New York

Map of New Mexico Marijuana LawsThe Empire State – Always More Progressive

The Empire State has decriminalized marijuana, at least to some degree for small amounts (less than 25 grams), for personal consumption. The fine is on par with a minor traffic violation.

Fortunately, New York has been more progressive than many states on its outlook toward marijuana. You are not treated like a murder, if caught with small amounts for personal use. In the near future, New York might move toward full decriminalization of the lowly weed.

Possession of 25 grams or less (1st offense) is classified similarly to a minor traffic violation with a $100 fine. If a second offense those numbers increase up to $200 and if a third offense you could get 15 days in jail with up to a $250 fine.

Possession of 25 grams up to 8 ounces is a misdemeanor, while more than 8 ounces is a felony, with varying degrees of incarceration and fines.

Marijuana Felony Offenses in New York

  • Possession (more than 8 ounces of New York Marijuana Laws SummaryMarijuana and more than ¼ ounce of hash or concentrates)
  • Distribution or Intent to Distribute (more than 25 grams of marijuana)
  • Trafficking
  • Paraphernalia (only subsequent offenses of scales, for the purpose of weighing marijuana)

Incarceration for the above felony offenses


  • 8 ounces to one pound – 4 years
  • 1 to 10 pounds – 7 years
  • More than 10 pounds – 15 years

Distribution or Intent to Distribute:

  • 25 grams to 4 ounces – 4 years
  • 4 ounces to one lb. – 7 years
  • More than one lb. – 15 years
  • Using a child to assist – 4 years
  • To a minor – 7 years

New York Marijuana Laws on Trafficking

  • Any amount 15* – 25 years

New York only uses the draconian mandatory minimum sentencing law with trafficking. This applies to a major seller who sells $75,000 (or more) worth of marijuana over a year or less, or collects that same amount of money (or more), from sales of it over 6 months or less, or possess with the intent to sell marijuana that has been valued at that much (or more) over a period of 6 months or less.

The Empire State does have active medical marijuana laws in place, which means if you’ve got a valid/legal proscription for your marijuana medicine(s), you’re not considered a criminal.

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