iFish

Hey folks. My first post here, wanna say hi, and clear something up.
Just was curious about my states law.
I live in NY, and on the NORML website I see this.



25 g or less (first offense) civil citation none $100

So as I take it, if I was caught by police with say a quarter O, I would only get a 100 dollar fine and a slap on the wrist basically, correct?

But then I see the paraphernalia law.

Paraphernalia possession (must be dirty paraphernalia) misdemeanor 1 year $1,000

So if I had my pipe and a quarter, then I could serve up to a year?

This makes no sense to me.
Can someone straighten this out for me?

Thanks all

Dank Perception

It doesn't make much sense, but I don't think many pot laws do... Bad deal huh...

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I forgot

blondie0420

Ok, first, let me just say what a pain in the ass the NY penal code statutes are to scan through. Noooooothing like Connecticut's penal code. I was using the scroll thingy on my mouse for like 10 minutes non-stop.

But, here we go:

Possession of scales, digital or otherwise, constitutes "criminally using drug paraphernalia in the second degree," and it's a class A misdemeanor (see Section 220.50). (I figured I'd throw that in there in case you or your friends own a scale.)

A second offense of the above becomes "criminally using drug paraphernalia in the first degree" and it's a class D felony. (see Section 220.55)

Section 221 relates specifically to marijuana offenses.

A first offense for possession of marijuana is a simple infraction (not a misdemeanor or felony) and will get you up to a $100 fine, as you said before. A second offense within three years lands you up to a $200 fine, and a third offense within three years of the first will get you a fine of up to $250 and jail time of 15 days or less. (see Section 221.05)

Not too shabby, but it does get more complicated.

If you possess more than 25 grams of marijuana (or a marijuana compound like hash) OR if you are caught smoking it in a public place OR if you have it open to public view, that's "criminal possession of marijuana in the fifth degree" and it's a class B misdemeanor. (see Section 221.10)

A "public place" is defined as "a place to which the public or a substantial group of persons has access, and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, playgrounds, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence." (see Section 240.00)

If you possess more than two ounces of marijuana (or a marijuana compoud), that's "criminal possession of marijuana in the fourth degree" and it's a class A misdemeanor. (see Section 221.15)

Possession of more than eight ounces is "criminal possession of marijuana in the third degree" and it's a class E felony. (see Section 221.20)

More than sixteen ounces is "criminal possession of marijuana in the second degree" and it's a class D felony. (see Section 221.25)

More than ten pounds is "criminal possession of marijuana in the first degree" and it's a class C felony. (see Section 221.30)

Sale of less than two grams OR sale of one joint is "criminal sale of marijuana in the fifth degree" and it's a class B misdemeanor. (see Section 221.35)

Sale of less than 25 grams is "criminal sale of marijuana in the fourth degree" and it's a class A misdemeanor. (see Section 221.40)

Sale of more than 25 grams but less than four ounces is "criminal sale of marijuana in the third degree" and it's a class E felony. (see Section 221.45)

Sale of more than four ounces OR sale of any amount to a person under the age of 18 is "criminal sale of marijuana in the second degree" and it's a class D felony. (see Section 221.50)

Sale of more than sixteen ounces is "criminal sale of marijuana in the first degree" and it's a class C felony. (see Section 221.55)

In terms of punishment, if you're charged with just a simple violation/infraction (as I noted above), you can be fined or sent to jail for a period of less than fifteen days. If you're convicted of a misdemeanor offense, you can be sent to jail for more than fifteen days but less than one year. If you're convicted of a felony, you can be sent to jail for a period of one year or more. (see Section 10.00.3 - 10.00.5)

Hope this helps. I didn't see much about possession of paraphernalia, except the bit about possession of scales, but I will keep looking and add that information if I can find it.

Edit: Since this matters, too...

Sale of a controlled substance on or near school grounds (and that includes daycare facilities) is a class B felony. (see Section 220.44)

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troublemaker_42

NewYork is one of the handful of states that prosecutes paraphenilia more severely than possession of a small amount of weed. While rare, this does happen, and the only way to know whether your state would prosecute similiarily is to look up the laws in your particular case. While actual marijuana possession is USUALLY a more severe charge, in a handful off states, possessing a dirty pipe could lead to a more serious situation

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