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법률 게시판

뉴욕 마리화나 소지죄 관련 법률 및 벌금 규정표

Author
admin
Date
2019-10-08 22:14
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72







New York Laws & Penalties




 







Offense Penalty Incarceration   Max. Fine  

Possession

28 g or less Violation N/A $ 50
More than 28 g - 2 oz Violstion N/A $ 200
More than 2 - 8 oz Misdemeanor 1 year $ 1,000
More than 8 oz - 1 lb Felony 4 years $ 5,000
More than 1 - 10 lbs Felony 7 years $ 5,000
More than 10 lbs Felony 15 years $ 15,000
In public view Violation N/A $ 200

Sale

2 g or less without profit or 1 marihuana cigarette Misdemeanor 3 months $ 500
25 g or less Misdemeanor 1 year $ 1,000
More than 25 g - 4 oz Felony 4 years $ 5,000
More than 4 oz - 1 lb Felony 7 years $ 5,000
More than 1 lb Felony 15 years $ 15,000
Using a child to assist Felony 4 years $ 5,000
To a minor Felony 7 years $ 5,000

Trafficking

Any amount Felony 15* - 25 years $ 100,000
* Mandatory minimum sentence

Cultivation

Any amount Misdemeanor 1 year $ 1,000
Cultivating marijuana is also possessing marijuana under current case law. See penalty details section below.

Hash & Concentrates

Possession of less than 1/4 oz Misdemeanor 1 year $ 1,000
Possession of 1/4 - less than 1 oz Felony 7 years $ 5,000
Possession of 1 oz or more Felony 15 years $ 15,000
Sale Felony 15 years $ 15,000

Paraphernalia

Possession or sale of scales or balances for the purpose of weighing or measuring marijuana Misdemeanor 1 year N/A
Subsequent offense Felony 7 years $ 5,000

Civil Asset Forfeiture

Property can be seized if convicted of a felony.

Miscellaneous

Mandatory driver's license suspension of 6 months for youthful offenders.



Penalty Details



Marijuana and its synthetic "equivalents" are considered Schedule I hallucinogenic substances under New York Public Health Law. Synthetic equivalents include resinous extracts and derivatives with similar chemical properties.

See

Possession for Personal Use

Democratic Gov. Andrew Cuomo signed legislation into law amending marijuana possession penalties and establishing procedures for the automatic expungement of prior, low-level cannabis convictions. The law took effect August 28, 2019.

The marijuana possession statute applies to private and public possession of marijuana.

Possession of up to 28 grams of marijuana is punishable by a fine of $50.

Possession of marijuana in excess of 28 grams - 2 ounces is a violation punishable by a maximum fine of $200.

Possession of marijuana in excess of 2 ounces - 8 ounces is a class A misdemeanor and is punishable by no more than 1 year of imprisonment and a fine not to exceed $1,000. Possession of marijuana in excess of 8 ounces - 16 ounces is a class E felony and is punishable by no more than 4 years of imprisonment and a fine not to exceed $5,000. Possession of marijuana in excess of 16 ounces - 10 pounds is a class D felony and is punishable by no more than 7 years of imprisonment and a fine not to exceed $5,000. Possession of marijuana in excess of 10 pounds is a class C felony and is punishable by no more than 15 years of imprisonment and a fine not to exceed $15,000.

See

Public Consumption

Public consumption of marijuana through smoking or vaping will be handled as a violation of New York's tobacco control laws.

See

Sale

Exchange without payment of less than 2 grams of marijuana and/or one marijuana cigarette is a class B misdemeanor and is punishable by no more than 3 months imprisonment.

Sale of marijuana in any amount to a person under 18 years of age is a class D felony and is punishable by up to 7 years of imprisonment and a fine not to exceed $5,000.

Sale of marijuana in an amount 25 grams or less is a class A misdemeanor and is punishable by no more than 1 year of imprisonment and a fine not to exceed $1,000. Sale of marijuana in an amount greater than 25 grams - 4 ounces is a class E felony and is punishable by up to 4 years of imprisonment and a fine not to exceed $5,000. Sale of marijuana in an amount greater than 4 ounces - 16 ounces is a class D felony and is punishable by up to 7 years of imprisonment and a fine not to exceed $5,000. Sale of marijuana in excess of 16 ounces is a class C felony and is punishable by up to 15 years of imprisonment and a fine not to exceed $15,000.

Using a child to assist in the sale of marijuana is a class E felony and is punishable by no more than 4 years of imprisonment and a fine not to exceed $5,000. This offense includes hiding marijuana on a child or otherwise directing a child to assist in a marijuana sale.

See

Trafficking

A person is considered a major trafficker of marijuana if they do one of the following: Act as the director of an organization, which sells $75000 worth of marijuana over the course of a year or less; collect $75000 or more from sales of marijuana over the course of 6 months or less; possess with intent to sell $75000 or more of marijuana over the course of 6 months or less. If one or more of the above are satisfied the person may be charged as a major trafficker, this is a class A-I felony and is punishable by 15-25 years of imprisonment and a fine not to exceed $100,000.

See

Cultivation

Growing cannabis is a class A misdemeanor and is punishable by up to 1 year of imprisonment and/or a fine of up to $1000.

*While technically cultivation of any amount of marijuana is a misdemeanor, a person who cultivates marijuana is also "possessing" marijuana under current case law. Parmeter v. Feinberg affirms the state's ability to charge a person with the crime of "cultivation" and "possession" any time a person is caught growing marijuana. This means the more marijuana that a person cultivates the more severe the degree of possession that the state can charge."

Hash & Concentrates

The term 'Marihuana' as used in the New York Criminal code is defined as including both plant-form Marihuana and Concentrated Cannabis. Marihuana is listed as a Schedule 1 drug on the New York Controlled Substances Schedule. Concentrated Cannabis is defined as the separated resin of the Cannabis plant, whether purified or raw, or any mixture or preparation containing at least 2.5% THC. Unlike most other states, New York uses the term Tetrahydrocannabinols exclusively to refer to synthetic cannabinoids, not Concentrates. New York does not apply its Marihuana decriminalization law to Concentrated Cannabis. There is no explicit justification for this in the statute, but specific penalties for offenses involving Concentrated Cannabis are separated from those involving plant-form Marihuana and the distinction is noted in caselaw.

Possession of any amount of Concentrated Cannabis up to one-fourth of an ounce is a class A Misdemeanor, punishable by up to 1 year imprisonment and a fine not to exceed $1000.

Possession of between one-fourth of an ounce and one ounce of Concentrated Cannabis is a class D Felony, punishable by up to 7 years imprisonment and a fine of no more than $5000.

Possession of one ounce or more of Concentrated Cannabis is a class C Felony, punishable by up to 15 years imprisonment and a fine of no more than $15,000.

The presence of any controlled substance in an automobile creates a presumption of knowing possession for all occupants of the vehicle. This principle does not apply if the controlled substance is on the person of one of the passengers and the substance is hidden from the view of other passengers.

The presence of Marihuana (including Concentrated Cannabis) in open view in a room, other than a public place, under circumstances that evince an intent to manufacture, package, or otherwise prepare the Marihuana for sale gives rise to a presumption of knowing possession for all those in close proximity to the Marihuana at the time it is found.

See

Sale of any amount of Concentrated Cannabis is a class C Felony subject to no more than 15 years imprisonment and a fine not to exceed $15,000.

See

Sale of any amount of Concentrated Cannabis on a school bus, on the grounds of a child day care or educational facility, or in a publically accessible area within 1000 feet of the real property line of such a facility is a class B Felony subject to no more than 25 years imprisonment and a fine not to exceed $30,000.

See

Sale of any amount of Concentrated Cannabis by a person 21 years old or more to a person 17 years old or younger is a class B Felony subject to no more than 25 years imprisonment and a fine not to exceed $30,000.

See

Paraphernalia

Possession or sale of scales or balances for the purpose of weighing or measuring marijuana is a class A misdemeanor and is punishable by up to 1 year of imprisonment. Any subsequent conviction of possession or sale of paraphernalia is a class D felony and is punishable by up to 7 years imprisonment and a fine of up to $5000.

See

Forfeiture

If convicted of a felony offense the following may be forfeited, unless the forfeiture would be disproportionate from what the defendant gained from the offense: the proceeds from the offense, instruments used in the offense (including a car).

See

Miscellaneous

Mandatory suspension for a period of six months where the holder is convicted of, or receives a youthful offender or other juvenile adjudication in connection with any crime in violation of the Federal Controlled Substances Act.

See








DECRIMINALIZATION

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

DRUGGED DRIVING

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see: Medical Use.

















 



Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. We do not provide legal advice from this web site. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.

If you have legal questions you should seek the assistance of an attorney in your jurisdiction.



For specific technical or legal advice on the information provided and related topics, please contact the author.. 해당 글 은 정보 제공 목적이며, 이 글을 보는 구독자와 계약을 통해 제공한 정보가 아닙니다. 개인간의 사안에 따라 적용이 달라질 수 있으므로 이 정보를 신뢰하여 피해를 입으신 경우 책임지지 않습니다. 따라서 변호사를 선임하여 법률적 도움을 받기를 바랍니다.

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