New York Marijuana Crimes: FAQ

Is pot legal in NYC?

No. Possession of marihuana is not legal in New York City or throughout the State of New York. In fact, other than in rare circumstances, possession of marijuana is a crime pursuant to New York Penal Law Article 221. However, possessing a small amount of marihuana that is not open to public view is a violation of law, not a crime, and will not give you a criminal record even if convicted.

Is it legal to smoke marijuana in NYC?

No. Possession of marihuana is not legal in New York City or throughout the State of New York. However, possessing a small amount of marihuana that is not open to public view is a violation of law, not a crime, and will not give you a criminal record even if convicted. If you smoke marihuana somewhere that is open to public view, even in your car on the street, it is a crime – a B misdemeanor of Criminal Possession of Marihuana, which is punishable by up to 90 days in jail.

Is possessing a small amount of marijuana a crime in NYC?

Yes, if it is open to public view pursuant to NY PL 221.10. Possessing a small amount of marihuana that is not open to public view is not a crime in New York. However, it is a violation of law that is punishable by a fine or up to 15 days in jail, but it will not give you a criminal record.

Will the cops arrest me for having weed?

If you are smoking marijuana or selling marijuana, the police will arrest you and, at a minimum, charge you with PL 221.10 or PL 221.40 respectively. Possessing even a small amount of marihuana that is not open to public view is unlawful in New York, although it is not a crime. The police have the discretion, if they discover a small amount of marihuana that is not open to public view in your possession, to arrest you and bring you immediately before a judge, arrest you and issue you a DAT, or Desk Appearance Ticket, issue you a summons, or give you a warning and take no official action.

What is the penalty for selling marijuana?

Selling a small amount of marihuana is a crime in New York – Criminal Sale of Marihuana in the Fourth Degree, PL 221.40, which is an A misdemeanor punishable by up to one year in jail. Greater amounts can be a felony punishable by time in state prison.

Call the New York State criminal defense lawyers and former New York City prosecutors at (212) 312-7129 or contact us online today.

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