The Penalty For Criminal Sale Of Marihuana (Marijuana) In The Fifth Degree (NY PL 221.35) Explained By Buffalo Area Defense Attorney

Defense Lawyer for Criminal Sale of Marijuana in the 5th Degree Charges

Criminal Sale of Marihuana in the Fifth Degree is a class B misdemeanor in New York State.

Because this offense is charged when an individual shares relatively low amounts of marihuana with others, such as passing around a marihuana cigarette, even casual marihuana users may face having a permanent criminal record if convicted of this crime.

A person convicted of this offense faces a jail sentence of up to three months.

A sentence of probation lasting up to one year may also be imposed.

If the court limits the jail sentence to 60 days a less, a sentence consisting of jail time followed by probation is possible.

In addition to these penalties, a fine of up to $500 is possible.

New York State also requires the imposition of a $25 Victim Assistance Fee and a $175 mandatory surcharge in addition to any fine imposed.

While having a small amount of marihuana for personal use usually will not result in a criminal record or a severe sentence, sharing that small amount of marihuana is treated much more seriously by New York State.

We can help you if you are facing any drug charge related to the sale or use of marihuana.

Please feel free to call us at 716-542-5444 for legal help.

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