Marijuana Charges Attorney in Westchester County, New York

Marijuana charges vary considerably in seriousness, depending on the circumstances of the case and the amount an individual is found with. Police and district attorneys are mostly concerned with finding and putting away marijuana distributors, so marijuana-related penalties are most stringent for people who are found with large amounts of the drug.

Several states have voted to legalize recreational marijuana, and quite a few more (including New York) have chosen to allow the use of medical marijuana. The legal status of cannabis has changed rapidly over the last few years and seems likely to continue to do so. However, marijuana remains a Schedule I substance on the federal level, and the criminal possession and sale of marijuana remain a serious offense.

The severity of charges related to the possession and sale of marijuana vary, depending on the amount of the substance found in your possession. If you were using or distributing marijuana in public view, the charges against you will be more severe.

If you have been charged with possession or sale of marijuana, it is important that you speak to an experienced and trusted attorney as soon as possible. The state of New York is already preparing a case against you, and it’s important that you do all you can to defend yourself.

Contact The Law Office of Michael D. Litman online, or call us today.

Criminal Possession of Marijuana

• Criminal possession of marihuana (it’s spelled with an “h” in the penal code) comes in five degrees of severity:

• Criminal possession of marihuana in the fifth degree- This is possession of a small amount of marijuana that is burning or open to public view or possession of an amount between 25 grams and 2 ounces. This is a class B misdemeanor, punishable by up to 90 days in jail.

• Criminal possession of marihuana in the fourth degree- Possession of 2 to 8 ounces of marijuana. This is a class A misdemeanor, punishable by up to 1 year in jail.

• Criminal possession of marihuana in the third degree- Possession of 8 ounces to 16 ounces (1 pound) of marijuana. This is a class E felony, punishable by up to 2 ½ years in prison with up to 2 years of post-release supervision (PRS).

• Criminal possession of marihuana in the second degree- Possession of 1 to 10 pounds of marijuana. This is a class D felony, punishable by up to 4 ½ years in prison with up to 2 years of post-release supervision (PRS).

• Criminal possession of marihuana in the first degree- Possession of more than 10 pounds of marijuana. This is a class C felony, punishable by up to 9 years in prison with up to 3 years of post-release supervision (PRS).

Possession of fewer than 25 grams of marijuana is a violation punishable (on the first offense) by a fine of no more than $100.

Criminal Sale of Marijuana

• Criminal sale of marijuana in the fifth degree- Sale of 2 grams or less, or 1 marijuana cigarette. This is a class B misdemeanor, punishable by up to 90 days in jail.

• Criminal sale of marijuana in the fourth degree- Sale of 25 grams or less of marijuana. This is a class A misdemeanor, punishable by up to 1 year in jail.

• Criminal sale of marijuana in the third degree- Sale of 25 grams to 4 ounces of marijuana. This is a class E felony, punishable by up to 2 ½ years in prison with up to 2 years of post-release supervision (PRS).

• Criminal sale of marijuana in the second degree- Sale of 4 ounces to 1 pound of marijuana. This is a class D felony, punishable by up to 4 ½ years in prison with up to 2 years of post-release supervision (PRS).

• Criminal sale of marijuana in the first degree- Sale of more than 1 pound of marijuana. This is a class C felony, punishable by up to 9 years in prison with up to 3 years of post-release supervision (PRS).

Two special cases relate to (1) selling to a minor or (2) using a child to assist. No matter the amount, using a child to assist in the sale is a class E felony. Sale to a minor is a class D felony.

What to Do If You Are Arrested

If you’ve been arrested, do not speak to the police officers about the facts of the case, you will not be able to talk your way out of an arrest. You can tell them that you want to speak to an attorney, and they are not supposed to speak to you any further about the case. Comply with the officer’s request for pedigree information, and politely ask to speak with an attorney. Anything you say is much more likely to incriminate you than to improve your position. Remember: You have the right to remain silent. It’s important that you use it.

After the arrest, it’s time for you to start thinking about how to defend yourself. The state is already preparing its case against you. The prosecution is already gathering evidence and finding witnesses. If you want to defend yourself, you’ll need an experienced attorney.

The right attorney can mean the difference between a guilty verdict and a not-guilty verdict. It can mean the difference between receiving the severest sentence possible and getting a lighter sentence. You need a plan if you’re going to defend yourself against these charges. Get an attorney you can trust.

Contact Us

If you find yourself in need of legal counsel, contact The Law Office of Michael D. Litman online or call us today us.