Passion, Knowledge & Experience
New York State has finally legalized recreational marijuana, with some restrictions. S.854-A/A.1248-A went into effect immediately, although it is taking longer than expected for regulations that will allow the opening of dispensaries and legal sales. Not that it is stopping anybody from opening cannabis shops.
Some police agencies are now harassing cannabis shops on the "gateway crime" theory. Apparently they really have their panties in a twist over the horror of Reefer Madness.
So what do the new cannabis laws look like?
NYS Penal Law § 222.25 Unlawful possession of cannabis. A person is guilty of unlawful possession of cannabis when he or she knowingly and unlawfully possesses cannabis and such cannabis weighs more than three ounces or concentrated cannabis and such concentrated cannabis weighs more than twenty-four grams. Unlawful possession of cannabis is a violation punishable by a fine of not more than one hundred twenty-five dollars.
NYS Penal Law § 222.30 Criminal possession of cannabis in the third degree. A person is guilty of criminal possession of cannabis in the third degree when he or she knowingly and unlawfully possesses: 1. cannabis and such cannabis weighs more than sixteen ounces; or 2. concentrated cannabis and such concentrated cannabis weighs more than five ounces. Criminal possession of cannabis in the third degree is a class A misdemeanor.
NYS Penal Law § 222.35 Criminal possession of cannabis in the second degree. A person is guilty of criminal possession of cannabis in the second 2 degree when he or she knowingly and unlawfully possesses: 1. cannabis and such cannabis weighs more than five pounds; or 2. concentrated cannabis and such concentrated cannabis weighs more 5 than two pounds. Criminal possession of cannabis in the second degree is a class E felony.
NYS Penal Law § 222.40 Criminal possession of cannabis in the first degree. A person is guilty of criminal possession of cannabis in the first degree when he or she knowingly and unlawfully possesses: 1. cannabis and such cannabis weighs more than ten pounds; or 2. concentrated cannabis and such concentrated cannabis weighs more than four pounds. Criminal possession of cannabis in the first degree is a class D felony.
NYS Penal Law § 222.45 Unlawful sale of cannabis. A person is guilty of unlawful sale of cannabis when he or she knowingly and unlawfully sells cannabis or concentrated cannabis. Unlawful sale of cannabis is a violation punishable by a fine of not more than two hundred fifty dollars.
NYS Penal Law § 222.50 Criminal sale of cannabis in the third degree. A person is guilty of criminal sale of cannabis in the third degree when: 1. he or she knowingly and unlawfully sells more than three ounces of cannabis or more than twenty-four grams of concentrated cannabis; or 2. being twenty-one years of age or older, he or she knowingly and unlawfully sells or gives, or causes to be given or sold, cannabis or concentrated cannabis to a person less than twenty-one years of age; except that in any prosecution under this subdivision, it is a defense that the defendant was less than three years older than the person under the age of twenty-one at the time of the offense. This subdivision shall not apply to designated caregivers, practitioners, employees of a registered organization or employees of a designated caregiver facility acting in compliance with article three of the cannabis law. Criminal sale of cannabis in the third degree is a class A misdemeanor.
NYS Penal Law § 222.55 Criminal sale of cannabis in the second degree. A person is guilty of criminal sale of cannabis in the second degree when: 1. he or she knowingly and unlawfully sells more than sixteen ounces of cannabis or more than five ounces of concentrated cannabis; or 2. being twenty-one years of age or older, he or she knowingly and unlawfully sells or gives, or causes to be given or sold, more than three ounces of cannabis or more than twenty-four grams of concentrated cannabis to a person less than eighteen years of age. This subdivision shall not apply to designated caregivers, practitioners, employees of a registered organization or employees of a designated caregiver facility acting in compliance with article three of the cannabis law. Criminal sale of cannabis in the second degree is a class E felony.
NYS Penal Law § 222.60 Criminal sale of cannabis in the first degree. A person is guilty of criminal sale of cannabis in the first degree when he or she knowingly and unlawfully sells more than five pounds of cannabis or more than two pounds of concentrated cannabis. Criminal sale of cannabis in the first degree is a class D felony.
NYS Penal Law § 222.65 Aggravated criminal sale of cannabis. A person is guilty of aggravated criminal sale of cannabis when he or she knowingly and unlawfully sells cannabis or concentrated cannabis weighing one hundred pounds or more. Aggravated criminal sale of cannabis is a class C felony.
On the other hand, some of the new protections for cannabis use that are now in effect include:
NYS Public Health Law, Article 6 § 127 (1) No business/occupational/professional board can disciple or discriminate against person solely for conduct allowed under the new cannabis law.
NYS Public Health Law, Article 6 § 127 (5) No person can be denied custody of visitation solely for conduct allowed under the new cannabis laws.
NYS Public Health Law, Article 6 § 127 (6) A person on probation, parole, or other form of supervision cannot be sanctioned for use of cannabis as allowed under the new law unless the terms of that supervision specifically prohibit the use of cannabis. Moreover, that prohibition must be reasonably related to the underlying crime for which the person is being supervised.
NYS Penal Law, Article 222 § 222.05(a) It is now lawful for a person age 21 or older to possess, display, and transport up to 3 ounces of cannabis and 24 grams of concentrated cannabis.
NYS Penal Law, Article 222 § 222.05(b) It is now lawful for a person age 21 or older to transfer without compensation up to 3 ounces of cannabis and 24 grams of concentrated cannabis to another adult age 21 or older.
NYS Penal Law, Article 222 § 222.05(c) It is now lawful for a person age 21 or older to smoke or otherwise ingest cannabis.
NYS Penal Law, Article 222 § 222.15 It is now lawful for a person age 21 or older to cultivate and harvest up to three mature and three immature cannabis plants at a time.
NYS Penal Law, Article 222 § 222.15(5) It is now lawful for a person age 21 to store up to five pounds of harvested cannabis in their home.
If you are facing cannabis charges in Monroe, Livingston, Wayne, Orleans, or Ontario Counties, we can help. You can reach an experienced criminal defense attorney by calling The Militello Law Firm at (585) 485-0025.
Militello Law Firm
2480 Browncroft Blvd.
Rochester, NY 14625
1 University Drive
Geneseo, NY 14454
(585) 485-0025
Fax: (585) 286-3128