• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Unlawful possession of marijuana In New York State

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

axedry82

Junior Member
Unlawful possession of marijuana In New York State. I was just charged with a UPM in NYS. I'M 22 right now. Where it gets tricky is when i was 17 i received a UPM. And when i was 18 i received a UPM and possession of stolen property. The case from when i was 17 was a ADC for a yr which i completed and the case from when i was 18 i received a 6 months ACD (with help from a lawyer) which i completed as well. I looked up the marijuana laws in NYS. And found ( for my situation)
25 g or less (first offense) civil citation $100
25 g or less (second offense) civil citation $200
25 g or less (3rd offense) misdemeanor 5 days(jail) and/or fine $250.
My question is will this be considered my 3rd offense? Or can i get away with saying this is my 1st offense since my last two cases were ACD?

Ive also read that
In misdemeanor cases the Government has a set period of time to "corroborate" the accusatory instrument. For a B misdemeanor, the Government has 60 days to get the lab report. If the Government fails to get the lab report in 60 days on a B misdemeanor, the case must be dismissed because the accusatory instrument was never "corroborated".

So the question you might be asking yourself now is "If they have 60 days to get the lab report for a B misdemeanor, how long do they have for a VIOLATION, since unlawful possession of marihuana is just a VIOLATION?"

And THAT is an excellent question. And here is the answer:
ZERO DAYS.

Is this ture for orange county NY?

Thanks in advance!!
 


Banned_Princess

Senior Member
its just a violation, you will probably get another acod... or you will get convicted and charged the 100$ fine plus surcharges.

Just get a lawyer, from wherever you get lawyers from.

no big deal, just stop overthinking it. If you want to over think things like that, go to school to be a lawyer.
 

You Are Guilty

Senior Member
It always pays to read the actual statute, not someone's summary. Here, it answers your question - 3 years is the operable time frame:
NY Penal Law said:
§ 221.05 Unlawful possession of marihuana.
A person is guilty of unlawful possession of marihuana when he
knowingly and unlawfully possesses marihuana.
Unlawful possession of marihuana is a violation punishable only by a
fine of not more than one hundred dollars. However, where the defendant
has previously been convicted of an offense defined in this article or
article 220 of this chapter, committed within the three years
immediately preceding such violation, it shall be punishable (a) only by
a fine of not more than two hundred dollars, if the defendant was
previously convicted of one such offense committed during such period,
and (b) by a fine of not more than two hundred fifty dollars or a term
of imprisonment not in excess of fifteen days or both, if the defendant
was previously convicted of two such offenses committed during such
period.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top