New York Criminal Retention of Medical Marihuana

New York Penal Law contains a provision which criminalizes possession go medical marihuana by a certified patient or a designated caregiver in excess of the amount s/he is authorized to possess by law. This provision is scheduled to be repealed on July 5, 2021.

Elements of Criminal Retention of Medical Marihuana

Under New York Penal Law 179.15, the charge of Criminal Retention of Medical Marihuana has the following elements:

  1. Being a certified patient or designated caregiver, as those terms are defined in subdivisions three and five of section thirty-three hundred sixty of the Public Health Law,
  2. He or she knowingly obtains, possesses, stores or maintains
  3. An amount of marihuana in excess of the amount he or she is authorized to possess under the provisions of title five-A of article thirty-three of the public health law.

Penalties and Sentencing for New York Criminal Retention of Medical Marihuana Charges

Criminal Retention of Medical Marihuana is a Class A Misdemeanor. As such, this charge is punishable by up to 1 year in prison. However, the sentences of time served, conditional discharge, unconditional discharge, and probation are all authorized sentences for this charge.

Criminal Provision To Be Repealed

New York Penal Law Section 179.15, which applies to New York Criminal Retention of Medical Marihuana has been in effect since 2019. This provision is set to be repealed on July 5, 2021. As New York State is moving away from criminalizing marihuana, it will no longer be a crime to possess excess marihuana as a certified patient or a designated caregiver.

Contact Top Rated New York Marihuana Criminal Defense Attorney

If you have been arrested and charged with New York Criminal Retention of Medical Marihuana, or any other Marihuana or Drug possession, cultivation, distribution or trafficking charge, you need experienced criminal counsel by your side to navigate your case. Please contact us today to schedule your initial consultation.