Across the nation, marijuana has slowly grown to be more and more accepted. In fact, marijuana possession in the state of New York has grown so widely accepted that some people have mistakenly assumed that a small amount of possession is legal. Unfortunately, under the New York Penal Law 221.05, possession of marijuana is still unlawful. This applies to anyone who has 25 grams or less of marijuana. Still, marijuana has been decriminalized, and it's a violation in the state of New York instead of a criminal offense.

5th Degree Possession

One of the most common charges that you might face with marijuana possession in New York is 5th-degree possession. This happens when the defendant has been charged with possessing marijuana in a public setting or in plain view. It happens when 25 grams or more is involved, but no more than 2 ounces has been found. The charge classifies as a class B misdemeanor. When the amount of marijuana is over 2 ounces and not more than 8 ounces, it classifies as a class A misdemeanor.

Possession with the Intent to Distribute

Anyone who has been found in possession with 24 grams or greater could be charged with the possession and intent to sell. The offense is considered a class A misdemeanor if the marijuana is 24 grams or less. If the police arrest a person found with over 24 grams of marijuana, but not more than 4 ounces, they face a class C felony. They could be punished with prison time of anywhere from 1 1/3 years up to four years in prison if it was the first time a defendant has been charged. If the police find anywhere from 4 ounces to 1 pound of marijuana, it classifies as a class D felony.

Why It's Important to Speak with a New York Lawyer

Once the crime rises to a felony, it's important that you speak with a lawyer. Any time the marijuana amount rises over 8 ounces, it then becomes a felony. Despite the growing support for legalization, marijuana can still be a serious charge. You want to have guidance from a qualified attorney who understands the current laws. With new laws in place for felony drug charges, you could possibly be eligible for what's known as the judicial diversion. This means that if you get convicted of a drug charge, you could be sent to a treatment program instead of having to serve prison time. This is another reason why having a good lawyer is so important. Some of the other reasons you might want to hire Spodek Law Group is because:

• We're affordable
• We're experienced with over 50 years of hard-fought experience
• Numerous locations throughout Long Island

When your future depends on it, you need the very best to represent you in the court of law. Spodek Law Group is available 24/7, and we will jot down your information to schedule a free consultation. We have successfully resolved cases before an arrest gets made. Support for legalization of marijuana continues to grow in the state of New York, but we can't forget how it's still technically illegal. Being charged with it can still ruin your life, which is why you need qualified and experienced legal assistance. Spodek Law Group educates every client about the specific laws that relate to their case. You will be informed at every step in the case. Having a lawyer to defend you in the court of law is invaluable because trying represent yourself against a prosecutor who can dance circles around you in law could put you at a severe disadvantage.