23 Legal States

New York Medical Marijuana Laws

New York Marijuana Laws

Marijuana and its synthetic "equivalents" are considered a Schedule I naroctic substance under New York's Public Health Law. Synthetic equivalents include resinous extracts and cannabis derivatives that contain similar chemical properties.

New York Possession Laws

  • For a first-time offender, the possession of up to 25 grams of marijuana is considered punishable by a fine of $100. If an additional offense occurs within three years of the first marijuana offense, possession of up to 25 grams of marijuana is punishable by a fine of $200. For the third or subsequent offense(s) within a three-year period, possession of up to 25 grams of marijuana is punishable by a fine of $250 and/or imprisonment of 15 days or less. Possession of marijuana in excess of 25 grams but less than 2 ounces is a class B misdemeanor and is punishable by no more than 3 months imprisonment. Possession of marijuana in excess of 2 ounces but less than 8 ounces is a class A misdemeanor and is punishable by no more than 1 year of imprisonment. Possession of marijuana in excess of 8 ounces but less than 16 ounces is a class E felony and is punishable by no more than 4 years of imprisonment. Possession of marijuana in excess of 16 ounces but less than 10 pounds is a class D felony and is punishable by no more than 7 years of imprisonment. Possession of marijuana in excess of 10 pounds is a class C felony and is punishable by no more than 15 years of imprisonment.

New York Sale Laws

  • Exchange without payment of less than 2 grams of marijuana and/or one marijuana cigarette is a class B misdemeanor and is punishable by no more than 3 months imprisonment.
  • Sale of marijuana in any amount to a person under 18 years of age is a class D felony and is punishable by up to 7 years of imprisonment.
  • Sale of marijuana in an amount less than 25 grams is a class A misdemeanor and is punishable by no more than 1 year of imprisonment. Sale of marijuana in an amount greater than 25 grams but less than 4 ounces is a class E felony and is punishable by up to 4 years of imprisonment. Sale of marijuana in an amount greater than 4 ounces but less than 16 ounces is a class D felony and is punishable by up to 7 years of imprisonment. Sale of marijuana in excess of 16 ounces is a class C felony and is punishable by up to 15 years of imprisonment.
  • Using a child to assist in the sale of marijuana is a class E felony and is punishable by no more than 4 years of imprisonment. This offense includes hiding marijuana on a child or otherwise directing a child to assist in a marijuana sale.

New York Trafficking Laws

  • A person is considered a major trafficker of marijuana if they do one of the following: Act as the director of an organization, which sells $75000 worth of marijuana over the course of a year or less; collect $75000 or more from sales of marijuana over the course of 6 months or less; possess with intent to sell $75000 or more of marijuana over the course of 6 months or less. If one or more of the above are satisfied the person may be charged as a major trafficker, this is a class A-I felony and is punishable by 15-25 years of imprisonment.

New York Hash & Concentrates Laws

  • The term 'Marihuana' as used in the New York Criminal code is defined as including both plant-form Marihuana and Concentrated Cannabis. Marihuana is listed as a Schedule 1 drug on the New York Controlled Substances Schedule. Concentrated Cannabis is defined as the separated resin of the Cannabis plant, whether purified or raw, or any mixture or preparation containing at least 2.5% THC. Unlike most other states, New York uses the term Tetrahydrocannabinols exclusively to refer to synthetic cannabinoids, not Concentrates. New York does not apply its Marihuana decriminalization law to Concentrated Cannabis. There is no explicit justification for this in the statute, but specific penalties for offenses involving Concentrated Cannabis are separated from those involving plant-form Marihuana and the distinction is noted in caselaw.

New York Cultivation Laws

    • Growing cannabis is a class A misdemeanor and is punishable by up to 1 year of imprisonment and/or a fine of up to $1000. *While technically cultivation of any amount of marijuana is a misdemeanor, a person who cultivates marijuana is also "possessing" marijuana under current case law. Parmeter v. Feinberg affirms the state's ability to charge a person with the crime of "cultivation" and "possession" any time a person is caught growing marijuana. This means the more marijuana that a person cultivates the more severe the degree of possession that the state can charge."

New York Marijuana Possession Penalties

      1. For a first offender, possession of up to 25 grams of marijuana is punishable by a fine of $100.
      2. For a 2nd offense within three years of the first offense, possession of up to 25 grams of marijuana is punishable by a fine of $200.
      3. For the third or subsequent offense(s) within a three-year period, possession of up to 25 grams of marijuana is punishable by a fine of $250 and/or imprisonment of 15 days or less. Possession of marijuana in excess of 25 grams but less than 2 ounces is a class B misdemeanor and is punishable by no more than 3 months imprisonment.
      4. Possession of marijuana in excess of 2 ounces but less than 8 ounces is a class A misdemeanor and is punishable by no more than 1 year of imprisonment.
      5. Possession of marijuana in excess of 8 ounces but less than 16 ounces is a class E felony and is punishable by no more than 4 years of imprisonment. Possession of marijuana in excess of 16 ounces but less than 10 pounds is a class D felony and is punishable by no more than 7 years of imprisonment. Possession of marijuana in excess of 10 pounds is a class C felony and is punishable by no more than 15 years of imprisonment.

New York Marijuana Intent To Sell Penalties

      1. Exchange without payment of less than 2 grams of marijuana and/or one marijuana cigarette is a class B misdemeanor and is punishable by no more than 3 months imprisonment.
      2. Sale of marijuana in any amount to a person under 18 years of age is a class D felony and is punishable by up to 7 years of imprisonment.
      3. Sale of marijuana in an amount less than 25 grams is a class A misdemeanor and is punishable by no more than 1 year of imprisonment. Sale of marijuana in an amount greater than 25 grams but less than 4 ounces is a class E felony and is punishable by up to 4 years of imprisonment. Sale of marijuana in an amount greater than 4 ounces but less than 16 ounces is a class D felony and is punishable by up to 7 years of imprisonment. Sale of marijuana in excess of 16 ounces is a class C felony and is punishable by up to 15 years of imprisonment.

New York Marijuana Cultivation Penalties

      1. Growing cannabis is a class A misdemeanor and is punishable by up to 1 year of imprisonment and/or a fine of up to $1000.

New York Marijuana Paraphernalia Penalties

      1. Possession or sale of scales or balances for the purpose of weighing or measuring marijuana is a class A misdemeanor and is punishable by up to 1 year of imprisonment. Any subsequent conviction of possession or sale of paraphernalia is a class D felony and is punishable by up to 7 years imprisonment and a fine of up to $5000.

A person is considered a major trafficker of marijuana if they do one of the following: Act as the director of an organization, which sells $75000 worth of marijuana over the course of a year or less; collect $75000 or more from sales of marijuana over the course of 6 months or less; possess with intent to sell $75000 or more of marijuana over the course of 6 months or less. If one or more of the above are satisfied the person may be charged as a major trafficker, this is a class A-I felony and is punishable by 15-25 years of imprisonment.

If convicted of a felony offense the following may be forfeited, unless the forfeiture would be disproportionate from what the defendant gained from the offense: the proceeds from the offense, instruments used in the offense (including a car).


Offense

Penalty

Incarceration

  Max. Fine  

Possession

Less than 25 g. (First offense)

N/A

N/A

$100

Less than 25 g. (Second offense)

N/A

N/A

$200

Less than 25 g. (Third offense)

N/A

15 days

$250

25 g. - 2 oz.    

Misdemeanor

3 months

$250

2 oz. - 8 oz.

Misdemeanor

1 year

$250

8 oz. - 1 lb.                 

Felony

4 years

$250

1 lb. - 10 lbs.

Felony

7 years

$250

More than 10 lbs.

Felony

15 years

$250

In public view

Misdemeanor

90 days

$250

Sale

Less than 2 g. without profit

Misdemeanor

3 months

$500

Less than 25 g.

Misdemeanor

1 year

$1,000

25 g. - 4 oz.

Felony

4 years

$5,000

4 oz. - 1 lb.

Felony

7 years

$5,000

More 1 lb.

Felony

15 years

$15,000

Using a child to assist

Felony

4 years

$5,000

To a minor

Felony

7 years

$5,000

Trafficking

Any Amount

Felony

15-25 years

N/A

* Mandatory minimum sentence.

Cultivation

Any Amount

Misdemeanor

1 year

$1,000

* Cultivating marijuana is also possessing marijuana under current case law. See penalty details section below.

Hash & Concentrates

Possession of up to 1/4 oz.

Misdemeanor

1 year

$1,000

Possession of 1/4 - 1 oz.

Felony

7 years

$5,000

Possession of 1 oz. or more

Felony

15 years

$15,000

Sale

Felony

15 years

$15,000

Paraphernalia

Possession or sale of scales or balances for the purpose of weighing or measuring marijuana.

Misdemeanor

1 year

N/A

Subsequent offense

Felony

7 years

$5,000