Criminal Sale of Marijuana in the 5th Degree Charges Defense Attorney
Most users of marihuana in the Rochester area would never consider themselves to be dealers involved in the sale of marihuana.
Under the laws of New York State, however, it is possible for even recreational marihuana users to be arrested for the sale of marihuana.
Criminal Sale of Marihuana in the Fifth Degree is the lowest offense that may be charged for the “sale” of marihuana.
It specifically states that the sale must be made “without consideration,” meaning the defendant did not receive anything for the alleged “sale.”
In layman’s terms, it means that this criminal offense may be charged when someone shares a small amount of marihuana with other people, such as at a college party.
The law also places a limit on the amount of marihuana that may be shared to either one marihuana cigarette or less than two grams of a preparation, compound, mixture or substance containing marihuana.
If larger amounts were shared or the defendant was paid in some manner, he or she faces a more serious criminal charge.
If you have been arrested for the possession or sale of marihuana, we are experienced criminal defense attorneys who can help you navigate the legal system.
Call us at 585-484-7432.