NY NORML: The New York State Chapter of The National Organization for the Reform of Marijuana Laws

Decriminalization

New York State has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

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Possession


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

25 g or less (second offense)
Civil citation none $200

25 g or less (subsequent offense)  
Misdemeanor 15 days $250

25 g to 2 oz
Misdemeanor 3 months $500*
*Includes any amount in public where marijuana is burning or open to public view.

2 to 8 oz
Misdemeanor 1 year $1,000

8 to 16 oz (first felony)
Felony 1 - 1.5 years $5,000

16 oz to 10 lbs (first felony)
Felony 1 - 2.5 years $5,000

More than 10 lbs (first felony)
Felony 1 - 5.5 years $5,000

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Sale or Cultivation


2 g or less without remuneration
Misdemeanor 3 months $500

25 g or less
Misdemeanor 1 year $1,000

25 g to 4 oz (first felony)
Felony 1 - 1.5 years $5,000

4 to 16 oz (first felony)
Felony 1 - 2.5 years $5,000

More than 16 oz (first felony)
Felony 1 - 5.5 years $5,000

Sale to a minor (first felony)
Felony 1 - 2.5 years $5,000

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Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)


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

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Details

Possession of 25 grams or less of marijuana is punishable by a fine of $100 for the first offense. For the second offense, the penalty increases to a $200 fine and for subsequent offenses the fine increases to $250 and a maximum of 15 days in jail time may be imposed.

Possession of greater than 25 grams or possession of any amount in public where the marijuana is burning or open to public view, is punishable by up to three months in jail and a fine up to $500.

For possession of greater than two ounces, the penalty increases to a possible one year in jail and a fine up to $1,000.

Possession of greater than eight ounces increases the penalties to a possible one to one and a half years in prison and a fine up to $5,000.

The penalties for possession of greater than 16 ounces are one to two and a half years in prison and a fine up to $5,000.

For possession of any amount greater than 10 pounds, the penalty is one to five and half years in prison and a fine up to $5,000.

Delivery or manufacture of two grams or less of marijuana for no remuneration is punishable by up to three months in jail and a fine up to $500.

For delivery or manufacture of 25 grams or less, the penalty is up to one year in jail and a fine up to $1,000.

For delivery or manufacture of amounts greater than 25 grams, the penalty increases to one to one and a half years in jail and a fine up to $5,000.

Delivery or manufacture of greater than four ounces is punishable by one to two and a half years in prison and a fine up to $5,000.

For delivery or manufacture of any amount greater than 16 ounces, the penalty increases to one to five and a half years in prison and a fine up to $5,000.

Any sale or delivery to a minor is punishable by one to two and a half years in prison and a fine up to $5,000.

Possession or sale of paraphernalia is punishable by up to one year in jail or a fine up to $1,000.