Pending States

New York Marijuana Penalties

Offense

Penalty

Incarceration

  Max. Fine  

Possession

Less than 25 g. (First offense)

N/A

N/A

$100

Less than 25 g. (Second offense)

N/A

N/A

$200

Less than 25 g. (Third offense)

N/A

15 days

$250

25 g. - 2 oz.    

Misdemeanor

3 months

$250

2 oz. - 8 oz.

Misdemeanor

1 year

$250

8 oz. - 1 lb.                 

Felony

4 years

$250

1 lb. - 10 lbs.

Felony

7 years

$250

More than 10 lbs.

Felony

15 years

$250

In public view

Misdemeanor

90 days

$250

Sale

Less than 2 g. without profit

Misdemeanor

3 months

$500

Less than 25 g.

Misdemeanor

1 year

$1,000

25 g. - 4 oz.

Felony

4 years

$5,000

4 oz. - 1 lb.

Felony

7 years

$5,000

More 1 lb.

Felony

15 years

$15,000

Using a child to assist

Felony

4 years

$5,000

To a minor

Felony

7 years

$5,000

Trafficking

Any Amount

Felony

15-25 years

N/A

* Mandatory minimum sentence.

Cultivation

Any Amount

Misdemeanor

1 year

$1,000

* Cultivating marijuana is also possessing marijuana under current case law. See penalty details section below.

Hash & Concentrates

Possession of up to 1/4 oz.

Misdemeanor

1 year

$1,000

Possession of 1/4 - 1 oz.

Felony

7 years

$5,000

Possession of 1 oz. or more

Felony

15 years

$15,000

Sale

Felony

15 years

$15,000

Paraphernalia

Possession or sale of scales or balances for the purpose of weighing or measuring marijuana.

Misdemeanor

1 year

N/A

Subsequent offense

Felony

7 years

$5,000

 

New York Marijuana Possession Penalties

  1. For a first offender, possession of up to 25 grams of marijuana is punishable by a fine of $100.
  2. For a 2nd offense within three years of the first offense, possession of up to 25 grams of marijuana is punishable by a fine of $200.
  3. For the third or subsequent offense(s) within a three-year period, possession of up to 25 grams of marijuana is punishable by a fine of $250 and/or imprisonment of 15 days or less. Possession of marijuana in excess of 25 grams but less than 2 ounces is a class B misdemeanor and is punishable by no more than 3 months imprisonment.
  4. Possession of marijuana in excess of 2 ounces but less than 8 ounces is a class A misdemeanor and is punishable by no more than 1 year of imprisonment.
  5. Possession of marijuana in excess of 8 ounces but less than 16 ounces is a class E felony and is punishable by no more than 4 years of imprisonment. Possession of marijuana in excess of 16 ounces but less than 10 pounds is a class D felony and is punishable by no more than 7 years of imprisonment. Possession of marijuana in excess of 10 pounds is a class C felony and is punishable by no more than 15 years of imprisonment.

New York Marijuana Intent To Sell Penalties

  1. Exchange without payment of less than 2 grams of marijuana and/or one marijuana cigarette is a class B misdemeanor and is punishable by no more than 3 months imprisonment.
  2. Sale of marijuana in any amount to a person under 18 years of age is a class D felony and is punishable by up to 7 years of imprisonment.
  3. Sale of marijuana in an amount less than 25 grams is a class A misdemeanor and is punishable by no more than 1 year of imprisonment. Sale of marijuana in an amount greater than 25 grams but less than 4 ounces is a class E felony and is punishable by up to 4 years of imprisonment. Sale of marijuana in an amount greater than 4 ounces but less than 16 ounces is a class D felony and is punishable by up to 7 years of imprisonment. Sale of marijuana in excess of 16 ounces is a class C felony and is punishable by up to 15 years of imprisonment.

New York Marijuana Cultivation Penalties

  1. Growing cannabis is a class A misdemeanor and is punishable by up to 1 year of imprisonment and/or a fine of up to $1000.

New York Marijuana Paraphernalia Penalties

  1. Possession or sale of scales or balances for the purpose of weighing or measuring marijuana is a class A misdemeanor and is punishable by up to 1 year of imprisonment. Any subsequent conviction of possession or sale of paraphernalia is a class D felony and is punishable by up to 7 years imprisonment and a fine of up to $5000.

A person is considered a major trafficker of marijuana if they do one of the following: Act as the director of an organization, which sells $75000 worth of marijuana over the course of a year or less; collect $75000 or more from sales of marijuana over the course of 6 months or less; possess with intent to sell $75000 or more of marijuana over the course of 6 months or less. If one or more of the above are satisfied the person may be charged as a major trafficker, this is a class A-I felony and is punishable by 15-25 years of imprisonment.

If convicted of a felony offense the following may be forfeited, unless the forfeiture would be disproportionate from what the defendant gained from the offense: the proceeds from the offense, instruments used in the offense (including a car).