Marijuana

Across the country, nearly a million people are arrested for marijuana-related offenses every year. It’s the most commonly used illegal drug in the country – illegal in the sense that it is a controlled substance under federal law, with no recognized legitimate value.

Armed with this knowledge and a capable criminal defense attorney like me, Olivier E. Roche, Esq., by your side, you shouldn’t be afraid when charged with marijuana possession in New York.

Penalties for Marijuana Possession

The punishment for marijuana possession varies according to the amount of marijuana you possess:

• Possessing less than 2 ounces of marijuana in a non-public place – up to $100 fine; second time offenders may be fined up to $200, and third time offenders may pay up to $250 and serve 15 days in jail
• Possessing less than 2 ounces of marijuana in a public place – 3 months in jail
• Possessing 2 ounces or more of marijuana or a mixture containing marijuana –1 year jail time
• Possessing 8 ounces or more of marijuana or a mixture containing marijuana – 1 to 1½ years in prison; second time offenders may face 2 years jail time and a previous violent offender could face 2 ½ years in jail
• Possessing 16 ounces or more of marijuana or a mixture containing marijuana – 1 to 2 ½ years in prison; second time offenders may face up to 4 years and a previous violent offender could face 4½ years
• Possessing 10 pounds or more of marijuana or a mixture containing marijuana – 1 to 5½  years in prison; second time offenders may face up to 8 years and a previous violent offender could face 9 years

Note that the substance must be proven to be marijuana. Many attorneys don’t know this and/or don’t care at all, and plea right away to this charge.

Selling and Trafficking of Marijuana

Selling and trafficking of marijuana could also result in more serious penalties. Proof of earnings from selling the drug, and even proof of selling to a minor can result in felony charges. Trafficking marijuana, on the other hand, could lead to 25 years in prison.

Penalties for marijuana possession vary greatly based on the circumstances of the arrest and on your criminal record. It is, therefore, important to speak to me so I can help you understand the possible consequences of a conviction.

Call today at 516.399.0233 to receive your free 15-minute consultation.