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Possession of Marijuana Less than 25 Grams

The punishments for the unlawful possession of marijuana less than 25 grams is set out in New York's Penal Law § 221.05. If the marijuana (often called marihuana, cannabis, weed or pot) was not smoked in public or otherwise possessed in plain view, then the act is considered a "violation" instead of a criminal offense.

In many cases, the officer with the Nassau County Police Department or another local law enforcement agency will act in an unreasonable or unlawful manner when seizing the marijuana. If that occurred, then you may decide to fight the violation. In other cases, the person accused of the violation decides to resolve the case through an "Adjournment in Contemplation of Dismissal" (often called the ACOD or ACD).

Garden City Lawyer for Marijuana Violation

If you were cited for a violation for the possession of marijuana less than 25 grams either in plain view or not in plain view, contact an experienced criminal defense attorney with Law Office of Stephanie Selloni. She represents clients on a variety of misdemeanor and more serious felony marijuana charges throughout Nassau County and Long Island. Call 516-972-1212 today to discuss your case.


Info on New York Cannabis Violations


Penalties for Possession of Marijuana Less Than 25 Grams

The penalties for possession of marijuana depend on a variety of factors, including the amount of cannabis possessed, the circumstances of the possession and whether the person has any prior charges within the allotted time period. If convicted, you could face: 

  • A $100 fine for the first offense
  • A $200 fine on a second violation
  • Up to 15 days in jail for a third or subsequent possession offense 

A prior offense includes any charge or violation under Article 220 of the Controlled Substances section of the Penal Law. The look back period is the three years prior to the most recent incident.


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Related Charges for Possession of Marihuana

The penalties and punishments become increasingly more serious if the amount of marihuana possessed was higher. Those penalties and punishment for the possession of marihuana include:

  • less than 2 ounces possessed in a public place is a Class B misdemeanor (in the fifth degree) under New York State Penal Law § 221.10, which is punishable by up to three months in jail.
  • Two ounces or more is a Class A misdemeanor (in the fourth degree) under § 221.1,  which is punishable by up to 12 months in jail.
  • Eight ounces or more is a Class E felony (in the third degree) under § 221.20, which for a first offense is punishable by 12 months to 18 months;
    • A second offense is punishable by to 24 months in prison;
    • A previous violent offender could face 30 months in prison.
  • Sixteen ounces or more is a Class D felony (in the second degree) under § 221.25, which for a first offense is punishable by 12 to 30 months in prison;
    • A second offense is punishable by up to 48 months in prison;
    • A previous violent offender could face 54 months in prison.
  • Ten pounds or more is a Class C felony (in the first degree) under § § 221.30, which for a first offense is punishable by 12 to 66 months in prison;
    • A second offense is punishable by up to 96 months in prison;
    • A previous violent offense could face 108 months in prison.

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Finding a Nassau County Defense Attorney For Possession of Less Than 25 Grams of Marijuana

If you are charged with a violation for possession of less than 25 grams of marihuana, contact Stephanie Selloni, an experienced drug crime defense attorney. Law Office of Stephanie Selloni focuses on criminal cases in Garden City, Hempstead, Mineola, Westbury, Floral Park and the surrounding areas in Nassau County and Long Island. Stephanie Selloni also represents clients in a variety of drug crimes throughout Suffolk County and in all five boroughs of New York City. Contact her today at 516-972-1212 to schedule your free consultation.