Understanding New York’s Marijuana Laws: Penalties and Regulations Explained
In the dynamic landscape of marijuana legislation, staying well-informed about the laws and penalties is essential, particularly in New York State.
With shifting regulations and a complex legal framework, navigating the intricacies of marijuana-related offenses can be challenging.
Weed legislation in New York State is the topic of today’s column., shedding light on the penalties associated with different offenses and the accompanying regulations.
Whether you are a resident, visitor, or simply seeking knowledge, this comprehensive guide aims to clarify the ever-evolving marijuana laws in the Empire States.
Penalty for possession of Marijuana
In the state of New York, both Marijuana and its synthetic “equivalents” are classified as Schedule I hallucinogenic substances under the New York Public Health Law. This classification encompasses not only Marijuana itself but also resinous extracts and derivatives that exhibit similar chemical properties.
The specific sections of the New York Public Health Law that pertain to these substances are as follows:
New York Pub. Health §3306(d)(13)
New York Pub. Health §3306(d)(21)
Possession of Marijuana exceeding the legal limit carries varying penalties based on the amount, ranging from fines to imprisonment.
Table of Possession Penalties:
| Offense | Possession | Penalty | Incarceration | Max. Fine |
| Possession | Less than 3 oz | No penalty | None | $ 0 |
| 3 – 16 oz | Violation | None | $ 150 | |
| 16 oz – 5 lbs | Misdemeanor | One year | $ 1,000 | |
| 5 – 10 lbs | Felony | Four years | $ 5,000 | |
| More than 10 lbs | Felony | Seven years | $ 10,000 |
Governor Andrew Cuomo signed the MRTA into law on March 31, reflecting the New York state’s move towards marijuana legalization and regulation. The legislation took immediate effect, legalizing small-scale cannabis production, distribution, and adult use.
Personal Use Allowance: legalizes small-scale cannabis production, distribution, and use by adults., which legalizes small-scale cannabis production, distribution and use by adults. The Marijuana Regulation and Taxation Act (MRTA), signed into law by Governor Andrew Cuomo on March 31, permits the personal possession of up to three ounces of cannabis flower or up to 24 grams of concentrates for individuals aged 21 and older.
Public Use Regulations: Under the MRTA, public consumption of Marijuana through smoking or vaping is subject to civil penalties. It is important to note that public use of cannabis is treated as a violation of New York’s tobacco control laws.
References:
New York Pen. Code §222.05
New York Pen. Code §221
New York Pen. Code §70
New York Pen. Code §80
New York Pub Health Sec.1399-n
Selling Marijuana: Laws and Penalties
In this section, we will explore the regulations governing the sale of Marijuana in New York, focusing on the amount allowed for personal use and the consequences of illegal activities. Additionally, we will discuss the severe penalties associated with selling Marijuana to minors and the unlawful involvement of children in marijuana sales.
Personal Use Allowance
Without compensation, exchanging up to 3 ounces of Marijuana or 24 grams of concentrate is not penalized, with no imprisonment or fine.
Sale of Marijuana to Minors
Sale of Marijuana to a minor (defined as anyone under 18) is a class D serious felony of up to 7 years and a fine of up to $5,000.
Sale of Marijuana Amounts
The sale of 3 ounces or less is a violation, resulting in a fine of up to $250.
The sale of between three ounces and one pound is a class A felony punishable by a fine of $1000 and one year in prison.
Sale of Marijuana between 1 pound and 5 pounds is a class E felony, carrying a penalty of up to 4 years of imprisonment and a fine not exceeding $5,000.
The sale of more than five pounds of Marijuana is a crime punishable by up to seven years in jail and a prison penalty of $5,000.
Sale of over 100 pounds of Marijuana is a felony, leading to 15 years of imprisonment and a fine of up to $15,000.
Using a Child in Marijuana Sale
Utilizing a child to assist in the sale of Marijuana, including hiding Marijuana on a child or directing a child’s involvement, is a class E felony. The penalty for this offence is a maximum of 4 years of imprisonment and a fine not exceeding $5,000.
Table: Sales Penalties
| Offense | Possession | Penalty | Incarceration | Max. Fine |
| Sale | Without compensation, up to 3 oz | No penalty | None | $ 0 |
| 3 oz or less | Violation | None | $ 250 | |
| 3 – 16 oz | Misdemeanor | One year | $ 1,000 | |
| 1 – 5 lbs | Felony | Four years | $ 5,000 | |
| More than 5 lb | Felony | Seven years | $ 10,000 | |
| Using a child to assist | Felony | Four years | $ 5,000 | |
| To a minor | Misdemeanor | One year | $ 1,000 |
References:
New York Pen. Code §70
New York Pen. Code §80
New York Pen. Code §220.28
New York Pen. Code §221
Marijuana Cultivation: Laws and Penalties
Let’s talk about cultivation!
On March 31, Governor Andrew Cuomo made a significant move by signing The Marijuana Regulation and Taxation Act (MRTA) into law. This new law brings exciting provisions for those interested in growing their own cannabis plants at home.
Starting in 2022, individuals will have the opportunity to cultivate up to six cannabis plants each, three mature and three still in the growing stage. And if you’re living in a household, the limit is even higher – you can have up to 12 plants, with six mature ones and six still maturing.
It’s important to be aware of the rules because going over the permitted limit can get you in trouble. You’ll be looking at a class A misdemeanor charge if you cultivate more than six plants per person (or 12 per household). This means you could face up to a year in jail and/or be fined up to $1,000. So, it’s crucial to stick to the allowed number of plants to stay within the law.
If you’re cultivating Marijuana and end up with more than three ounces, you’ll also be considered “possessing” Marijuana under current case law. In a famous case called Parameter v. Feinberg, it was confirmed that growing Marijuana can lead to charges of both “cultivation” and “possession.” The severity of the possession charge can vary based on the amount of Marijuana you’re growing. So, the more you cultivate, the more severe the possession charge can be.
Table: Cultivation Penalties
| Offense | Possession | Penalty | Incarceration | Max. Fine |
| Cultivation | Six plants (3 mature) | No penalty | None | $ 0 |
| More than six plants | Misdemeanor | One year | $ 1,000 | |
| Cultivating Marijuana is also possessing Marijuana under current case law. See the penalty details section below. |
Hash and concentrates: Laws and penalties
Let’s dive into the details of New York’s marijuana laws and the recent changes brought about by the Marijuana Regulation and Taxation Act (MRTA) signed by Governor Andrew Cuomo on March 31. One exciting aspect of the law is that personal possession of up to 24 grams of concentrates is now legal for individuals aged 21 and older.
To understand the law better, it’s important to know how “Marihuana” is defined. It includes plant-form Marijuana and Concentrated Cannabis, which refers to the separated resin of the Cannabis plant or any mixture containing at least 2.5% THC. Interestingly, New York uses “Tetrahydrocannabinol” exclusively for synthetic cannabinoids, not Concentrates.
Let’s talk about possession. You can now possess up to 24 grams of concentrated cannabis without facing any legal consequences. However, if you possess more than 24 grams but less than 5 ounces, it becomes a violation that can result in a fine of up to $150.
The penalties increase for larger amounts. Possessing 5 ounces to 2 pounds of concentrated cannabis is deemed a misdemeanor, punishable by up to one year in jail and a $1,000 fine. Going even further, possessing 2 to 4 pounds becomes a felony, carrying a penalty of up to 4 years in prison and a fine of no more than $5,000. And possessing over 4 pounds of concentrated cannabis is also a felony; It is punished by up to 7 years in jail and a $5,000 fine.
Remember, any controlled substance in a car creates a presumption of knowing possession for all occupants unless hidden from view. Additionally, if Marijuana (including Concentrated Cannabis) is found in a room, not in a public place, with the intent to prepare it for sale, it creates a presumption of knowing possession for those in close proximity.
Now, let’s talk about the sale of Concentrated Cannabis. Selling under 24 grams is considered a violation, leading to a fine of up to $250. On the other hand, selling more than 24 grams is a crime punishable by up to a year in prison and a $1,000 fine.
There are specific circumstances that can escalate the charges. It is a class B crime to sell any amount of Concentrated Cannabis on the premises of a school bus, child daycare, or educational center or within 1,000 feet of such a facility. This felony carries a maximum penalty of 25 years and/or a fine of up to $30,000.Moreover, selling any amount of Concentrated Cannabis to a person 17 years old or younger, if you’re 21 years old or more, is also a class B felony with similar penalties.
Table: Hash and Concentrates Penalties
| Offense | Possession of less than 24 g | Penalty | Incarceration | Max. Fine |
| Hash and Concentrates | No penalty | None | None | $ 0 |
| Possession of 24 g – 5 oz | Violation | None | $ 150 | |
| Possession of 5 oz – 2 lbs | Misdemeanor | One year | $ 1,000 | |
| Possession of 2 – 4 lbs | Felony | Four years | $ 5,000 | |
| Possession of over 4 lbs | Felony | Seven years | $ 10,000 | |
| Sale of under 24 g | Violation | None | $ 250 | |
| Sale of over 24 g | Misdemeanor | One year | $ 1,000 |
References:
- New York Pen. Code §220.25
- New York Pen. Code §222.45
- New York Pen. Code §222.50
- New York Pen. Code §220.44
- New York Pen. Code §220.48
Paraphernalia
Possessing marijuana paraphernalia is now legal in New York
- New York Pen. Code §220.05
Forfeiture
Regarding marijuana offenses in New York, if you’re convicted of a felony, there’s a provision for possible forfeiture of certain items. However, it’s crucial to consider the proportionality of the forfeiture in relation to what you gained from the offense. Specifically, this applies to the proceeds obtained from the marijuana-related offense and any instruments used in the commission of the offense, including a car. The law aims to ensure that the forfeiture is not excessive but rather aligned with the severity of the offense committed.
Stay Informed: Consequences of Marijuana-Related Offenses
One must tread cautiously and consider the possible outcomes regarding marijuana-related offences. For instance, if you happen to be convicted of a crime or receive a youthful offender or juvenile adjudication that violates the Federal Controlled Substances Act, you’ll have to face a mandatory suspension period of six months. It’s crucial to understand the gravity of these situations and make informed choices to avoid getting into legal trouble. Stay mindful of the laws and regulations surrounding Marijuana to ensure you’re on the right side of the law.
Danger Ahead: Strict Laws Against Cannabis Use While Driving
Attention! The devastating effects of cannabis use must be taken very seriously while driving. The new legislation explicitly prohibits driving under the influence of cannabis, just as it does for other substances. Ignoring this law could result in severe penalties and risks to your safety.
Take note of the following regulations:
- No Open Containers: It is illegal to possess or consume open containers of alcoholic beverages in a vehicle. This law also applies to burning cannabis inside a vehicle. Violating the open container law means facing a traffic infraction.
- Misdemeanor Offense: Driving while impaired by cannabis continues to be classified as a misdemeanor offense under the Vehicle and Traffic Law specified section. Engaging in this behavior puts you at risk of legal consequences and endangers the lives of yourself and others on the road.
References and citation
