| Marijuana Laws in New York | |||
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| POSSESSION | |||
| 25 g or less (first offense) | civil citation | none | $100 |
| 25 g or less (second offense) | civil citation | none | $200 |
| 25 g or less (3rd offense) | misdemeanor | 5 days and/or fine | $250 |
| 25 g to 2 oz* | misdemeanor | 3 months | $500 |
| 2 to 8 oz | class A misdemeanor | 1 year and/or fine | $1,000 |
| 8 to 16 oz (first felony) | class E felony | 1-4 years and/or fine, if second offense- 3-4 years (mandatory ½ jail sentence) | $5,000 |
| 16 oz to 10 lbs (first felony) | class D felony | 1 - 15 years and/or fine, if 2nd offense mandatory ½ jail sentence | $5,000 |
| More than 10 lbs (first felony) | class C felony | 1 - 15 years and/or fine, if 2nd offense mandatory ½ jail sentence | $5,000 |
| *Includes any amount in public where marijuana is burning or open to public view. | |||
| CULTIVATION | |||
| 2 oz or less gift | class B misdemeanor | 3 months and/or fine | $500 |
| 24 g sale | class A misdemeanor | 1 year and/or fine | $1,000 |
| 25 g to 4 oz (first felony) | class E felony | 1 - 4 years, if second felony 3-4 years (mandatory ½ jail sentence) | $5,000 |
| 4 to 16 oz (first felony) | class D felony | 1-7 years (probation if no prior felony) | $5,000 |
| 16 oz to 10 lbs (first felony) | class C felony | 1-5 years and/or fine, if second felony 4-7 years (mandatory ½ jail sentence) | $5,000 |
| 10 lbs or more (first felony) | class C felony | 1-15 years and/or fine, if second felony 6-15 years (mandatory ½ jail sentence) | N/A |
| Sale to a minor (first felony) | class D felony | 1 - 7 years | $5,000 |
| MISCELLANEOUS | |||
| Paraphernalia possession (must be dirty paraphernalia) | misdemeanor | 1 year | $1,000 |
| DETAILS | |||
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Possession of 25 grams or less of marijuana is punishable by a fine of $100 for the first offense. For the second offense, the penalty increases to a $200 fine and for subsequent offenses the fine increases to $250 and a maximum of 15 days in jail time may be imposed. Possession of greater than 25 grams or possession of any amount in public where the marijuana is burning or open to public view, is a class B misdemeanor and is punishable by up to three months in jail and a fine up to $500. For possession of greater than two ounces, the penalty increases to a possible one year in jail and a fine up to $1,000. Possession of greater than eight ounces increases the penalties to a possible one to one and a half years in prison and a fine up to $5,000. The penalties for possession of greater than 16 ounces are one to two and a half years in prison and a fine up to $5,000. For possession of any amount greater than 10 pounds, the penalty is one to five and half years in prison and a fine up to $5,000. Delivery or manufacture of two grams or less of marijuana for no remuneration is punishable by up to three months in jail and a fine up to $500. For delivery or manufacture of 25 grams or less, the penalty is up to one year in jail and a fine up to $1,000. For amounts greater than 25 grams, the penalty increases to one to one and a half years in jail and a fine up to $5,000. Delivery or manufacture of greater than four ounces is punishable by one to two and a half years in prison and a fine up to $5,000. For any amount greater than 16 ounces, the penalty increases to one to five and a half years in prison and a fine up to $5,000. Any sale or delivery to a minor is punishable by one to two and a half years in prison and a fine up to $5,000. Possession or sale of paraphernalia is punishable by up to one year in jail or a fine up to $1,000. |
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Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation. |
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