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New York Marijuana Laws

Penalty Details

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.

See

  • New York Pub. Health §3306(d)(13) 
  • New York Pub. Health §3306(d)(21)

Possession for Personal Use

For a first offender, possession of up to 25 grams of marijuana is punishable by a fine of $100. If an additional offense occurs within three years of the first offense, possession of up to 25 grams of marijuana is punishable by a fine of $200. For the third or subsequent offense(s) within a three-year period, possession of up to 25 grams of marijuana is punishable by a fine of $250 and/or imprisonment of 15 days or less. Possession of marijuana in excess of 25 grams – 2 ounces is a class B misdemeanor and is punishable by no more than 3 months imprisonment and a fine not to exceed $500. Possession of marijuana in excess of 2 ounces – 8 ounces is a class A misdemeanor and is punishable by no more than 1 year of imprisonment and a fine not to exceed $1,000. Possession of marijuana in excess of 8 ounces – 16 ounces is a class E felony and is punishable by no more than 4 years of imprisonment and a fine not to exceed $5,000. Possession of marijuana in excess of 16 ounces – 10 pounds is a class D felony and is punishable by no more than 7 years of imprisonment and a fine not to exceed $5,000. Possession of marijuana in excess of 10 pounds is a class C felony and is punishable by no more than 15 years of imprisonment and a fine not to exceed $15,000.

See

  • New York Pen. Code §221 
  • New York Pen. Code §70 
  • New York Pen. Code §80 
Use or Display of Marijuana

Marijuana open to public view or being burnt in public is a Class B misdemeanor punishable by a fine of $250 with a maximum sentence of 90 days.

See

  • New York Pen. Code §221.10 

Sale

Exchange without payment of less than 2 grams of marijuana and/or one marijuana cigarette is a class B misdemeanor and is punishable by no more than 3 months imprisonment.

Sale of marijuana in any amount to a person under 18 years of age is a class D felony and is punishable by up to 7 years of imprisonment and a fine not to exceed $5,000.

Sale of marijuana in an amount 25 grams or less is a class A misdemeanor and is punishable by no more than 1 year of imprisonment and a fine not to exceed $1,000. Sale of marijuana in an amount greater than 25 grams – 4 ounces is a class E felony and is punishable by up to 4 years of imprisonment and a fine not to exceed $5,000. Sale of marijuana in an amount greater than 4 ounces – 16 ounces is a class D felony and is punishable by up to 7 years of imprisonment and a fine not to exceed $5,000. Sale of marijuana in excess of 16 ounces is a class C felony and is punishable by up to 15 years of imprisonment and a fine not to exceed $15,000.

Using a child to assist in the sale of marijuana is a class E felony and is punishable by no more than 4 years of imprisonment and a fine not to exceed $5,000. This offense includes hiding marijuana on a child or otherwise directing a child to assist in a marijuana sale.

See

  • New York Pen. Code §70 
  • New York Pen. Code §80
  • New York Pen. Code §220.28 
  • New York Pen. Code §221

Trafficking

A person is considered a major trafficker of marijuana if they do one of the following: Act as the director of an organization, which sells $75000 worth of marijuana over the course of a year or less; collect $75000 or more from sales of marijuana over the course of 6 months or less; possess with intent to sell $75000 or more of marijuana over the course of 6 months or less. If one or more of the above are satisfied the person may be charged as a major trafficker, this is a class A-I felony and is punishable by 15-25 years of imprisonment and a fine not to exceed $100,000.

See

  • New York Pen. Code §220.77 
  • New York Pen. Code §70.00(i) 

Cultivation

Growing cannabis is a class A misdemeanor and is punishable by up to 1 year of imprisonment and/or a fine of up to $1000.

*While technically cultivation of any amount of marijuana is a misdemeanor, a person who cultivates marijuana is also “possessing” marijuana under current case law. Parmeter v. Feinberg affirms the state’s ability to charge a person with the crime of “cultivation” and “possession” any time a person is caught growing marijuana. This means the more marijuana that a person cultivates the more severe the degree of possession that the state can charge.”

Hash & Concentrates

The term ‘Marihuana’ as used in the New York Criminal code is defined as including both plant-form Marihuana and Concentrated Cannabis. Marihuana is listed as a Schedule 1 drug on the New York Controlled Substances Schedule. Concentrated Cannabis is defined as the separated resin of the Cannabis plant, whether purified or raw, or any mixture or preparation containing at least 2.5% THC. Unlike most other states, New York uses the term Tetrahydrocannabinols exclusively to refer to synthetic cannabinoids, not Concentrates. New York does not apply its Marihuana decriminalization law to Concentrated Cannabis. There is no explicit justification for this in the statute, but specific penalties for offenses involving Concentrated Cannabis are separated from those involving plant-form Marihuana and the distinction is noted in caselaw.

Possession of any amount of Concentrated Cannabis up to one-fourth of an ounce is a class A Misdemeanor, punishable by up to 1 year imprisonment and a fine not to exceed $1000.

Possession of between one-fourth of an ounce and one ounce of Concentrated Cannabis is a class D Felony, punishable by up to 7 years imprisonment and a fine of no more than $5000.

Possession of one ounce or more of Concentrated Cannabis is a class C Felony, punishable by up to 15 years imprisonment and a fine of no more than $15,000.

The presence of any controlled substance in an automobile creates a presumption of knowing possession for all occupants of the vehicle. This principle does not apply if the controlled substance is on the person of one of the passengers and the substance is hidden from the view of other passengers.

The presence of Marihuana (including Concentrated Cannabis) in open view in a room, other than a public place, under circumstances that evince an intent to manufacture, package, or otherwise prepare the Marihuana for sale gives rise to a presumption of knowing possession for all those in close proximity to the Marihuana at the time it is found.

See

  • New York Pen. Code §220.25 

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.

See

  • New York Pen. Code §220.34 

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.

See

  • New York Pen. Code §220.44

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.

See

  • New York Pen. Code §220.48 

Paraphernalia

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.

See

  • New York Pen. Code §220.50 
  • New York Pen. Code §220.55
  • New York Pen. Code §70 
  • New York Pen. Code §80

Forfeiture

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).

See

  • New York Pen. Code §480.05 

Mandatory suspension for a period of six months where the holder is convicted of, or receives a youthful offender or other juvenile adjudication in connection with any crime in violation of the Federal Controlled Substances Act.

See

  • New York Pen. Code § 510(2)(b)(v) 
DECRIMINALIZATION

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. 

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. 

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see: Medical Use.

New York Drugged Driving

In New York, a person is guilty of a DUI if he or she operates a motor vehicle while his or her ability to operate such a motor vehicle is impaired by the use of a drug, or he or she is impaired by the combined influence of drugs or of alcohol and any drug or drugs. McKinney’s Vehicle and Traffic Law §§ 1192(4)(a).

Implied Consent

  • Any person who operates a motor vehicle in New York shall be deemed to have given consent to a chemical test of one or more of the following: breath, blood, urine, or saliva, for the purpose of determining the alcoholic and/or drug content of the blood provided that such test is administered by or at the direction of a police officer with probable cause. McKinney’s Vehicle and Traffic Law § 1194.2(a).
  • Evidence of a refusal to submit to such chemical test or any portion thereof shall be admissible in any trial, proceeding or hearing based upon a violation of the DUI statute, but only upon a showing that the person was given sufficient warning, in clear and unequivocal language, of the effect of such refusal and that the person persisted in the refusal. Id. § 1194.2(f).
  • After a refusal, the person’s driving privileges will be suspended for least one year, and will not be restored except by the discretion of the commissioner. In any case where the person has had a prior revocation resulting from refusal to submit to a chemical test no such license shall be restored for at least eighteen months after such revocation, nor thereafter except in the discretion of the commissioner. Id. §§ 1194.2(d)(1),(2).
  • After being arrested for DUI, insisting on speaking with attorney before testing constituted a refusal to submit to test. Cook v. Adducci,205 A.D.2d 903(1994).
  • The person tested shall be permitted to choose a physician to administer a chemical test in addition to the one administered at the direction of the police officer. McKinney’s Vehicle and Traffic Law § 1194 (4)(6)(b).

Penalties

  • First offense misdemeanor – fine of not less than five hundred dollars nor more than one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment; six month license revocation. Id. § 1193(1)(b); Id. § 1193.2(b)(2).
  • Second offense (w/i 10 years) class E felony – fine of not less than one thousand dollars, but not more than five thousand dollars; imprisonment for a minimum of five days (possible community service in lieu of jail), but not to exceed thirty days, one year license revocation; court may require offender to attend DUI program. Id. § 1193 (1)(c)(i).
  • Third and subsequent offense (w/i 10 years) class D felony – fine of not less than two thousand dollars nor more than ten thousand dollars, imprisonment for a minimum of 7 days up to 10 years or by both; the state shall order such person to install and maintain an ignition interlock device in any motor vehicle owned or operated by offender; minimum license suspension for one year. Id. § 1193 (1)(c)(ii)-(iii).

Sobriety Checkpoints

In New York, law enforcement officials are entitled to conduct checkpoints under the federal Constitution.

Turning into a parking lot to avoid passing through a checkpoint creates probable cause to justify an investigatory stop, but avoiding a checkpoint by turning onto another highway does not create probable cause to justify an investigatory stop. People v. Chaffee, 590 N.Y.S.2d 625 (1992); People v. Rocket, 594 N.Y.S.2d 568 (1992).

Case Law

People v. Kahn, 610 N.Y.S.2d 701 (1994) — The elements of proof are: (1) the defendant ingested a drug; (2) the drug ingested by the defendant is one proscribed New York’s Public Health Code; (3) after ingesting the drug, the defendant operated a motor vehicle; and (4) while operating, defendant’s ability to operate the motor vehicle was impaired by the ingestion of the drug.

People v. Kaminski, 573 N.Y.S.2d 394 (1991) — Operator was pulled over for out-of-date plates when officers smelled odor of marijuana in car. Defendant failed field tests and displayed several traditional signs of impairment, thus giving the officer probable cause to arrest for DUI.

New York Hemp Law

Year Passed: 2014
Summary: Senate Bill 7047 authorizes the growth of industrial hemp to provide research for farmers and businesses. The Department of Agriculture & Markets and institutions of higher education can study the growth and cultivation of industrial hemp, provided that the sites are certified and registered with the Department of Agriculture & Markets. The sale and distribution of industrial hemp grown for such research is prohibited. Additionally, the commissioner can authorize up to ten sites for growing and cultivating industrial hemp. This law becomes effective date on June 15, 2015.
Statute: N.Y Agric.& Mkts. Law § 524 (2014)

New York Medical Marijuana Law

Status

 

Operational

Law Signed:

 2014

QUALIFYING CONDITIONS

  • Amyotrophic Lateral Sclerosis (ALS)
  • Cancer
  • Chronic pain
  • Epilepsy
  • HIV/AIDS
  • Huntington’s Disease
  • Inflammatory bowel disease
  • Parkinson’s Disease
  • Post-Traumatic Stress Disorder
  • Multiple Sclerosis
  • Neuropathies
  • Spinal cord damage

PATIENT POSSESSION LIMITS

As initially implemented, the law permits qualified patients to possess a 30 day supply of cannabis-infused, non-smokable products. but only non-smokable preparations allowed. Regulations announced by the Department of Health in 2017 states, “[R]egistered organizations will be allowed to manufacture and distribute additional products including topicals such as lotions, ointments and patches, as well as solid and semi-solid products including chewable and effervescent tablets and lozenges. Certain non-smokable forms of ground plant material will also be permissible for manufacture and distribution.”

HOME CULTIVATION

No

STATE-LICENSED DISPENSARIES

Yes, as initially enacted, five producers of cannabis-based preparations and up to 20 dispensing centers were to be licensed by the state. In 2017, the Department of Health registered five additional entities to manufacture and dispense cannabis-infused products.

STATE-LICENSED DISPENSARIES OPERATIONAL

Yes

CAREGIVERS

Yes, each certified patient may have up to two caregivers, and each caregiver may serve no more than five certified patients.

ESTIMATED NUMBER OF REGISTERED PATIENTS

RECIPROCITY

No

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