While possession of marijuana has been decriminalized in New York State, that doesn't mean you will not be questioned or stopped if a police officer suspects you are in possession, or under the influence of the substance. Oftentimes, police in certain jurisdictions have been accused of over enforcing marijuana laws and arresting people for simply possessing a joint. If you've been arrested for possession of marijuana, it's important that you consult with an experienced Buffalo marijuana possession lawyer who can explain your rights and help you prepare a strong legal defense.
- Arrests for possession of marijuana in New York are classified two ways.
- Unlawful possession of marijuana is a violation which carries a maximum fine of $100.
- Possession of marijuana over 25 grams is a misdemeanor punishable by up to one year in jail.
Drug charges for marijuana in New York depend on the amount of marijuana that is on your person or that you have constructive possession over. (“Constructive possession” means that you are in proximity to a controlled substance – for example, in a car or an apartment – and you have some degree of control over what happens to it.)
It will be harder to defend against solid evidence that you were in possession of 25 grams or more of marijuana if police stop you and find this on your person. However, in any case an attorney might be able to challenge the prosecution on the grounds that police stopped you without sufficient cause. Because New York State has decriminalized marijuana, and because local law enforcement agencies can be slow to adjust to these legal changes, police can sometimes overstep their bounds – and violate your rights – during an arrest for drug possession.
Were you or a loved one charged with unlawful possession of marijuana in Buffalo? Don't plead guilty until you know all of your options.
Contact Attorney Drew Fritsch, an experienced Marijuana Possession Lawyer to defend your rights and protect your future. We offer free consultations and have achieved positive outcomes for countless Western New York residents. Don't let one bad decision follow you for years, let our experience work for you.