|25 g or less (first offense)||Not Classified||N/A||$ 100|
|25 g or less (second offense)||Not Classified||N/A||$ 200|
|25 g or less (third offense)||Not Classified||15 days||$ 250|
|More than 25 g - 2 oz||Misdemeanor||3 months||$ 500|
|More than 2 - 8 oz||Misdemeanor||1 year||$ 1,000|
|More than 8 oz - 1 lb||Felony||4 years||$ 5,000|
|More than 1 - 10 lbs||Felony||7 years||$ 5,000|
|More than 10 lbs||Felony||15 years||$ 15,000|
|In public view||Misdemeanor||90 days||$ 250|
|2 g or less without profit or 1 marihuana cigarette||Misdemeanor||3 months||$ 500|
|25 g or less||Misdemeanor||1 year||$ 1,000|
|More than 25 g - 4 oz||Felony||4 years||$ 5,000|
|More than 4 oz - 1 lb||Felony||7 years||$ 5,000|
|More than 1 lb||Felony||15 years||$ 15,000|
|Using a child to assist||Felony||4 years||$ 5,000|
|To a minor||Felony||7 years||$ 5,000|
|Any amount||Felony||15* - 25 years||$ 100,000|
|* Mandatory minimum sentence|
|Any amount*||Misdemeanor||1 year||$ 1,000|
|* Cultivating marijuana is also possessing marijuana under current case law.|
|HASH and CONCENTRATES|
|Possession of less than 1/4 oz||Misdemeanor||1 year||$ 1,000|
|Possession of 1/4 - less than 1 oz||Felony||7 years||$ 5,000|
|Possession of 1 oz or more||Felony||15 years||$ 15,000|
|Sale||Felony||15 years||$ 15,000|
|Possession or sale of scales or balances for the purpose of weighing or measuring marijuana||Misdemeanor||1 year||$ 0|
|Subsequent offense||Felony||7 years||$ 5,000|
|CIVIL ASSET FORFEITURE|
|Property can be seized if convicted of a felony.|
|Mandatory driver's license suspension of 6 months for youthful offenders.|
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.
Penal Law 220.34 - Sale of any amount of Concentrated Cannabis is a class C Felony subject to no more than 15 years imprisonment and a fine not to exceed $15,000.
Penal Law 220.44 - Sale of any amount of Concentrated Cannabis on a school bus, on the grounds of a child day care or educational facility, or in a publically accessible area within 1000 feet of the real property line of such a facility is a class B Felony subject to no more than 25 years imprisonment and a fine not to exceed $30,000.
Penal Law 220.48 - Sale of any amount of Concentrated Cannabis by a person 21 years old or more to a person 17 years old or younger is a class B Felony subject to no more than 25 years imprisonment and a fine not to exceed $30,000.
Penal Law 220.50 - 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.
Penal Law 480.05 - 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).
Disclaimer: While every effort has been made to ensure that the information contained in this site is accurate and current, readers should consult with a qualified attorney before acting on any such information. No liability is assumed by this website for any losses suffered directly or indirectly by any person relying on the information because its accuracy or completeness cannot be guaranteed.