Can You Still Get Arrested for Marijuana?
Recreational marijuana is now legal for adults in New York, but a number of laws still regulate its sale and use. If you are charged with violating one of those laws on Long Island, contact a Nassau County marijuana defense attorney for the advice and representation you will need.
What are the current laws regarding the sale and use of marijuana in New York? What penalties may be imposed if you are convicted for violating any of these laws? When should you reach out to a Nassau County drug crimes lawyer for help? Keep reading for the answers you may need.
What Are New York’s Laws for Possessing Marijuana?
Is marijuana legal in New York?
The recreational use of marijuana is now legal in the State of New York for adults who are at least 21 years old. New Yorkers may possess up to three ounces of marijuana for recreational use or twenty-four grams of concentrated marijuana, such as oils derived from a marijuana plant.
New Yorkers who are 21 and older may also give marijuana and marijuana products to others who are age 21 and older provided that the action is strictly a gift and no compensation is involved. Persons under age 21 may not possess or sell any amount of marijuana.
Additionally, no one in New York may possess over three ounces of marijuana or more than twenty-four grams of concentrated marijuana, sell any amount of marijuana without a license, or drive a motor vehicle while under the influence of marijuana.
What is the Law Regarding Marijuana Sales?
The “unlawful” sale of marijuana in the State of New York may be penalized upon conviction with a fine; however, someone is guilty of the “criminal” sale of marijuana in these circumstances:
- The criminal sale of marijuana in the third degree, a Class A misdemeanor, happens when a person unlawfully and knowingly sells over three ounces of marijuana, or over twenty-four grams of concentrated marijuana, or sells marijuana to anyone under the age of 21.
- The criminal sale of marijuana in the second degree, a Class E felony, happens when a person unlawfully and knowingly sells over sixteen ounces of marijuana or more than five ounces of concentrated marijuana.
- The criminal sale of marijuana in the first degree, a class D felony, happens when a person unlawfully and knowingly sells over five pounds of marijuana or over two pounds of concentrated marijuana.
- The aggravated criminal sale of marijuana, a Class C felony, happens when a person unlawfully and knowingly sells marijuana or concentrated marijuana weighing one hundred or more pounds.
What is the Law Regarding Marijuana Possession?
The “unlawful” possession of marijuana in New York happens when a person unlawfully and knowingly possesses over three ounces of marijuana or over twenty-four grams of concentrated marijuana, and is punishable upon conviction with a fine.
However, a person is guilty of the “criminal” possession of marijuana in these circumstances:
- The criminal possession of marijuana in the third degree, a Class A misdemeanor, happens when a person unlawfully and knowingly possesses over sixteen ounces of marijuana or over five ounces of concentrated marijuana.
- The criminal possession of marijuana in the second degree, a Class E felony, happens when a person unlawfully and knowingly possesses over five pounds of marijuana or over two pounds of concentrated marijuana.
- The criminal possession of marijuana in the first degree, a Class D felony, happens when a person unlawfully and knowingly possesses over ten pounds of marijuana or over four pounds of concentrated marijuana.
Where Can You Smoke Marijuana Legally?
Smoking marijuana is not allowed in workplaces, schools, or inside a motor vehicle, even if the vehicle is parked. However, smoking marijuana is allowed in most public locations where smoking tobacco is allowed.
In New York City, however, you may not smoke either marijuana or tobacco in parks, on playgrounds, at beaches, on boardwalks, or in pedestrian plazas.
Smoking marijuana in public locations where tobacco smoking is banned may be penalized on conviction with a fine or with community service. At hotels and motels, owners may allow or ban marijuana smoking.
Can You Grow Your Own Marijuana?
Starting 18 months after the first adult-use retailers launch, it will no longer be against the law in New York for an adult who is 21 years of age or older to grow up to three mature and three immature marijuana plants at a time at his or her home and a maximum of twelve plants per household (six mature and six immature plans).
The personal cultivation of marijuana is only permitted within, or on the grounds of, someone’s private residence. Those who grow marijuana at home must take reasonable steps to ensure that cultivated marijuana is in a secured location that is not accessible to anyone under the age of 21.
Are Previous Marijuana Convictions Automatically Expunged?
The 2021 law that legalized recreational marijuana in New York automatically expunged 107,633 marijuana convictions, and an earlier law passed in 2019 that decriminalized the possession of small amounts of marijuana automatically expunged another 202,189 convictions.
The convictions that were automatically expunged were predominantly misdemeanor possession of marijuana convictions involving small quantities of marijuana for personal use. However, about 9,000 marijuana-related felony convictions remain on offenders’ records in New York.
If you were convicted of a marijuana-related felony charge, you may be allowed to seal or expunge that record. Get in touch with a Nassau County marijuana defense attorney and ask that attorney to help you have your marijuana-related felony conviction sealed or expunged.
What Else Should You Know About New York’s Marijuana Laws?
It is a crime to drive under the influence of marijuana or marijuana products. The charge is driving while ability impaired by drugs (DWAI), which may be penalized upon conviction with jail, a fine, probation, and/or mandatory court-ordered treatment.
While recreational marijuana for adults is now legal in New York, marijuana users and sellers should fully understand that the law enforcement agencies in this state are committed to enforcing the new marijuana laws and restrictions aggressively.
If you are charged with any marijuana or marijuana-related infraction or crime on Long Island or in New York City – currently or in the future – it is a serious charge. You must be advised and represented by a Nassau County drug crimes lawyer, and you must contact that lawyer at once.
