New York City Marijuana Possession Attorney
Criminal Defense for Marijuana Charges in Queens
The illegal substance known as cannabis (commonly referred to as marijuana)
is one of the nation's most widely abused drugs. This drug is an almost
all-natural drug and usually consists of flowers, stems, seeds and leaves
of the cannabis plant; the medically noted active ingredient is that of
delta-9-tetrahydrocannabinol, commonly shortened to THC. Typically smoked,
marijuana releases the THC into lungs, which then travels into the blood
and throughout the body. Once in the brain, it can begin to influence
and interfere with perception, coordination, memory, learning, and problem solving.
We represent the rights of those charged with any offense involving marijuana,
throughout all of New York, including Queens, Brooklyn, The Bronx, Manhattan,
Rockland County and Westchester County.
Why Is It Important That You Have an Aggressive Lawyer?
Although marijuana-related offenses are typically considered the least
serious drug crimes, there are harsh consequences if you are charged with
distribution or cultivation. Even marijuana
possession can carry jail or prison time depending on the amount found in one's
possession or on one's property.
Representing clients throughout New York City, the
criminal defense team at Musa-Obregon & Associates is committed to helping arrestees,
suspects and defendants avoid the serious repercussions of marijuana charges.
If you would like to learn how the firm can assist you, call today to
schedule a consultation with an
NYC drug crime defense lawyer. Having your questions answered and concerns addressed by a knowledgeable
professional may be just what you need to make informed choices about
your case – not to mention protect your freedom from the very beginning
of any criminal proceedings.
Marijuana Possession Penalties in Queens
The severity of a marijuana offense will vary depending on the type of
alleged crime and the amount of cannabis involved. Under New York State
Penal Code § 221.05, minor marijuana possession charges are considered
violations and do not carry criminal penalties. Possession of less than
25 grams is a violation carrying a monetary fine of $100 for a first offense
and $200 for a second offense within 3 years of the first offense. A third
marijuana possession offense within 3 years, however, even involving less
than 25 grams of cannabis, is a misdemeanor offense punishable by up to
15 days in jail and/or a fine of $250.
The classification of marijuana charges and penalties associated with these
increase as the amount ofcannabis increases, as follows:
- Possession of marijuana in the fifth degree: use of marijuana in a public
place, possession of marijuana in open view, or possession of more than
25 grams of marijuana. This is a class B misdemeanor, punishable by up
to 3 months in jail and a fine of $500.
- Possession of marijuana in the fourth degree: possession of more than two
ounces of marijuana. This is a class A misdemeanor, punishable by up to
1 year in jail and a $1k fine.
- Possession of marijuana in the third degree: possession of more than eight
ounces of marijuana. This is a class E felony, punishable by up to 4 years
in prison and a fine.
- Possession of marijuana in the second degree: possession of more than 16
ounces of marijuana. This is a class D felony, punishable by up to 7 years
in prison and a fine.
- Possession of marijuana in the first degree: possession of more than 10
pounds of marijuana. This is a class C felony, punishable by up to 15
years in prison and a $15k fine.
It is important to note that the courts have much discretion in sentencing
drug offenders, so the terms of imprisonment and fines for marijuana offenses
may vary from those listed above.
Marijuana Sale Charges & Penalties
Marijuana sale charges and penalties are far more severe than those for
simple possession. A defendant may find that he or she is facing possession for
sale, sale or distribution charges related to marijuana if certain items are
discovered by law enforcement during a search that may indicate that the
defendant was selling or intended to sell the drugs. This may include
measuring scales, bags, lists of names and phone numbers, large amounts
of cash and drug paraphernalia.
Marijuana sale in the fifth degree, the least serious of all marijuana
sale charges, involves selling two grams or less of marijuana, or one
cigarette containing marijuana. This is a class B misdemeanor, and a defendant
may face up to three months in jail and a fine. The charges and penalties
increase as the amount of marijuana increases, all the way to a class
C felony for selling more than 16 ounces of marijuana. While class C felony
marijuana possession involves more than 10 pounds of marijuana, the equivalent
of this offense involving sales requires only 16 ounces.
Call Our Marijuana Defense Firm in Queens - Free Consultation
When dealing with drug crimes relating to marijuana, no matter whether
it involves possession, distribution, cultivation or another alleged offense,
it is highly encouraged that you involve a competent criminal defense
lawyer as soon as possible. Even a first marijuana possession offense
can have serious repercussions, as this will be on your record and may
influence future penalties for marijuana and other drug crimes. From first
time offenders to cases involving marijuana trafficking in federal court,
the team at
Musa-Obregon & Associates has the skills and resources necessary to seek the best possible result.
Take this opportunity to learn more about your legal rights and your options
in challenging marijuana charges by
contacting a Queens marijuana possession attorney at the firm.