Drug Crimes

Being accused of using drugs in New York is terrifying for many reasons. In New York, many drug charges are felonies, which means a person convicted of one could spend years in jail.

The state's drug laws are continually changing, and it can be difficult to understand why someone might be charged criminally for possessing one kind of substance while just being subject to a civil punishment for another. Contact a New York drug attorney right away if you are charged with using drugs. A skilled criminal attorney can create a compelling argument on your behalf. In English

What are the Civil Penalties for Possession of Marijuana in New York City?

Despite the fact that New York has decriminalized the possession of small amounts of marijuana, this does not make it legal. Instead, it means that unless a person has a history of prior convictions, they will not be subject to criminal sanctions for having less than 25 grams of marijuana. Instead, individuals might be subject to civil fines for possessing marijuana illegally.

Similar to receiving a modest traffic ticket, this civil violation was unlawful but not criminal in nature. An initial violation of illegal possession carries a $100 fine. The penalty rises to $200 for a subsequent infraction. A drug lawyer in New York City can lessen the potential consequences for a person.

Unlawful possession is a criminal violation that carries a $250 fine and a maximum 15-day prison sentence for a third offense. Other state laws forbidding the sale, cultivation, and public burning of marijuana are unaffected by its decriminalization. These are distinct criminal offenses with severe punishments.

Marijuana Possession in a Criminal Act

In New York, it is illegal to possess marijuana in amounts greater than 25 grams. It depends on how much marijuana is involved whether someone gets charged with a misdemeanor or felony.

• Possession of 26 grams or two ounces is a Class B misdemeanor, which carries a maximum jail sentence of three months and a fine of $500.
• Possession of two to eight ounces or more of marijuana is a Class A misdemeanor, which carries a maximum one-year prison sentence and a $1,000 fine.
• Possession of more than eight ounces to one pound constitutes a Class E felony, which carries a maximum four-year jail sentence and a $5,000 fine.

Possession of between one and ten pounds is a Class D felony that carries a maximum seven-year jail sentence and a $5,000 fine.

Possession of more than 10 pounds constitutes a Class C felony, which carries a maximum 15-year prison sentence and a $15,000 fine.

A Class B misdemeanor is also committed when marijuana is burned in plain sight.

Possession of Additional Drugs

Naturally, marijuana is not the only substance under regulation in New York City. Other narcotics and prescription pharmaceuticals are still illegal to possess without a doctor's note. Possession of a controlled substance in the seventh degree is a Class A misdemeanor, according to New York Penal Law 220.03.

As the amount in possession increases, these charges can become more serious. In addition, the charges a person may experience depend on the kind of substance they are in possession of. Depending on the specifics of the case, a New York City attorney may be able to explain why a person is being charged with a particular drug possession offense.

Drug Distribution Charges

The amount in a person's possession will determine whether they are charged with possession with the intent to sell or distribute. Distribution-related offenses fall under New York Penal Law 220.31, which is a Class D felony. The type and quantity of the substance in question, like in possessions instances, raises the potential penalty.

Large quantities of narcotics like heroin or cocaine are involved in the most serious drug distribution offenses. The most serious charges in this situation are Class A-1 felonies, which carry severe mandatory minimum terms.

What other drug offenses are there in New York City?

The police may sometimes add additional criminal charges to a possession accusation. Depending on how much marijuana is reportedly in someone's possession, the police might, for instance, charge them with possession with the intent to sell.

Depending on what the authorities believe they saw, someone who has a non-criminal amount of marijuana in their possession may also be prosecuted with having drug paraphernalia. Of course, the law also places restrictions on the use, distribution, and production of other banned narcotics, such heroin and cocaine.

These controlled substance laws are significant crimes, many of which are felonies, and they must be broken. Any person facing a drug charge should call a New York City drug lawyer right away, regardless of the circumstances.