Felony Charges for Marijuana Brownies

Marijuana and New York State Criminal Charges

Over the course of my years of practicing in the Finger Lakes region we have defended many college students from SUNY Cortland, SUNY Binghamton, Cornell University, Ithaca College, Keuka College, etc. Marijuana use seems to go with college like cereal goes with milk. 

It is now legal recreationally or medically in so many states BUT some people think that New York State has completely decriminalized marijuana, sometimes it is only charged as a violation, but even in relatively small quantities it can be charged as a misdemeanor or even as a felony (if sold to minors). 

The New York Times recently did an article on Marijuana's New York history. 

https://www.nytimes.com/2018/02/05/nyregion/new-york-today-marijuana-history.html

Is legalization close at hand? 

Marijuana in Your Car in New York State

It is always a bad idea to travel with marijuana. Because of it's pungent and familiar odor police have a reason to go through your belongings. If you are stopped for speeding, an unsignaled lane change, etc. watch out. Things go south fast.

NOTE: After any lawful arrest in an automobile in NYS the entire car is subject to search top to bottom, inside and out. So much for your 4th amendment rights in New York State.

Walking Outside Smoking Marijuana in New York

Outside, in a public park or on the street we have a different story. Police will sometimes make a false statement ie. lie to get an arrest. I know, as unbelieveable as that may sound Virginia, it happens. Law enforcement will tell college kids that they "have to" make a search. That if they want to avoid an arrest they should empty their pockets, and to show them what they have or else? Legally they could only pat you down for weapons, but to go into your pockets requires permission or probable cause, but once the marijuana is exposed to public view we have a full blown misdemeanor.

Ranking New York State Marijuana Offenses (least to highest level) 

Here is a ranking of the New York State Pot Laws from least severe to more severe (in terms of penalties and consequences):

1. UPM under Penal Law 221.05: Unlawful Possession of Marijuana

Is not a crime (criminal level)it is merely a violation BUT since marijuana is a controlled substance under FederalLaw a plea of guilty will make you ineligible for Federal Financial Aid (thank you President Clinton) for one year. It as to go on your FAFSA application. 

Side note: Marijuana is not considered a controlled substance under New York State Law but we are discussing Federal Student Loans, Federal Work Study Monies, Federal Grants, and the Federal Hope College Credit. 

UPM is possession of less than 25 grams of marijuana. 

In the majority of these cases (with first time offenders) your attorney can move for an ACD (adjournment in contemplation of dismissal) or a straight dismissal of the charge. The judge will set the term of staying out of trouble (no new criminal charges) FOR EITHER 6 MONTHS OR ONE YEAR. It is in his discretion. Also in his discretion is whether there is a substance abuse evaluation. Some judges also require community service. 

The next level up of Marijuana offense is:

2. CPM under Penal Law 221.10: Criminal Possession of Marijuana in the 5th degree. 

This where the marijuana is either open to public view, burning, or where the amount is over 25 grams but less than 2 ounces. CPM is a crime. It is class B misdemeanor. 

The next level up of Marijuana offense is:

3. CPM under Penal Law 221.15: Criminal Possession of Marijuana in the 4th degree. This is where you have more than 2 ounces but less than 8 ounces. Now that's what the District Attorney will say is real weight, and they are thinking at this point you are dealing drugs and not just possessing them for personal use. CPM in the 4th is a class A misdemeanor.

4. Penal Law 221.35 is for the Sale of Marijuana. All that is necessary is less than 2 grams or one joint/blunt. It is a Class B misdemeanor. Sale is a very loose term under the statute. Sale also includes gifting or an exchange of anything, as no "consideration" is needed under the statute to consider it a sale.

5. Penal Law 221.40 is for the Sale of Marijuana. Less than one ounce. It is a Class A misdemeanor. 

The next two levels are where we move from misdemeanor level offenses (less than a year in jail) to felony level offenses (more than one year in jail). Misdemeanor offenses can be handled by City, Town, or Village Courts. Felony charges are only handled at the County Court level.

* Beware that Sale of More than ONE OUNCE moves the offense to Class E FELONY Status in New York State (punishable by up to 3 years in State Prison). 

* Beware of New York State Penal Law 221.50. Sale of Marijuana to a minor (a person less than 18 years old). It is a Class D Felony Status. Which is punishable by a term of 4 to 7 years in State Prison, that's not county jail. 

I would like to end off with the GOOD NEWS about number 1 through 5 above:

That Penal Law 221.05 UPM (Unlawful Possession of Marijuana), Penal Law 221.10 CPM (Criminal Possession of Marijuana) in the 5th degree, Penal Law 221.15 CPM (Criminal Possession of Marijuana) in the 4th degree, Penal Law 221.35 Sale of Marijuana, and Penal Law 221.40 Sale of Marijuana are all covered under the First Time Offender ACD statute.

Getting Marijuana Charges Completely Dismissed with New York Criminal Procedure Law Section 170.56

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

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?

Ithaca DWI Lawyer: Off the Job Marijuana Use Leads to Legal Firing

Quadriplegics Aren't Protected
Under Federal Marijuana Law 

As we all stand witness to both the changing laws and the growth of the marijuana industry I am greatly troubled by all the injustice. But Larry twenty five states have medical marijuana and eight have recreational marijuana, isn't that great progress? Well yes and no because the law is still greatly imbalanced and confusing.

We have no uniformity with what driving while high on THC even means, we have four different standards nationally for driving impaired by THC. We have no uniformity for the medical use and prescription of marijuana amongst the twenty five states legalizing it's use. And we still have Federal law on controlled substances which just this past year has labeled marijuana as Schedule one right next to heroin and LSD. A recent Colorado case highlights just how messed up things still remain.


When a quadriplegic can't use his legalized medical marijuana without punishment well what about the average joe?

Ithaca DWI Lawyer: The Dangers of Marijuana Use and a State License

Nothing Like a Colorado Rocky Mountain High

Just this month a New York Times article really brought to light how we are living in dangerous times. The best of times and the worst of times when it comes to the legalization of marijuana. With more than twenty five states now with medical pot and many with recreational marijuana sales in the billions are we heading for National legality? Are we as far as we think we are progressively when it comes to accepting marijuana for what it is? If you hold a teaching certification or other professional license in New York State is it dangerous to smoke or consume marijuana while on a Colorado or California vacation?

Ithaca DWI Lawyer: Ithaca's Plate Scanners Give Law Enforcement Stopping Power

Police Scanners are Located on the Back of a Patrol Car

In 2014 Governor Cuomo granted Ithaca City Police, Cayuga Village Police, Tompkins County Sheriff's Office, Dryden Police, and Trumansburg Police money to buy Automatic License Plate Recognition Scanners (ALPR). This modern technology can give law enforcement a fast tool to assess a car and it's occupants in seconds. Some states like New Hampshire have been this technology as being an invasion of privacy but not New York. What if the scanner is not accurate? Is the stop of your car legal? Is anything the police finds in your car or on your person a violation of your rights?