Have you been charged with a drug offense? Don’t wait. Call now.
Many people think marijuana possession should be decriminalized, but, at least for now, it’s a crime, and here’s what the law says about it:
If you’re found with enough marijuana, you can be charged with possession with intent to distribute.
A conviction on marijuana possession can have serious long-term consequences, which is to say that going to jail would be only the beginning of your problems. You would have a criminal record, too, and be barred from certain professions.
At the Law Offices of Norman Mattar, we aggressively defend people facing drug charges, including marijuana possession, marijuana cultivation, and possession with intent to distribute.
Attorney Norman Mattar has more than 25 years of experience as a prosecutor and private defense advocate. He works tenaciously to protect clients’ rights and preserve their freedom.
A bill to decriminalize the possession of controlled substances
Several states, including New York, have introduced bills to decriminalize possession of drugs. In 2021, Sen. Gustavo River introduced Senate Bill S1284 to eliminate criminal and civil penalties for possession of controlled substances and establish a drug-decriminalization task force to develop recommendations for reforming state laws, regulations, and practices.
“The purpose of this legislation is to save lives and to help transform New York’s approach to drug use from one based on criminalization and stigma to one based on science and compassion by eliminating criminal and civil penalties for the personal possession of controlled substances,” the bill says.
Additionally, S1284 would allow for the expungement of certain past drug arrests and convictions.
The bill has been assigned to the Senate Codes Committee. To learn more and stay up to date with S1284, visit the New York State Senate website.
Misdemeanor or felony drug-possession charges
Under New York law, drug possession could involve any of number of drugs labeled as controlled substances, including cocaine, heroin, oxycontin, and even marijuana. There are six possession-of-controlled-substance offenses. Only one is a misdemeanor: criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor.
The following are felony drug-possession charges:
You will face this charge if you possess
- a controlled substance with the intent to sell it;
- at least a half ounce of a narcotic preparation;
- at least 50 milligrams of PCP; or
- at least a quarter ounce of a concentrated preparation of cannabis.
This is a Class D felony.
You will face this charge if you possess
- at least 1/8 ounce of narcotic drug preparations;
- at least a half ounce of methamphetamine preparations;
- at least two ounces of narcotic preparations; or
- at least one gram of a stimulant.
This is a Class C felony.
You will face this charge if you possess
- a narcotic drug; or
- a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide drug with the intent to sell it and have already been convicted of a controlled-substance offense.
This is a Class B felony.
You will face this charge if you possess
- a minimum of four ounces of narcotic drug preparations;
- two ounces of methamphetamine preparations;
- 10 grams of a stimulant;
- 25 milligrams of a lysergic acid diethylamide;
- 625 milligrams of a hallucinogen;
- 25 grams of a hallucinogenic substance; or
- 2,880 milligrams of methadone.
This is a Class A-II felony.
You will face this, the most serious drug-possession crime, if you possess
- a minimum of eight ounces of narcotic drug preparations; or
- at least 5,760 milligrams of methadone.
This is a Class A-I felony.
Defenses to drug possession charges include:
- Lack of knowledge
- Temporary and lawful possession
- Prescription medicine
- Insufficient quantity
- Infancy for persons under 16 years of age
Possession-of-cannabis charges
Marijuana is less serious under the law than possession of a controlled substance. As a result, there are an additional four possession-of-marijuana offenses.
The following are cannabis-possession charges:
You will be charged with this if you knowingly and unlawfully possess marijuana. It is a violation punishable by a fine of no more than $125.
You will be charged with this if you knowingly and unlawfully possess at least one preparation containing marijuana with an aggregate weight of at least 16 ounces. It is a Class A misdemeanor.
You will be charged with this if you knowingly and unlawfully possess at least one preparation containing marijuana with an aggregate weight of more than five pounds. It is a Class E felony.
You will be charged with this if you knowingly and unlawfully possess at least one preparation containing marijuana with an aggregate weight of at least 10 pounds. It is a Class D felony.
Search-and-seizure defense strategies
When marijuana is found in a vehicle or house, the police will often arrest everyone in the vehicle or house even though their connection to the drug is tenuous at best. This is called “constructive possession.” Norman Mattar understands the possible defenses to constructive possession, as well as other defenses based on illegal search-and-seizure actions of the police. If the evidence so obtained can be suppressed, it could result in the dismissal of the charge against you.
We aggressively defend you at all stages of the legal process, seeking the best possible outcome.
Alternatives to criminal conviction and jail
Certain people charged with marijuana possession in New York may be able to avoid conviction and jail through an outcome known as adjournment in contemplation of dismissal. If you are granted such an outcome, the charge will be dismissed if you comply with the terms of the program. Norman Mattar has helped many people obtain such outcomes, and, if you are eligible, he will seek to obtain that for you.
If you’ve been charged with a drug offense, call now to set up a consultation.
Call 716-633-4300 to discuss your case with an experienced and committed defense advocate.