Sunday, January 29, 2017

Ithaca DWI Lawyer: New York Dangers of Possessing Concentrated Cannabis

Hash Oil is Potent
New York State has a special set of laws and regulations for marijuana. In fact, a small quantity of pot  is merely a violation in New York State. It's called UPM (unlawful possession of marijuana) under NY penal law section 220.05 Any amount from resin (yes resin in a pot) to 25 grams is still UPM in New York.

But be mindful that even resin Unlawful Possession can still carry many collateral consequences outside of court like ineligibility for Federal students grants, loans, and aid. What's far worse than garden day variety weed is concentrated marijuana.

How does New York define concentrated cannabis and how is that different than being charged with a Penal law section 221.05 UPM?

A Growing Trend is the Use and Availability of Concentrated Cannabis in New York Colleges and Universities

We have been seeing a higher prevalence of concentrated cannabis charges within the student population of Ithaca. Cops finding it in cars and dorm room parties. Dabbing or using concentrated cannabis is not just for college students it's becoming a nationwide trend in efficient THC delivery. It comes in the form of a gooey wax like substance. Sometimes referred to as wax, honey, or butter this is very potent stuff. Basically it is distilled marijuana. It produces a bigger high, the better, longer, and faster high for those that use concentrated marijuana. It has much higher levels of THC than grass. For sake of comparison, grass is about 20% THC, and wax is about 80% THC. Like comparing drinking a beer to drinking a glass of Jack Daniels.

Under NYS law concentrated cannabis is defined as follows:

4. "Concentrated Cannabis" means
    (a)  the  separated  resin, whether crude or purified, obtained from a
  plant of the genus Cannabis; or
    (b) a material, preparation,  mixture,  compound  or  other  substance
  which  contains  more than two and one-half percent by weight of delta-9
  tetrahydrocannabinol, or  its  isomer,  delta-8  dibenzopyran  numbering
  system,  or  delta-1  tetrahydrocannabinol  or  its  isomer, delta 1 (6)
  monoterpene numbering system.

New York Has Steep Penalties for those Using and Selling Concentrated Marijuana (Hashish)

New York makes possession of any concentrated cannabis (hashish) a controlled substance charge, and NOT a marijuana charge. So just possession of concentrated marijuana resin is a criminal misdemeanor of Possession of Controlled Substance in the 7th degree. Which means you are facing a up to one year of county jail or up to three years of probation supervision and monitoring and being labeled as having a drug problem or issue.

If you sell any amount of concentrated cannabis it is a class C felony level offense.  Felonies in New York State can subject you to prison time not jail time, and potentially five years of probation supervision and monitoring.

Any time you are facing marijuana or another drug type offense have your complete situation looked at by a local criminal defense attorney who focuses on these cases. Everyone's situation and goals are different depending on their major in college, their future desire to be licensed or certified, or their desire to obtain employment with a large company. We always like to say those with a brighter future have more at stake and more to safeguard than those with lower level aspirations.

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