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Criminal Sale of Marijuana

Sometimes police officers catch people in the midst of alleged sales of marijuana (referred to in New York Penal Law as “marihuana”) or possibly in possession of amounts substantial enough to constitute intent to sell, deliver, or distribute the cannabis. In most cases, these types of drug distribution crimes are felony offenses.

State and federal agencies all over New York City are focused on identifying and ending all methods of illegal marijuana distribution. Crimes involving the alleged sale of marijuana carry penalties that are much more serious than simple possession offenses..

Lawyer for Marijuana Distribution Arrests in Garden City, NY

If you were arrested for allegedly distributing marijuana anywhere in New York City, it is in your best interest to immediately retain legal counsel. Law Office of Stephanie Selloni aggressively defends clients facing cannabis charges in Massapequa Park, North Hempstead, Glen Cove, Garden City, Freeport, and many other surrounding areas of Long Island.

Stephanie Selloni is an experienced criminal defense attorney in Nassau County who can fight to possibly get your criminal charges reduced or dismissed.

Call (516) 972-1212 to have our lawyer provide a complete evaluation of your case during a free, confidential consultation.

New York Marijuana Distribution Information Center

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Distribution of Marijuana Penalties in Long Island

Many alleged cannabis distribution offenses result in a person being charged with criminal sale of marihuana. Criminal sale of marijuana offenses are broken into five degrees, depending on the amount of cannabis a person allegedly sold:

  • Criminal Sale of Marijuana in the Fifth Degree — Under New York Penal Law § 221.35, a person who knowingly and unlawfully sells, without consideration, one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of two grams or less; or one cigarette containing marihuana, commits a class B misdemeanor punishable by up to three months in jail;
  • Criminal Sale of Marijuana in the Fourth Degree — New York Penal Law § 221.40 establishes that a person who knowingly and unlawfully sells more than two grams but 25 grams or less of marijuana commits a class A misdemeanor punishable by up to one year jail;
  • Criminal Sale of Marijuana in the Third Degree — Under New York Penal Law § 221.45, a person who knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of 25 grams or more but four ounces or less of marijuana commits a class E felony punishable by up to one and one half years in prison;
  • Criminal Sale of Marijuana in the Second Degree — New York Penal Law § 221.50 establishes that a person who knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than four ounces but 16 ounces or less, or knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana to a person less than 18 years of age commits a class D felony punishable by up to two and one half years in prison; or
  • Criminal Sale of Marijuana in the First Degree — Under New York Penal Law § 221.55, a person who knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than 16 ounces commits a class E felony punishable by up to one and one half years in prison.

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Federal Criminal Sale of Marijuana Penalties in Nassau County

Certain cannabis distribution offenses in New York involve marijuana being transported across state lines, and such crimes often involve federal agencies.

Under 21 U.S. Code § 841, it is illegal for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

Marijuana or cannabis is classified as a Schedule I controlled substance (drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse) under the federal Controlled Substance Act (CSA). Marijuana distribution crimes are often prosecuted federally as drug trafficking crimes that are punishable as follows, depending on the amount of cannabis involved in the alleged offense:

Marijuana

Less than 50 kilograms marijuana (Not including 50 or more marijuana plants, regardless of  weight), or 1 to 49 marijuana plants

First Offense: Up to five years in prison.

Second Offense: Up to 10 years in prison.

First Offense: Up to $250,000 for individuals, $1 million for non-individuals.

Second Offense: Up to $500,000 for individuals, $2 million for non-individuals.

Hashish

10 kilograms or less

Hashish Oil

1 kilogram or less

Marijuana

50 to 99 kilograms marijuana mixture, or 50 to 99 marijuana plants

First Offense: Up to 20 years in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.

Second Offense: Up to 30 years in prison. If case involves death or serious bodily injury, life imprisonment.

First Offense: Up to $1 million for individuals, $5 million for non-individuals.

Second Offense: Up to $2 million for individuals, $10 million for non-individuals.

Hashish

More than 10 kilograms

Hashish Oil

More than 1 kilogram

Marijuana

100 to 999 kilograms marijuana mixture, or 100 to 999 marijuana  plants

First Offense: Mandatory minimum five year sentence up to 40 years in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.

Second Offense: Mandatory minimum 10 year sentence up to life in prison. If case involves death or serious bodily injury, life sentence.

First Offense: Up to $5 million for individuals, $25 million for non-individuals.

Second Offense: Up to $8 million for individuals, $50 million for non-individuals.

Marijuana

1,000 kilograms or more marijuana mixture, or 1,000 or more marijuana plants

First Offense: Mandatory minimum 10 year sentence up to life in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.

Second Offense: Mandatory minimum 20 year sentence up to life in prison. If case involves death or serious bodily injury, life sentence.

First Offense: Up to $10 million for individuals, $50 million for non-individuals.

Second Offense: Up to $20 million for individuals, $75 million for non-individuals.

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New York Criminal Sale of Marijuana Resources

New York | Marijuana Policy Project (MPP) — The MPP is a national nonprofit organization that identifies itself as “the largest organization in the U.S. that’s focused solely on ending marijuana prohibition.” On the New York section of its website, you can read the latest local news, view recent alerts, and access other resources. You can also find additional information about marijuana legalization, legislation, and economics as well as answers to frequently asked questions.

Medical Marijuana Program | New York State Department of Health — Visit this website to learn more about the New York State Medical Marijuana Program. You can read the Compassionate Care Act and Medical Marijuana Program Regulations. You can also fine program information and news, answers to frequently asked questions, and Medical Marijuana Program applications.

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Law Office of Stephanie Selloni | Garden City Criminal Sale of Marijuana Defense Lawyer

Were you arrested in New York City for distributing cannabis? Do not say anything to authorities without first contacting Law Office of Stephanie Selloni.

Nassau County criminal defense attorney Stephanie Selloni represents individuals in communities throughout Long Island, such as Lynbrook, Oyster Bay, Long Beach, Hempstead, Mineola, and many others. You can have our lawyer review your case and answer all of your legal questions when you call (516) 972-1212 or fill out an online contact form to receive a free initial consultation.


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