You Can Still Go To Jail For Marijuana In New York

Even though marijuana is legal, you can still go to jail for having it in New York. Don't catch a charge because you think New York's cannabis laws are now a free-for-all.

On March 31, 2021, New York State legalized recreational adult marijuana use for people 21 years of age or older. Adults can purchase, possess, and transport up to three ounces of marijuana and up to twenty-four grams of concentrated cannabis. New Yorkers can also give or transfer up to three ounces of marijuana and up to twenty-four grams of concentrated cannabis to another person, as long as no money changes hands.

Read More: How Much Marijuana Can You Legally Have At Home In New York?

Marijuana Possession Is Still Illegal In New York

Even though weed has been legalized, there are certain circumstances when possessing it is illegal in New York. Anyone caught with cannabis weighing more than three ounces or concentrated cannabis weighing more than twenty-four grams is breaking the law. The punishment for unlawful possession is a fine of up to $125.

Read More: Here Is When You Can’t Legally Have Marijuana In New York State

Now, the punishment is much greater for someone caught with more weight.

- A person will be charged with misdemeanor criminal possession of cannabis in the third degree if caught with cannabis weighing more than sixteen ounces or concentrated cannabis weighing more than five ounces.

- A person will be charged with felony criminal possession of cannabis in the second degree if caught with cannabis weighing more than five pounds or concentrated cannabis weighing more than two pounds.

- A person will be charged with felony criminal possession of cannabis in the first degree if caught with cannabis weighing more than ten pounds or concentrated cannabis weighing more than four pounds.

***This article is not intended to provide legal advice or counsel.

Get our free mobile app