Cannabis in New York

Cannabis in New York is illegal for recreational use, but is permitted for medical use, and possession of small amounts is decriminalized.

Current law

Offenses related to the possession or sale of marijuana and "concentrated cannabis", outside those allowed by the state's medical marijuana statute, are defined in Article 221 of the New York State Penal Law.^[1] The former term is defined in the state's Public Health Law as "all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin." Stalks from the mature plant, fiber, oil and cake made from it, sterilized seeds and compounds or preparations from them are not considered marijuana. "Concentrated cannabis", meant primarily to refer to hashish, refers to the plant's "separated resin, whether crude or purified" and any substance, whether derived from the plant or not, containing more than 2.5% by weight of delta-9-Tetrahydrocannabinol (THC), delta-8 dibenzopyran, delta-1-THC or delta-1 (6) monoterpene, an isomer of the last compound.^[2]

Possession of less than 25 grams (0.88 oz) of marijuana, in any form, is unlawful possession of marijuana, punishable by a fine of no more than $100 if the defendant has no convictions for the offense within the last three years. Those who do can be fined up to $200; on the third conviction within that time period the maximum fine rises to $250 with the possibility of a 15-day jail sentence as well. The offense is considered a violation, the lowest level of offense defined in state law, and thus does not show up on a criminal record.^[1]

If the marijuana is burning or in public view, no matter the amount, or is between 25 g and 2 ounces (57 g), it is fifth-degree criminal possession of marijuana, a Class B misdemeanor,^[1] carrying a possible three-month sentence.^[3] Amounts in the 2–8 ounces (57–227 g) range are fourth-degree criminal possession of marijuana, a Class A misdemeanor^[1] for which offenders can receive up to six months in jail. Convictions for these offenses will result in a criminal record.^[3]

Amounts higher than 8 ounces are felonies, all of which carry a minimum prison term of three years in New York. Third-degree criminal possession of marijuana, a Class E felony^[1] with up to four years as a possible punishment,^[4] applies to amounts between 8 and 16 ounces (450 g), or one pound. Those convicted of second-degree criminal possession of marijuana, a Class D felony^[1] with a maximum sentence of seven years, will have been in possession of up to 10 pounds (4.5 kg) and can expect to serve up to seven years at most.^[4] First-degree criminal possession of marijuana applies to those with more than 10 pounds,^[1] a Class C felony for which offenders may spend 15 years in prison.^[4]

Offenses related to the sale of marijuana start with fifth-degree criminal sale of marijuana, a class B misdemeanor that covers amounts less than 2 grams (0.071 oz). Fourth-degree criminal sale of marijuana, a class A misdemeanor, covers sales between that amount and 25 grams (0.88 oz). Amounts up to 4 ounces (110 g) are third-degree criminal sale of marijuana, a Class E felony.^[1]

Sales in the 4–16-oz. range get the offender a conviction for second-degree criminal sale of marijuana, a Class D felony. That offense also applies to any sale of a lesser amount to a minor. Sales of more than a pound are considered first-degree criminal sale of marijuana, a Class C felony.^[1]

Prohibition (1927)

In 1914, New York first began to restrict cannabis by requiring a prescription to obtain the drug. In an amendment to the Boylan Bill, they added "Cannabis indica, which is the Indian hemp from which the East Indian drug called hashish is manufactured," to the city's list of restricted drugs. The New York Times on the following day commented: Devotees of hashish are now hardly numerous enough here to count, but they are likely to increase as other narcotics become harder to obtain. In their study of the history of marijuana prohibition, Richard J. Bonnie & Charles H. Whitebread note that "only four articles about marijuana appeared in the major New York newspaper during the entire period from 1914 until 1927." In 1927, New York removed the medical purposes and restricted cannabis completely.^[5]

Decriminalization (1977)

In 1977, New York decriminalized possession of 25 grams or less of marijuana, to an infraction with a $100 fine. However, possession in public view remained a misdemeanor, and civil rights advocates stated that this was used as a loophole to unfairly arrest. A New York Times editorial noted in 2012:

Marijuana arrests declined after passage of the 1977 law, but that changed in the 1990s. Between 1997 and 2010, the city arrested 525,000 people for low-level, public-view possession, according to a legislative finding. Lawmakers and civil rights lawyers are rightly outraged that more than 80 percent of those arrested in the city are black and Latino, despite substantial data showing that whites are more likely to use the drug.^[6]

New York City (2014)

In response to the continued arrests for marijuana possession, in 2014 New York City mayor Bill de Blasio directed the NYPD to cease arrests, and instead issue tickets, for small possession even in cases where the 1977 law might allow an arrest, such as cannabis entering "public view" during a stop-and-frisk.^[7] However the Village Voice noted in 2016 that despite an sudden drop following de Blasio's direction, arrests have "gone back up just as quickly."^[8]

Medical cannabis (2014)

In July 2014, New York Governor Andrew Cuomo signed legislation permitted the use of cannabis for medical purposes, following a "lengthy, emotional debate" in the issue in the Senate and 49–10 Senate vote. Cuomo's signing began an 18-month window for the state Department of Health to enact a medical marijuana program to provide non-smoked method of cannabis consumption to patients. The legislation awarded five contracts to private marijuana growers who would each be allowed to operate four dispensaries.^[9]

References