach to their procedures when it comes to accusing someone of marijuana possession. These discretionary actions are within their purview as police officers. An individual who is accused of marijuana possession, and especially accused attempting to sell marijuana, can face serious fines, penalties, and jail time.
How Criminal Defense Attorneys Can Help
Something that an individual who is being accused of marijuana possession must realize is that in New York there is a difference between most illicit drugs and marijuana. Marijuana is not considered a controlled substance in New York. This means that the very strict and inflexible laws that apply to other controlled substances in New York do not necessarily apply to the possession of marijuana.
Our criminal defense team clearly understands the difference between marijuana possession and that of other controlled substances. We are able to use the law to defend our clients and help them get the lowest charge possible if not get their case thrown out entirely.
To be clear, New York police officers care about marijuana charges. Marijuana related offenses are serious. Anyone who is charged with marijuana related offense should speak to criminal defense attorneys to protect their legal rights.
Understanding Marijuana Offenses
It is important to remember that there is a marked distinction between possessing marijuana and possessing marijuana with the intent to sell. As a general rule of thumb, simply possessing marijuana is going to be less serious than attempting to sell marijuana. Of course, there are other factors. For example, an individual who possesses 1,000 pounds of marijuana is going to be facing more serious charges that an individual who is looking to sell one bag of marijuana. This just makes sense.
In New York, possessing more than 25 grams of marijuana is considered a be misdemeanor and is punishable with 90 days in jail. Possessing more than 2 ounces is a misdemeanor and can result in one year in jail. Possessing more than 8 ounces is an E felony, 16 ounces a D felony, and 10 pounds a C felony, which can result in jail time of 1 year or more.
Our criminal defense attorneys have years defending New York residents against marijuana possession charges. We understand the law, we understand the system, and we are willing to fight vigorously to protect our clients. If you or loved one is facing a marijuana possession charge, contact us immediately and let us use our years of experience to help you.