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 by a maximum $50 fine. Unlawful Possession of Marijuana in the First Degree (Penal Law §221.10) is unlawful possession of more than one ounce of preparations, compounds, mixtures, or substances that contain marijuana. It is a violation, not a crime, and punishable by a maximum $200 fine. You may also be required to obtain a substance abuse evaluation, engage in treatment, and perform community service.
However, if you possess more than two ounces of marijuana, you will face criminal consequences.