Marijuana Possession Laws in Nassau County
In New York, marijuana possession is illegal - both recreational and medical use. The main laws that apply are:- Unlawful Possession of Marijuana (Penal Law 221.05) - Class B misdemeanor for possessing marijuana in a public place. Up to 3 months in jail.
- Criminal Possession of Marijuana in the 5th Degree (Penal Law 221.10) - Class B misdemeanor for possessing marijuana in a non-public place. Up to 3 months in jail.
- Criminal Possession of Marijuana in the 4th Degree (Penal Law 221.15) - Class A misdemeanor for possessing over 2 oz but less than 8 oz of marijuana. Up to 1 year in jail.
- Criminal Possession of Marijuana in the 3rd Degree (Penal Law 221.20) - Class E felony for possessing over 8 oz but less than 16 oz of marijuana. Up to 4 years in prison.
- Criminal Possession of Marijuana in the 2nd Degree (Penal Law 221.25) - Class D felony for possessing over 16 oz but less than 10 lbs of marijuana. Up to 7 years in prison.
- Criminal Possession of Marijuana in the 1st Degree (Penal Law 221.30) - Class C felony for possessing over 10 lbs of marijuana. Up to 15 years in prison.
Typical Penalties for Marijuana Possession in Nassau County
If you're convicted of marijuana possession in Nassau County, here are some typical penalties you may face:- Jail time - Length depends on the degree of the charge. Misdemeanors up to 1 year. Felonies up to 15 years.
- Fines - Up to $5,000 for a misdemeanor, up to $15,000 for a felony.
- Probation - Length varies, but often 1-3 years of supervised probation.
- Community service - Often 40-100 hours required.
- Driver's license suspension - 6 months for misdemeanor, 1 year or more for felony.
- Drug/alcohol evaluation - Mandatory evaluation, plus any required counseling or treatment.
- Permanent criminal record - Conviction remains on your record forever.
Marijuana Possession Defenses in Nassau County
The good news is that skilled Nassau County marijuana defense lawyers have access to several legal defenses that can get charges reduced or dismissed. Here are some of the most effective strategies:Illegal Search and Seizure
If police did not have probable cause or a warrant to search you, your car, or your home, any evidence found may be suppressed. This could get the whole case dismissed.Invalid Field Sobriety Tests
15,000+
Federal Cases Filed Annually
90%
Plea Before Trial
No Actual Possession
If the marijuana was not in your physical possession, you may have a defense against "constructive possession" arguments.No Knowledge of the Drugs
If someone else left drugs in your car or home without your knowledge, you cannot be convicted of possession.Entrapment
If police coerced or induced you into committing a crime you otherwise wouldn't, this may be entrapment.Medical Necessity
If you used marijuana out of medical necessity, this may justify your actions.Alternative Programs in Nassau County
Besides dismissal or acquittal, your lawyer may also try to get you into an alternative program to avoid a conviction:Pre-Trial Intervention (PTI)
This involves completing community service, drug counseling, and other conditions. Charges are dismissed upon completion.Judicial Diversion
Defense Team Spotlight
Todd Spodek
Lead Attorney & Founder
Featured on Netflix’s “Inventing Anna,” Todd brings decades of experience defending clients in complex criminal cases.
Drug Court
For those with substance abuse issues. Intense counseling and treatment program under court monitoring. Graduates can avoid jail and receive record clearance.Finding the Right Nassau County Marijuana Defense Lawyer
As you can see, marijuana possession charges should not be taken lightly. But an experienced criminal defense lawyer can guide you through the process and develop a strong defense strategy. When choosing a lawyer, look for these key traits:- Extensive knowledge of New York's marijuana laws and penalties
- Successful track record getting marijuana charges reduced or dismissed
- Skill at identifying issues with searches, testing, and evidence collection
- Negotiation skills to work out plea bargains or alternative programs
- Courtroom litigation experience in case trial becomes necessary
- Compassion and commitment to their clients
Frequently Asked Questions
No. You have the right to remain silent and the right to an attorney. Invoke both rights immediately and contact Spodek Law Group.
Every case is different. We offer free initial consultations to evaluate your case and discuss our fee structure.
An arraignment is your first court appearance where charges are formally read. You enter a plea and bail may be set. Having an attorney present is critical.