New York State Laws on Possession
of Marijuana.
|
Offense |
|
Class |
|
Incarceration |
|
Fine |
| 25 g or less
(1st offense) |
|
Civil Citation |
|
None |
|
$100 |
|
25 g or less (2nd offense) |
|
Civil Citation |
|
None |
|
$200 |
| 25 g or less
(3rd offense) |
|
misdemeanor
|
|
5 days and/or fine |
|
$250 |
|
25 g to 2 oz* |
|
misdemeanor |
|
3
months |
|
$500 |
| 2 to 8 oz |
|
class A
misdemeanor |
|
1 year and/or fine |
|
$1,000 |
|
8 to 16 oz (1st felony) |
|
class E felony |
|
1-4
years and/or fine, if second offense- 3-4 years mandatory
1/2 jail sentence |
|
$5,000 |
| 16 oz to 10
lbs (1st felony) |
|
class D felony |
|
1 - 15 years and/or fine,
if 2nd offense mandatory 1/2 jail sentence |
|
$5,000 |
|
More than 10 lbs (1st felony) |
|
class C felony |
|
1 - 15
years and/or fine, if 2nd offense mandatory 1/2 jail
sentence |
|
$5,000 |
* Includes any amount in public
where marijuana is burning or open to public view. |
