Penalties for Cannabis Possession in Brooklyn
In recent years, Brooklyn, like the rest of New York State, has experienced significant changes in its cannabis laws. The legalization of recreational cannabis in March 2021 has transformed the landscape for cannabis possession. However, there are still legal boundaries and potential penalties for those who exceed possession limits or engage in illegal activities. This blog will guide you through the current laws and penalties for cannabis in Brooklyn to help you stay compliant.
Understanding the Legal Limits
Personal Possession
New York State law allows adults aged 21 and over to legally possess up to:
- 3 ounces (85 grams) of cannabis flower
- 24 grams of concentrated cannabis (e.g., oils, edibles, vapes)
These limits apply to personal possession in public. Exceeding these amounts can lead to legal consequences.
Home Possession
In your private residence, you can legally store up to:
- 5 pounds (2.27 kilograms) of cannabis
Although this is a generous amount, it’s essential to keep it secure and out of reach of minors to avoid legal issues and ensure safety.
Penalties for Exceeding Legal Limits
While there are legal allowances for cannabis possession, exceeding these limits can result in various penalties:
Exceeding Public Possession Limits
- 3 ounces to 8 ounces: Possession of more than 3 ounces but less than 8 ounces of cannabis flower is considered a violation and can result in a fine of up to $200.
- 8 ounces to 1 pound: This is classified as a Class A misdemeanor, carrying potential penalties of up to 1 year in jail and/or a fine of up to $1,000.
- Over 1 pound: Possession of more than 1 pound of cannabis flower is a Class E felony, punishable by up to 4 years in prison and/or a fine of up to $5,000.
Exceeding Concentrate Limits
- 24 grams to 2 ounces: Possession of more than 24 grams but less than 2 ounces of concentrated cannabis is a violation and can lead to a fine of up to $200.
- 2 ounces to 4 ounces: This is a Class A misdemeanor, with potential penalties of up to 1 year in jail and/or a fine of up to $1,000.
- Over 4 ounces: Possession of more than 4 ounces of concentrated cannabis is a Class E felony, punishable by up to 4 years in prison and/or a fine of up to $5,000.
Other Potential Offenses
Unlawful Sale
Selling cannabis without a proper license is illegal. Penalties for unlawful sale depend on the amount sold and other factors, such as the age of the buyer. For instance, selling any amount of cannabis to a minor can result in severe legal consequences, including significant prison time.
Smoking or Vaping in Prohibited Areas
While personal use is legal, smoking or vaping cannabis in areas where tobacco smoking is prohibited can result in a civil fine of up to $25 or up to 20 hours of community service.
Driving Under the Influence
Driving under the influence of cannabis remains illegal and is treated similarly to driving under the influence of alcohol. Penalties can include fines, license suspension, and even jail time, depending on the severity of the offense.
Legal Protections and Expungement
The Marijuana Regulation and Taxation Act (MRTA) includes provisions for expunging past marijuana convictions. If you have a previous conviction for an activity that is now legal under the new law, you may be eligible for expungement, which removes the conviction from your record.
Final Thoughts
If you have any doubts or need legal advice, consulting with a legal expert specializing in cannabis law can provide clarity and help you navigate the complexities of the new regulations. Stay informed, stay safe, and enjoy the benefits of legalized cannabis responsibly.
