new york state laws: marijuana offenses

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MARIJUANA - Suffolk County

Section 221.00 Marihuana;  definitions - Suffolk County


 Unless the context in which they are used clearly otherwise requires, the terms occurring in this article shall have the same meaning ascribed to them in article two hundred twenty of this chapter.
 

Section 221.05 Unlawful possession of marihuana - Suffolk County


 A person is guilty of unlawful possession of marihuana when he knowingly and unlawfully possesses marihuana.

 Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars.  However, where the defendant has previously been convicted of an offense defined in this article or article 220 of this chapter, committed within the three years immediately preceding such violation, it shall be punishable (a) only by a fine of not more than two hundred dollars, if the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both, if the defendant was previously convicted of two such offenses committed during such period.
 

Section 221.10 Criminal possession of marihuana in the fifth degree - Suffolk County


 A person is guilty of criminal possession of marihuana in the fifth degree when he knowingly and unlawfully possesses:

 1. marihuana in a public place, as defined in section 240.00 of this chapter, and such marihuana is burning or open to public view;  or

 2. 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 twenty-five grams.

 Criminal possession of marihuana in the fifth degree is a class B misdemeanor.
 

Section 221.15 Criminal possession of marihuana in the fourth degree - Suffolk County


 A person is guilty of criminal possession of marihuana in the fourth degree when he knowingly and unlawfully possesses 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 two ounces.

 Criminal possession of marihuana in the fourth degree is a class A misdemeanor.
 

Section 221.20 Criminal possession of marihuana in the third degree - Suffolk County


 A person is guilty of criminal possession of marihuana in the third degree when he knowingly and unlawfully possesses 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 eight ounces.

 Criminal possession of marihuana in the third degree is a class E felony.
 

Section 221.25 Criminal possession of marihuana in the second degree - Suffolk County


 A person is guilty of criminal possession of marihuana in the second degree when he knowingly and unlawfully possesses 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 sixteen ounces.

 Criminal possession of marihuana in the second degree is a class D felony.
 

Section 221.30 Criminal possession of marihuana in the first degree - Suffolk County


 A person is guilty of criminal possession of marihuana in the first degree when he knowingly and unlawfully possesses 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 ten pounds.

 Criminal possession of marihuana in the first degree is a class C felony.
 

Section 221.35 Criminal sale of marihuana in the fifth degree - Suffolk County


 A person is guilty of criminal sale of marihuana in the fifth degree when he 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.

 Criminal sale of marihuana in the fifth degree is a class B misdemeanor.
 

Section 221.40 Criminal sale of marihuana in the fourth degree - Suffolk County


 A person is guilty of criminal sale of marihuana in the fourth degree when he knowingly and unlawfully sells marihuana except as provided in section 221.35 of this article.

 Criminal sale of marihuana in the fourth degree is a class A misdemeanor.
 

Section 221.45 Criminal sale of marihuana in the third degree - Suffolk County


 A person is guilty of criminal sale of marihuana in the third degree when he 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 twenty-five grams.

 Criminal sale of marihuana in the third degree is a class E felony.
 

Section 221.50 Criminal sale of marihuana in the second degree - Suffolk County


 A person is guilty of criminal sale of marihuana in the second degree when he 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, or knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana to a person less than eighteen years of age.


 Criminal sale of marihuana in the second degree is a class D felony.
 

Section 221.55 Criminal sale of marihuana in the first degree - Suffolk County


 A person is guilty of criminal sale of marihuana in the first degree when he 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 sixteen ounces.

 Criminal sale of marihuana in the first degree is a class C felony.

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