As part of my process of the defense of DWI along with other traffic associated things I tend to have to endure some other drug offenses. It is too common that a bong, pipe, and/or other paraphernalia (vaporizers, spoons, hammers, chillums, bubblers, sidecars, sherlocks, raydiators, tubes, bats, headies) are found within the automobile. All of the police have to accomplish is scrape together enough resin/residue, and an additional criminal charge is put into the fray.
Of the course of my years of training in the Fingerlakes I've defended many college pupils from SUNY Cortland, Keuka College, Ithaca College, Cornell University, SUNY Binghamton, etc. Marijuana use appears to go with college like cereal goes with dairy. Some people feel that New York State has decriminalized marijuana, at times it is
simply charged as a violation, but even in relatively modest levels it may be charged as a misdemeanor or perhaps as a felony (if sold to minors).
There was 92,800 arrests for Marijuana in New York during 2007. Guys aged fifteen to 24 made up 56 % of all those arrested, along with seventy % of those males were gray.
NOTE: After any lawful arrest in a car in NYS the whole car is subject to browse top to bottom, inside and out. So much for your 4th amendment rights in New York State.
Outdoors, in a public park and on the street we have some other story. Police will often make a phony statement ie. lie to pick up an arrest. I know, as unbelieveable as that sounds Virginia, it happens. Law enforcement will tell college kids which they "have to" make a search. That if they wish to stay away from an arrest they should empty the pockets of theirs, and also to show them what they have or condor bbb (
click here to read) else? Legally they could merely pat you down for weapons, but to go into your pockets demands probable cause or permission, but once the marijuana is exposed to public view we have a complete blown misdemeanor.
Here's a ranking of the new York State Pot Laws from least acute to more serious (in terminology of penalties and consequences):
1. UPM under Penal Law 221.05: Unlawful Possession of Marijuana is not a bad thing it's only a violation BUT since marijuana is a controlled substance under Federal Law a plea of guilty will make you ineligible for Federal Financial Aid (thank you President Clinton) for a single season. Side note: Marijuana is not thought to be a controlled substance under New York State Law but we are talking about Federal Student Loans, Federal Work Study Monies, Federal Grants, and the Federal Hope College Credit.
1. UPM under Penal Law 221.05: Unlawful Possession of Marijuana
BUT
Federal
Federal
Federal
Federal
Federal
UPM is
possession of only twenty five grams of marijuana. In the majority of these instances (with first time offenders) the lawyer of yours is able to go for an ACD (adjournment in deep contemplation of dismissal) or a straight dismissal of the charge. The judge will set the phrase of staying out of problems (no new criminal charges) FOR EITHER six MONTHS or perhaps ONE YEAR. It is in his discretion. Also in the discretion of his is whether there is a substance abuse evaluation. Some judges also have to have community service.
UPM is possession of only twenty five grams of marijuana.
2. CPM under Penal Law 221.10: Criminal Possession of Marijuana in the 5th degree
3. CPM under Penal Law 221.15: Criminal Possession of Marijuana in the 4th degree.
4. Penal Law 221.35 is designed for the Sale of Marijuana.
gifting
5. Penal Law 221.40 is designed for the Sale of Marijuana. Substantially less than one ounce.
* Beware that Sale of More than one OUNCE moves the offense to Class E FELONY Status in New York State (punishable by as much as three years in State Prison).
* Beware of New York State Penal Law 221.50. Marketing of Marijuana to a minor
Class D Felony Status.
