Unlawful Possession of Marijuana - PL 221.05

Discussion

Unlawful possession of marijuana is a violation level offense in New York. That means that if you get convicted of unlawful possession of marijuana you still will not have a criminal conviction for purposes of New York State. Realize that the federal government may not be bound by New York's view of this offense, and especially in the context of immigration situations, you ought to be careful before simply agreeing to plead guilty to this offense. In fact, you may want to consult with a lawyer about this or any other potential impact of a marijuana charge.

The interesting thing about pink summonses charging unlawful possession of marijuana in New York City is that the law provides an argument that can be made in some cases to make a motion to dismiss the charge if there is no field test, laboratory report, or affidavit from a police officer indicating the substance in question was in fact marijuana. This is true because of a requirement in New York of something called a "corroborating affidavit" that must be present with a charging document in which unlawful possession of marijuana is charged. If you are faced with a charge of this type, you might want to engage a lawyer to make the arguments for you since your grasp of the legal concepts may not be as precise as a lawyer's.

Also, if your summons is not dismissed because of the absence of a lab report, field test, or appropriate affidavit from the officer, you still may be eligible for an Adjournment in Contemplation of Dismissal that operates as a delayed dismissal. Again, this is territory where the understanding of a lawyer may be beneficial.

The text of the statute is:

A person is guilty of unlawful possession of marihuana when he knowingly and unlawfully possesses marihuana. Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars. However, where the defendant has previously been convicted of an offense defined in this article or article 220 of this chapter, committed within the three years immediately preceding such violation, it shall be punishable (a) only by a fine of not more than two hundred dollars, if the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both, if the defendant was previously convicted of two such offenses committed during such period.

346Broadway.gif

Information Provided by Shalley and Murray

The content in this site is sponsored by Shalley and Murray, a new york city criminal defense law firm. Shalley and Murray is a private criminal defense law firm that can help with your pink summons case. Learn more about hiring an attorney from Shalley and Murray.

We are not the court. We provide this site for free for people who need information about pink summonses. Please feel free to call us toll free with questions about pink summonses during regular business hours at 718-268-2171.

Related New York Criminal Court Links

The following are links to related sites with more information about pinks summons cases or information about other aspects of the New York Criminal Justice System, including a link to webcrims, a way to check online where and when your case (including pink summons matter) is pending:

Copyright 2010-2016 by Shalley and Murray,

80-02 Kew Gardens Road, Suite 702, Kew Gardens, NY  11415

718-268-2171

Attorney Advertising

Powered by Squarespace.