Is selling marijuana a crime in New York?

Yes. Other than dispensaries licensed through New York State for medicinal purposes, selling any amount of marijuana is a crime. The more marijuana sold, the higher the penalties.

Criminal Sale of Marijuana 1^st Degree
Criminal Sale of Marijuana in the Fifth Degree (Penal Law § 221.35) is unlawfully selling two grams or less, of preparations, compounds, mixtures, or substances that contain marijuana; or one cigarette containing marijuana. This is a crime; a class B misdemeanor. You face up to 90 days in jail, 1-year probation, and a $500 fine. You could also be required to engage in substance abuse treatment or perform community service.

Criminal Sale of Marijuana in the 4^th Degree
Criminal Sale of Marijuana in the Fourth Degree (Penal Law § 221.40) is unlawfully selling marijuana other than as described in Criminal Sale of Marijuana in the Fifth Degree. This is a crime; a class A misdemeanor. You face up to 1 year in jail, 3 years probation, and a $1,000 fine. You could also be required to engage in substance abuse treatment or perform community service.

Criminal Sale of Marijuana in the 3^rd Degree
Criminal Sale of Marijuana in the Third Degree (Penal Law § 221.45) is unlawfully selling twenty-five grams or less, of preparations, compounds, mixtures, or substances that contain marijuana. This is a crime, a class E felony. You face up to 4 years in prison, 5 years of probation, and a $5,000 fine. You could also be required to engage in substance abuse treatment or perform community service.

Criminal Sale of Marijuana in the 2^nd Degree
Criminal Sale of Marijuana in the Second Degree (Penal Law § 221.50) is unlawfully selling four ounces or less, of preparations, compounds, mixtures, or substances that contain marijuana; or selling marijuana to anyone less than 18-years-old. This is a crime, a class D felony. You face up to 7 years in prison, 5 years of probation, and a $5,000 fine. You could also be required to engage in substance abuse treatment or perform community service.

Criminal Sale of Marijuana in the 1^st Degree
Criminal Sale of Marijuana in the First Degree (Penal Law § 221.55) is unlawfully selling sixteen ounces or less, of preparations, compounds, mixtures, or substances that contain marijuana. This is a crime, a class C felony. You face up to 15 years in prison, 5 years of probation, and a $15,000 fine. You could also be required to engage in substance abuse treatment or perform community service.