New York Marijuana Policy
New York is the center of America. There is no other city like New York City in the world, much less in America. Despite the fact that New York state leads the world in so many ways, it lags behind in marijuana policy. There is no medical marijuana program in New York, and marijuana arrests actually rose last year in New York City at a time when most municipalities are going the opposite direction. Hopefully someday the marijuana laws in the state of New York will improve. Below are the current marijuana laws in New York, courtesy of New York NORML:
Decriminalized? — Yes. Possession of 25 grams or less (first offense) is a civil citation punishable by a fine of $100, no criminal charge.
Possession of less than 25 grams, second offense, is also not a crime, and carries a fine of $200.
Possession of less than 25 grams, third offense, is a misdemeanor, punishable by 5 days in jail and/or a $250 fine.
Possession of 25 grams to 2 oz is a misdemeanor, punishable by 3 months and a $500 fine.
Possession of 2 to 8 oz is a class A misdemeanor, punishable by 1 year in jail and/or a $1,000 fine.
Possession of 8 to 16 oz (first felony) is a class E felony, punishable by 1-4 years in prison and a $5,000 fine. If it is the second offense, the jail time is 3-4 years with a mandatory ½ time jail sentence.
Possession of 1 to 10lbs (first felony) is a class D felony, punishable by 1-15 years in prison and/or a $5,000 fine. If it is the second offense, it is mandatory to serve at least ½ of the sentence.
Possession of more than 10lbs (first felony) is a class C felony, punishable by 1-15 years in prison and/or a $5,000 fine. If it is the second offense, it is mandatory to serve at least ½ of the sentence.
The distribution or cultivation of 2 oz or less with no compensation is a class B misdemeanor, and is punishable by 3 months in jail and/or a $500 fine.
The distribution or cultivation of 25 grams or less for compensation is a class A misdemeanor, and is punishable by 1 year in jail and/or a $1,000 fine.
The distribution or cultivation of 25 grams to 4 oz (first felony) is a class E felony, punishable by 1-4 years in prison, and a $5,000 fine. If it is the second felony, there is a 3-4 year prison sentence, with a mandatory ½ time served.
The distribution or cultivation of 4 to 16 oz (first felony) is a class D felony, punishable by 1-7 years in prison and a $5,000 fine. You can get probation if you have no prior felony on your record.
The distribution or cultivation of 1lb to 10lb (first felony) is a class C felony, punishable by 1-15 years in prison and/or a $5,000 fine. If it is a second felony, the offender must serve at least half of the sentence.
The distribution or cultivation of 10lbs or more (first felony) is a class C felony, punishable by 1-15 years in prison and/or a $5,000 fine. If it is a second felony, the offender must serve at least half of the sentence.
The sale of any amount to a minor (first felony) is a class D felony, punishable by 1-7 years in prison and a $5,000 fine, in addition to the other related distribution charges.
Possession of ‘dirty’ paraphernalia is a misdemeanor punishable by 1 year in jail and a $1,000 fine.
Possession of any amount which is burning or open to public view is a class B misdemeanor, punishable by up to 3 months in jail and a $500 fine.
Medical Program? — No.
Want to help bring marijuana reform to New York? Below are some great places to get started from our New York activism page:
New York Marijuana Policy Project
New York Americans for Safe Access
