Wednesday, April 18, 2018

Three Things You Gotta Know to Celebrate 420 Safely

Celebrate 420 Safely in NewYork
Ok 420 is coming this Friday, and I am ever mindful of the power of the flower. Marijuana is truly a remarkable plant that can help many people. I believe it the key to this opioid crisis that is killing thousands of people. It's uses medically for PTSD, anxiety, and a host of autoimmune conditions is staggering. Unfortunately it is still a federally controlled substance.

Using cannabis in New York be mindful of just three No's and ONE huge positive YES...

Don't Have Any Lit Weed in Public in New York on 420

The difference between having a lit joint and an unlit joint in public is huge. One is a criminal misdemeanor, and one is merely a violation. New York state loves punishing public use of marijuana.
Keep your smoking private not public otherwise there are always edibles.

Don't Have More Than 25 Grams of Marijuana on Your Person in New York

Keep your transport and stash of cannabis to under 25 grams in New York. I know it's a pain, smoke some but over 25 grams is again when New York charges a criminal misdemeanor.

Don't Have Any Concentrated Cannabis Because Then It's No Longer Cannabis in New York

Concentrated cannabis, like 710 (the word “OIL” flipped and spelled backwards), wax, honey oil, budder, butane honey oil (BHO), shatter, dabs, and black glass are ALL no longer considered marijuana in New York. Yes, you heard that right once THC is concentrated it is re-classified.

This new category is "as if" you possessed cocaine, heroin, LSD, or any other controlled substance. You will be charged as Criminal Possession of a Controlled Substance in the 7th degree, a misdemeanor.

And Now Some Good New York Cannabis News

In New York State first timers charged with a cannabis offense will be able to motion the court for a Marijuana ACD.

Penal Law 221.05 UPM (Unlawful Possession of Marijuana)
Penal Law 221.10 CPM (Criminal Possession of Marijuana) in the 5th degree (over 25 grams)
Penal Law 221.15 CPM (Criminal Possession of Marijuana) in the 4th degree
Penal Law 221.35 Sale of Marijuana (remember sale = any exchange in New York)
Penal Law 221.40 Sale of Marijuana 

These charges are all covered under the First Time Offender ACD (Adjournment in contemplation of dismissal) statute. 

Cannabis Charges Completely Dismissed with New York CPL Section 170.56

Called an "ACD for Marijuana" as in, you get one free bite at the apple. In New York you can use this ACD section once in your lifetime.

Captioned as "Adjournment in contemplation of dismissal in cases in involving marijuana."

If a person qualifies under the statute a motion can be made by his attorney, and then his marijuana charges may be dismissed in the future, and all his official records and papers relating to his arrest and prosecution, whether on file with the Court, the police, or the New York State Division of criminal justice services will be sealed and not made available to the public or private agencies.

Upon the granting of such an order by the Court, the arrest and prosecution can be considered and deemed a nullity (as if they never happened) and the person shall be restored to his or her pre-arrest status.

If of course someone has has other prior charges (relating to marijuana and/or other drugs) then his attorney can potentially negotiate to some other non-criminal disposition, such as disorderly conduct. This is a violation and all the records of the arrest and prosecution would be sealed at the local level.

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