New York Cannabinoid & Marijuana Laws: A Discussion
Recreational Marijuana is classified as Marijuana obtained illegally for personal use and not-sanctioned by a Physician or Caregiver. In New York, this qualifies as any/all “plant matter” or “bud” or oils not gotten from the State’s regulated Dispensaries with an approved Medical Marijuana Prescription.
The penalties for being caught with marijuana as a non-medicinal user range from minor fines, to felony jail time for intent to distribute- mostly dependent on the quantity of Marijuana on one’s person, or property at the time of arrest. The specifics of the laws are as follows:
Possession of <25 grams of marijuana, in any form, is unlawful possession of marijuana, punishable by a fine of no more than $100 if the defendant has no convictions for the offense within the last three years. Those who do can be fined up to $200; on the third conviction within that time period the maximum fine rises to $250 with the possibility of a 15-day jail sentence as well. If the marijuana is burning or in public view, no matter the amount, or is between 25 g and 2 ounces it is fifth-degree criminal possession of marijuana, a Class B misdemeanor, carrying a possible three-month sentence. Amounts in the 2–8 ounces range are fourth-degree criminal possession of marijuana, a Class A misdemeanor for which offenders can receive up to six months in jail. Amounts >8 ounces are felonies, all of which carry a minimum prison term of three years in New York. Third-degree criminal possession of marijuana, a Class E felony with up to four years as a possible punishment, applies to amounts between 8 and 16 ounces, or one pound.
Those convicted of second-degree criminal possession of marijuana, a Class D felony with a maximum sentence of seven years, will have been in possession of up to 10 pounds and can expect to serve up to seven years at most. First-degree criminal possession of marijuana applies to those with more than 10 pounds, a Class C felony for which offenders may spend 15 years in prison.
So what about Cannabinoids? CBD? CBG? CBV?
New York defines Cannabis or “Concentrated cannabis", as any substance derived from the plant or not, containing more than 2.5% by weight of delta-9-Tetrahydrocannabinol (THC), delta-8 dibenzopyran, delta-1-THC or delta-1 (6) monoterpene, an isomer of the last compound- meaning that Full-Spectrum CBD Products which typically contain between 0.05% - 0.1% THC or ARE legal in New York State for consumption and usage by those with, and WITHOUT Medical Marijuana prescriptions.
Due to the above and the long standing gray area of the Farmers Bill allowing producers to ship hemp-based CBD to all 50-states, obtaining these cannabinoids has never been easier with many local “vape” shops selling CBD products as well as numerous online retailers; allowing safe access to products which can be used to treat pain, anxiety, cancer, and more; though if suffering from any of these it is still recommended to see a physician such as Dr. Ranga Krishna, and talk about becoming a registered New York Medical Marijuana Patient. ¬
About The Author:
Chrissy Grigoropoulos, Esq. is the founding attorney of The Grigoropoulos Law Group, PLLC, a Personal Injury/Workers’ Compensation, No-Fault Recovery, Criminal defense firm and a Full-Service per diem firm, providing coverage for other New York law firms needing attorney coverage.
Ms. Grigoropoulos is admitted to practice law in New York State. She is also admitted to the United States District Courts for the Southern District and Eastern District of New York. Ms. Grigoropoulos handles legal matters in Federal Courts, State Courts, Appellate Courts and at the Workers’ Compensation Boards in all five (5) boroughs of New York City, as well as Nassau, Suffolk & Westchester counties.