Being convicted of drug possession, intent to sell, or trafficking can have a long-lasting and significant impact on a person’s life. If you’re facing drug charges of any kind, you need a steadfast legal advocate in your corner. Contact the team of Suffolk County drug crime lawyers here at Castro & Trodden, LLC today so we can get started working on your case and fighting for your future.
Drug Crime Lawyers Serving Suffolk County & all of Long Island
Here at Castro & Trodden, LLC, we believe that everyone is innocent until proven guilty. An allegation is not the same as a conviction, but you need a competent Suffolk County criminal defense lawyer in your corner who can help preserve your innocence and safeguard your future. Fortunately, you are in the right place. We are here to help you, every step of the way.
Penalties for Marijuana Crimes in New York State
While recreational marijuana is legal in New York, there are still strict laws governing how much you can possess, where you can use it, and how it can be legally sold. Violating these laws can lead to significant penalties, including fines, community service, and even criminal charges in some cases. Some of the most common marijuana-related crimes and their corresponding penalties are as follows:
- Possession over the legal limit: Adults 21 and older may legally possess up to three ounces of cannabis or 24 grams of concentrated cannabis. Possessing more than this amount can result in:
- Over three ounces but under one pound: Violation with a fine of up to $125
- Over one pound: Misdemeanor with fines up to $1,000 and up to one year in jail
- Over 10 pounds: Felony, carrying a potential prison sentence
- Illegal sales & unlicensed distribution:
- Selling any amount without a license: Misdemeanor, fines up to $1,000, and jail time
- Selling over 16 ounces (one pound) or over 5 ounces of concentrate: Felony, punishable by up to seven years in prison
- Smoking or consuming marijuana in prohibited places:
- Cannabis use is restricted in public spaces where cigarette smoking is banned, including workplaces, restaurants, and public transportation
- Violations can result in fines starting at $25
- Driving under the influence of marijuana:
- Driving while impaired by cannabis is a criminal offense, subject to license suspension, fines, and potential jail time
Penalties for Controlled Substance Crimes in NYS
Unlike marijuana, most controlled substances remain strictly illegal in New York. Possessing, selling, or distributing drugs such as cocaine, heroin, fentanyl, methamphetamine, MDMA, LSD, and prescription opioids without a prescription can lead to severe criminal charges. Below are the penalties for controlled substance crimes in New York:
- Criminal Possession of a Controlled Substance (CPCS):
- Class A Misdemeanor: Possessing small amounts of controlled substances such as cocaine or heroin
- Up to one year in jail
- Fines up to $1,000
- Class D Felony: Possession of larger amounts or a mix of controlled substances
- Up to 2.5 years in prison
- Class B Felony: Possession of large quantities of narcotics (e.g., over ½ ounce of heroin or 4 ounces of cocaine)
- Class A Felony: Possession of massive amounts of controlled substances (e.g., over 8 ounces of cocaine or heroin)
- Minimum 8 years in prison, can be sentenced to life imprisonment
- Criminal Sale of a Controlled Substance (CSCS)
- Selling any amount: Class D or C Felony, punishable by up to 5.5 years in prison
- Selling to a minor or near a school – Automatically upgraded to a more severe felony
- Major drug trafficking (operating as a kingpin): Class A Felony, can result in life in prison
In addition to prison time, those convicted of controlled substance crimes may face high fines, permanent criminal records, and mandatory drug treatment programs. The stakes are high, and if you are facing drug charges, you need an experienced Long Island drug crime attorney in your corner.
Potential Defenses Against Drug Charges
A drug charge does not automatically mean a conviction. Depending on the circumstances, there are several defense strategies that an experienced criminal defense lawyer can use to challenge the prosecution’s case. Some potential defenses against drug charges in New York are as follows:
- Unlawful search and seizure: If law enforcement illegally searched your home, car, or person without a warrant or probable cause, any evidence obtained may be suppressed in court.
- Lack of possession: Prosecutors must prove that you knowingly and unlawfully possessed the drugs. If the drugs were found in a shared space, you may argue that they did not belong to you.
- Entrapment: If you were coerced or pressured by law enforcement into committing a drug crime you otherwise would not have committed, you may have a valid entrapment defense.
- Substance was not illegal: Lab tests must confirm that the substance in question is actually a controlled drug. If there was an error in testing or documentation, the charges could be dropped.
- Medical necessity or valid prescription: If you were legally prescribed a controlled substance or using it for a legitimate medical reason, this could serve as a defense.
Every drug case is unique, and the right defense depends on the facts of your case. Our skilled team of Suffolk County drug defense lawyers will analyze your case, challenge the evidence, and fight to reduce or dismiss the charges against you.
Contact Our Long Island Drug Crime Lawyers
Don’t face drug charges on your own. If convicted, you could spend years in jail, face high fines, and develop a permanent criminal record. Our legal team of drug crime lawyers is here to fight for you and your future. Contact Castro & Trodden, LLC today for help.
