Depending on the amount possessed, or its form, possession of marijuana can be either a violation or crime. Unlawful Possession of Marijuana in the Second Degree (Penal Law §221.05) is simple unlawful possession of marijuana. It is a violation, not a crime, and punishable [...]

If you are convicted of either unlawful possession of marijuana in the first degree or unlawful possession of marijuana in the second degree, you will not have a criminal record. However, as drug offenses, they can have serious repercussions because marijuana is still federally illegal. [...]

Just because they will not result in a criminal record does not mean you should just plead guilty. There are many collateral consequences you face with drug offense convictions. Some low-level marijuana offenses require that the first offense be adjourned in contemplation of dismissal (commonly [...]

Criminal Possession of Marijuana 4th Degree Criminal Possession of Marijuana in the Fourth Degree (Penal Law §221.15) is unlawful possession of more than two ounces of preparations, compounds, mixtures, or substances that contain marijuana. This is a crime; a class A misdemeanor. You face up to 1 year [...]

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 1st Degree Criminal Sale of Marijuana in the Fifth Degree (Penal Law [...]

Yes. Because New York defines “selling” broadly, you can still be charged with criminal sale of marijuana even if you only give it to your friends or serve as a pass through between the dealer and your friends. Even if you do not make any [...]