Marijuana and its synthetic "equivalents" are considered Schedule I hallucinogenic substances under New York Public Health Law. Synthetic equivalents include resinous extracts and derivatives with similar chemical properties.

See:

• New York Pub. Health §3306(d)(13)
• New York Pub. Health §3306(d)(21)

Possession for Personal Use

For a first offender, possession of up to 25 grams of marijuana is punishable by a fine of $100. If an additional offense occurs within three years of the first offense, possession of up to 25 grams of marijuana is punishable by a fine of $200. For the third or subsequent offense(s) within a three-year period, possession of up to 25 grams of marijuana is punishable by a fine of $250 and/or imprisonment of 15 days or less. Possession of marijuana in excess of 25 grams but less than 2 ounces is a class B misdemeanor and is punishable by no more than 3 months imprisonment. Possession of marijuana in excess of 2 ounces but less than 8 ounces is a class A misdemeanor and is punishable by no more than 1 year of imprisonment. Possession of marijuana in excess of 8 ounces but less than 16 ounces is a class E felony and is punishable by no more than 4 years of imprisonment. Possession of marijuana in excess of 16 ounces but less than 10 pounds is a class D felony and is punishable by no more than 7 years of imprisonment. Possession of marijuana in excess of 10 pounds is a class C felony and is punishable by no more than 15 years of imprisonment.

See:

• New York Pen. Code §221
• New York Pen. Code §70
• New York Pen. Code §80

Use or Display of Marijuana

Marijuana open to public view or being burnt in public is a Class B misdemeanor punishable by a fine of $250 with a maximum sentence of 90 days.

See:

• New York Pen. Code §221.10

Sale

Exchange without payment of less than 2 grams of marijuana and/or one marijuana cigarette is a class B misdemeanor and is punishable by no more than 3 months imprisonment.

See:

• New York Pen. Code §221.35

Sale of marijuana in any amount to a person under 18 years of age is a class D felony and is punishable by up to 7 years of imprisonment.

See:

• New York Pen. Code § 221.50

Sale of marijuana in an amount less than 25 grams is a class A misdemeanor and is punishable by no more than 1 year of imprisonment. Sale of marijuana in an amount greater than 25 grams but less than 4 ounces is a class E felony and is punishable by up to 4 years of imprisonment. Sale of marijuana in an amount greater than 4 ounces but less than 16 ounces is a class D felony and is punishable by up to 7 years of imprisonment. Sale of marijuana in excess of 16 ounces is a class C felony and is punishable by up to 15 years of imprisonment.

See:

• New York Pen. Code §221
• New York Pen. Code §70
• New York Pen. Code §80

Using a child to assist in the sale of marijuana is a class E felony and is punishable by no more than 4 years of imprisonment. This offense includes hiding marijuana on a child or otherwise directing a child to assist in a marijuana sale.

See:

• New York Pen. Code §220.28

Trafficking

A person is considered a major trafficker of marijuana if they do one of the following: Act as the director of an organization, which sells $75000 worth of marijuana over the course of a year or less; collect $75000 or more from sales of marijuana over the course of 6 months or less; possess with intent to sell $75000 or more of marijuana over the course of 6 months or less. If one or more of the above are satisfied the person may be charged as a major trafficker, this is a class A-I felony and is punishable by 15-25 years of imprisonment.

See:

• New York Pen. Code §220.77
• New York Pen. Code §70.00(i)

Cultivation

Growing cannabis is a class A misdemeanor and is punishable by up to 1 year of imprisonment and/or a fine of up to $1000.

Paraphernalia

Possession or sale of scales or balances for the purpose of weighing or measuring marijuana is a class A misdemeanor and is punishable by up to 1 year of imprisonment. Any subsequent conviction of possession or sale of paraphernalia is a class D felony and is punishable by up to 7 years imprisonment and a fine of up to $5000.

See:

• New York Pen. Code §220.50
• New York Pen. Code §220.55
• New York Pen. Code §70
• New York Pen. Code §80

Forfeiture

If convicted of a felony offense the following may be forfeited, unless the forfeiture would be disproportionate from what the defendant gained from the offense: the proceeds from the offense, instruments used in the offense (including a car).

See:

• New York Pen. Code §480.05