Out of all the charges that you can get for selling marihuana under the New York Penal Code, the least serious charge is criminal sale of marihuana in the fifth degree. In order for a prosecutor to convict someone of these charges, they have to show the following:
- 1. They have to prove that you sold the marihuana unlawfully and knowingly.
- 2. They have to prove that the amount you sold is two grams or less or one marihuana cigarette.
- 3. You gave away marihuana and there by according to the law “sold” without consideration.
This charge is a misdemeanor, and you can be charged with it for simply giving a friend or family member a cigarette of marihuana.
An undercover offer is watching a particular area for any sort of drug activity and witnesses a man giving a woman a cigarette that appears to be a marihuana cigarette. The officer watches the pair, and after witnessing the woman lighting and smoking the cigarette, the officer arrests them both. The woman is charged with possession of marihuana in the fifth degree, but the man is actually charged with criminal sale of marihuana in the fifth degree, even though he gave her the cigarette.
- 1. New York Penal Code § 220.31: Criminal sale of a controlled substance in the fifth degree
- 2. New York Penal Code § 221.10: Criminal possession of marihuana in the fifth degree
- 3. New York Penal Code § 220.06: Criminal possession of a controlled substance in the fifth degree
A popular way to defend against these charges is to declare that the uncovered material was the result of an unlawful search. There are strict rules that police officers have to abide by when they are stopping or searching a person’s home or their person. If the police fail to strictly follow these rules, then a judge can classify the search as unlawful. If this happens, usually, the prosecutor is forced dismiss the charge and case against you.
Criminal sale of marihuana in the fifth degree is classified as a class B misdemeanor, which means it has a maximum sentence of three months in jail. However, depending on the judge, you could be sentenced to just probation or up to 3 years of probation added onto the jail sentence.
New York Penal Code § 221.35: Criminal sale of marihuana in the fifth degree
The penal code states that a person is guilty of this crime if they unlawfully and knowingly sells one or more substances, compounds, preparations, or mixtures of 2 grams or less of marihuana or a single cigarette that contacts marihuana.
Contact Law office about Criminal Sale of Marihuana in the Fifth Degree
There is a lot of controversy surrounding the use and sale of marihuana, but this does not matter in the eyes of the law. In the eyes of the law these offenses are considered serious. Even if you are convicted of the lowest level of this crime, it could cause you to go to jail and to have a criminal mark on your record. Due to these consequences, it is important that you contact an attorney, as soon as possible, who has experience in these types of offenses to ensure that you are well-represented in a court of law. Some firms provide free consultations to offer some advice if you are unsure that you are in need of an attorney for your charges.