New York Marijuana Crimes: FAQ

No. Possession of marihuana is not legal in New York City or throughout the State of New York. In fact, other than in rare circumstances, possession of marijuana is a crime pursuant to New York Penal Law Article 221. However, possessing a small amount of marihuana that is not open to public view is a violation of law, not a crime, and will not give you a criminal record even if convicted.

No. Possession of marihuana is not legal in New York City or throughout the State of New York. However, possessing a small amount of marihuana that is not open to public view is a violation of law, not a crime, and will not give you a criminal record even if convicted. If you smoke marihuana somewhere that is open to public view, even in your car on the street, it is a crime – a B misdemeanor of Criminal Possession of Marihuana, which is punishable by up to 90 days in jail.

Yes, if it is open to public view pursuant to NY PL 221.10. Possessing a small amount of marihuana that is not open to public view is not a crime in New York. However, it is a violation of law that is punishable by a fine or up to 15 days in jail, but it will not give you a criminal record.

If you are smoking marijuana or selling marijuana, the police will arrest you and, at a minimum, charge you with PL 221.10 or PL 221.40 respectively. Possessing even a small amount of marihuana that is not open to public view is unlawful in New York, although it is not a crime. The police have the discretion, if they discover a small amount of marihuana that is not open to public view in your possession, to arrest you and bring you immediately before a judge, arrest you and issue you a DAT, or Desk Appearance Ticket, issue you a summons, or give you a warning and take no official action.

Selling a small amount of marihuana is a crime in New York – Criminal Sale of Marihuana in the Fourth Degree, PL 221.40, which is an A misdemeanor punishable by up to one year in jail. Greater amounts can be a felony punishable by time in state prison.