With marijuana legalized in some form or another in more than two dozen states, it’s easy to assume that a marijuana possession charge is no big deal. Unfortunately, though, New York is behind the times relative to its peers in terms of legislation whether you are supportive of the law as it stands now or not.
Though marijuana was technically decriminalized in New York in 1977, it was considered one of the weakest versions of decriminalization in the country All too often, though, police still arrest people in New York for marijuana possession.
Many times, this comes as a result of unfair “stop and frisk” procedures or the accused decide they will light up a blunt or smoke a bowl right out in public. Other times, however, being caught is as simple as a mistake. No matter what the circumstances are, a New York marijuana possession lawyer is here to help. Contact a qualified drug possession lawyer who can fight for you.
Penalties for Marijuana Possession in New YorkThe severity of the penalty for possessing marijuana in New York generally depends upon the amount of the drug found on the person. Their intent to use or to sell the drug can also inform the penalties they face.
A person with a small amount of marijuana intended for personal use may only receive a small fine or even have their case dismissed, while someone with large amounts of the drug who is intending to sell may see many years in prison.
Those in possession of synthetic or concentrated forms of marijuana may see more serious penalties prosecuted not as a marijuana offense, but as a controlled substance or narcotics crime with far more serious felonious ramifications. From fines to incarceration, marijuana possession penalties are no joke in New York.
A person does not have to be caught exchanging marijuana for cash in order to be arrested on charges of attempt to distribute drugs. Large amounts of the drug, plastic bags, measuring scales and drug paraphernalia are often enough proof for police to arrest a person. The penalties for attempting to distribute drugs can be harsh, even more so than the ones for mere possession.
Marijuana Possession Defense StrategiesIn New York, people who have been charged with marijuana possession have options. Not all arrests necessarily lead to prison time or expensive fines. With the help of a good New York marijuana possession lawyer, a person may be eligible for something known as Adjournment in Contemplation of Dismissal, or ACD.
This means their case will be adjourned for one year. If in that time period, the person has not been arrested for the same offense, their case is dismissed and sealed. This means their criminal record remains clean. Equally important, the right marijuana defense attorney can potentially decrease your exposure on the one-year adjournment for dismissal.
While every case is unique, the law allows, and our criminal defense attorneys have secured, same day dismissals as one’s first court appearance. For a foreign national, college student and professional with licenses and certifications, this decreased sealing time is of tremendous value.
Contacting a LawyerA marijuana possession arrest doesn’t mean a person is guilty. The only way to truly know what you are up against is to have a New York marijuana possession lawyer take a look at your options.
The marijuana laws in this country are constantly changing, so it pays to have a knowledgeable ally by your side to defend you. Contact a New York marijuana possession lawyer can be your guide and can fight to assure that an arrest for marijuana possession or sale in New York does not ruin your future.
Call the New York Marijuana Possession attorney and former Manhattan Assistant District Attorneys at (212) 312-7129 or get in touch online.