Within the course of my years of practicing at the Fingerlakes I've defended several college students from SUNY Cortland, SUNY Binghamton, Cornell University, Ithaca College, Keuka College, etc.. Marijuana use appears to proceed with faculty like cereal goes with milk. Many people today believe the New York State has decriminalized marijuana, at times it's just charged as a breach, but even at relatively tiny amounts it may be charged as a misdemeanor or even as a felony (if marketed to minors).

You will find 92,800 arrests for Marijuana at New York throughout 2007. Men aged 15 to 24 made up 56 percent of those detained, and 70 percent of these men were white.

NOTE: Following any legal arrest in a car in NYS that the whole automobile is subject to hunt top to bottom, inside and outside. So much for your 4th amendment rights in New York State.

Outside, at a public park or on the road we've got another story. Authorities will occasionally make a false statement ie. Lie to obtain an arrest. I am aware of, as unbelieveable as this may seem Virginia, it occurs. Law enforcement will inform college kids they"need to" create a search. That if they would like to prevent an arrest they need to empty their pockets, and also to show them exactly what they have or even? Legally they can just tap you down for weapons, but to enter your pockets demands permission or likely cause, but when the bud is subjected to public opinion we've got a full blown misdemeanor.

Here's a ranking of the New York State Pot Legislation at severe to more severe (in terms of penalties and effects ):

1.UPM is ownership of less than 25 grams of bud. In most these instances (with first time offenders) that your lawyer can proceed to an ACD (adjournment in contemplation of dismissal) or a direct dismissal of this charge. The judge will establish the expression of staying out of trouble (no new criminal fees ) FOR EITHER 6 MONTHS OR ONE YEAR. It's in his discretion. Additionally in his discretion is if there's a substance abuse test. Some judges also need community services.

The next level up of Marijuana crime is:

2. CPM under Penal Law 221.10: Criminal Possession of Marijuana in the 5th level . This where the bud is open to public opinion, burning, or at which the quantity is over 25 g but less than two oz. It's class B misdemeanor.

The next level up of Marijuana crime is:

3. CPM under Penal Law 221.15: Criminal Possession of Marijuana in the 4th Level. This is where you've got over two ounce but less than 2 oz. Now that is exactly what the District Attorney will state is actual weight, and they're considering this stage you're dealing drugs rather than simply possessing them for individual use. CPM from the 4th is a class A misdemeanor.

4.Penal Law 221.35 is for the Sale of Marijuana. All that's required is less than two g or a single joint/blunt. It's a Class B misdemeanor. Sale is a really loose term under the statute. Sale also has gifting or a market of whatever, as no"thought" is required under the statute to think about it available.

5. Less than 1 ounce. It's a Class A misdemeanor.

The next two levels are at which we proceed from misdemeanor level crimes (under a year in prison ) to felony level crimes (greater than 1 year in prison ). Misdemeanor offenses could be managed by City, Town, or Village Courts. Felony charges are just handled in the County Court level.

* Beware that Sale of over 1 OUNCE moves the crime to Class E FELONY Status at New York State (punishable by up to 3 years in State Prison).

* Beware of New York State Penal Law 221.50. Sale of Marijuana into a small (an individual less than 18 years old). That's punishable with a term of 4 to 7 years in State Prison, that is not county prison.

I'd like to finish off using the Fantastic NEWS about number 1 through 5 above:

This Penal Law 221.05 UPM (Unlawful Possession of Marijuana), Penal Law 221.10 CPM (Criminal Possession of Marijuana) at the 5th Level, Penal Law 221.15 CPM (Criminal Possession of Marijuana) at the 4th level, Penal Law 221.35 Sale of Marijuana, along with Penal Law 221.40 Sale of Marijuana are covered under the Very First Time Offender ACD statute.

New York Criminal Procedure Law Section 170.56.

Captioned as"Adjournment in contemplation of dismissal in cases in between marijuana."

If someone qualifies under the statute that a movement can be produced by his lawyer, then his bud charges could be disregarded later on, and all of his official documents and papers concerning his prosecution and arrest, whether on record with the Court, the authorities, or the New York State Division of criminal justice agencies will be sealed and never made accessible to the private or public bureaus.

Upon the granting of this order by the Court, the prosecution and arrest could be considered and deemed a nullity (like they never occurred ) and the individual will be restored to their pre-arrest status.

If of course somebody has has other previous charges (about bud or alternative medications ) then his lawyer can possibly negotiate to another non-criminal mood, such as disorderly conduct. This is a breach and the documents of the arrest and prosecution could be sealed in the neighborhood level.