Drug Crimes

Drug Crimes

The U.S. Controlled Substances Act sets the criteria for what constitutes criminal offenses in the manufacture, possession, sale and abuse of drugs. According to state and federal laws, a controlled substance considered to be a drug can be:

  • Cocaine
  • Heroin
  • Methamphetamines
  • Barbiturates
  • Marijuana
  • Illegally prescribed or abuse of prescription drugs
  • Altered over-the-counter drugs
  • Other illegal substances

The severity of the punishment for a drug crime depends on the type of substance, the quantity, the intent of possession, and local, state and federal laws.

Marijuana Possession Defense Attorney
Marijuana possession cases depend upon the weight of the marijuana for their seriousness. A sample breakdown is as follows:

  • More than 25 grams: B Misdemeanor ( Maximum of 90 days in jail)
  • More than 2 ounces: A Misdemeanor (Maximum of 1 year in jail)
  • More than 8 ounces: E Felony
  • More than 16 ounces : D Felony
  • More than 10 pounds: C Felony

 

The most common charge we see is Unlawful Possession of Marijuana (UPM - Penal Law 221.05) for possession of less than 25 grams (about 7/8 of an ounce) of marijuana. This is a violation - it is not a crime.
Also common is Criminal Possession of Marijuana in the fifth degree (CPM - Penal Law 221.10) for possession in a public place where the marijuana is either burning or open to public view, or where the amount is more than 25 grams but less than 2 ounces. This is a crime - a B misdemeanor. CPM 4th (221.15) is where the amount of marijuana (including everything it's mixed with) is more than 2 ounces but less than 8 ounces. This is an A misdemeanor. This is where marijuana offenses start to become more serious, with consequences like probation and jail time becoming more likely.

Fortunately, it seems that relatively few of the marijuana possession cases we see rise to the felony level. In some of these cases the original felony will be dropped to a misdemeanor if the lab weight is less than 8 ounces. If charged with a marijuana related offense, you owe it to yourself or your loved one to retain Attorney Redenburg, experienced in handling these types of matters.

If you or someone you know has been arrested for a drug-related crime, we urge you to contact our experienced attorneys for representation and counsel. We're here to help.

 

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