The New York Criminal Law Blog

A Primer on Pot Laws in New York

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In light of "420", it would be fit to discuss the topic of marijuana  and the New York laws related to it. If you know what 420 means, then you've come to the right place. If not, perhaps an explanation is necessary.

420 is a euphemism for smoking marijuana. And April 20, or 4/20, is considered a day of festivities for pot smokers in the United States. And for those who support the legalization of marijuana, it's Christmas!

And for New York criminal defense attorneys, it's a day that brings them many interesting legal questions.

So let's have a look at the rules regarding marijuana in New York state.

Marijuana, or marihuana, is governed under the New York Penal Code. Marijuana charges range from unlawful possession, which imposes merely a fine of not more than one hundred dollars, to first degree criminal sale of marijuana, which is a class C felony.

Essentially, someone in possession of pot can get off with a simple slap on the wrist or could face years of jail time. It really depends on the amount of marijuana in possession, whether the possession was in a public place and whether the holder of the marijuana was trying to sell it.

And, of course, if it's crossing interstate lines. In fact, a recent question on FindLaw's answer-board dealt with this very issue if interstate drug trafficking.  

Furthermore, crimes involving marijuana aren't just limited to the possession or sale of the substance. A person can be charged with conspiracy or with solicitation relating to the marijuana, in addition to the charges of possession. Conspiracy is essentially the act of agreeing with another person to commit a crime. Solicitation is the intentional act of causing another to commit a particular crime.

If you've been charged with a marijuana related crime, talk to a New York criminal defense lawyer to find out what your rights are. New York criminal defense lawyers have a good knowledge of drug related offenses and can help you figure out a good defense strategy.

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