Marihuana Charges

Our New York City criminal defense attorneys and Westchester criminal defense lawyers have handled numerous cases involving possession or sale of marijuana. Marihuana, which is often spelled marijuana is often known as pot, hash or weed. These cases often turn on whether the person charged had possession or what the weight of the marijuana which was possessed was. Additionally, marihuana cases often involve complex issues of civil rights which involve search and seizure issues.

Often our attorneys see situations where a group of people are arrested when only one person possessed marijuana. Contrary to a popular misconception by the police, merely being with someone who possesses marihuana, is not illegal, so long as you did not know the other person had marihuana.

The most common offense which our New York City and Criminal Defense lawyers handle is Unlawful Possession of Marihuana which is a violation. To be guilty of possession of marihuana, a person must knowingly and unlawfully possesses marihuana. Contrary to popular belief, merely possessing marihuana, is not a crime and it is punishable only by a fine of one hundred dollars. However, where the defendant has previously been convicted of a drug offense within the three years preceding such violation, it is punishable only by a fine of two hundred dollars, if the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both. However the New York Criminal Procedure law allows the Court to grant an adjournment in contemplation of dismissal on a first time marihuana charge, which results in an automatic dismissal if the person stays out of trouble for six months.

The more serious offenses of marihuana involve higher amounts of marihuana or special circumstances. Criminal possession of marihuana in the fifth degree is a class B misdemeanor and occurs when a person smokes marihuana in a public place or the marihuana has an aggregate weight of more than twenty-five grams.

New York Penal Law 221.15 which is criminal possession of marihuana in the fourth degree is a class A misdemeanor. Criminal possession of marihuana in the fourth degree occurs when a person knowingly and unlawfully possesses marihuana with an aggregate weight of more than two ounces.

New York Penal Law 221.20 which is criminal possession of marihuana in the third degree ia a class E felony. Criminal possession of marihuana in the third degree occurs when a person when he knowingly and unlawfully possesses marihuana with an aggregate weight of more than eight ounces.

New York Penal Law 221.25 which is Criminal possession of marihuana in the second degree is a class D felony. Criminal possession of marihuana in the second degree occurs when a person knowingly and unlawfully possesses marihuana with an aggregate weight of more than sixteen ounces.

New York Penal Law § 221.30 which is Criminal possession of marihuana in the first degree is a class C felony. To be guilty of Criminal possession of marihuana in the first degree a person is guilty of criminal possession of marihuana in the first degree a person must knowingly and unlawfully possesses marihuana of an aggregate weight of more than ten pounds.

Michael Joseph and his associate attorneys are Criminal Defense Lawyers with offices in New York City (Manhattan) and Westchester (White Plains) who have handled many marihuana cases in all of the Courts in the New York Metropolitan Area, including the Bronx, Manhattan, Queens, Brooklyn, Rockland and Westchester, including White Plains, Yonkers, New Rochelle, Valhalla, Mt. Pleasant, Port Chester, Scarsdale, Hartsdale, Mamaroneck, Pelham, Rye, Greenburgh, Elmsford and Mount Vernon.