In the state of New York, criminal sale of marijuana in the second degree is a felony. It is also one of three felony sales involving marijuana and falls under New York’s Penal Code 221.50. There are two ways in which a person can violate the statute: one is to sell between four and six ounces of the drug and the second is by selling it to anyone who is younger than 18. This includes any of the following when marijuana is a component:
Criminal Sale of Marijuana in the Second Degree as Per New York Penal Code 221.50
In the state of New York, the criminal code is extremely broad when referring to the term “sell.” A person can be convicted of this crime even if they have not received any cash for the marijuana. As per New York’s Penal Code 220.00(1), selling means not only exchanging, but giving or disposing of a substance to another person or even agreeing or offering to do that. As a result, a person can be charged and convicted of criminal sale of marijuana even if they never actually went all the way through with the transaction after giving another person the drug.
An example of criminal sale of marijuana in the second degree, a young man approaches a woman and asks if he can buy a bag of marijuana from her. He hands over some cash to her and in return, she gives him two baggies that seem to contain marijuana. This exchange is witnessed by a police officer in a nearby patrol car. The officer approaches and arrests the woman, charging her with selling marijuana. If it is later determined that the baggies she handed over to the man consist of at least four ounces of marijuana and the young man was actually younger than 18, she could be charged with criminal sale of marijuana in the second degree.
Offenses Related to Criminal Sale of Marijuana in the Second Degree in New York
There are three offenses that are closely related to criminal sale of marijuana in the second degree in New York. They include the following:
• Criminal possession of marijuana in the second degree as per New York’s Penal Code 221.25
• Criminal possession of a controlled substance in the second degree as per New York’s Penal Code 220.18
• Criminal sale of a controlled substance in the second degree as per New York Penal Code 220.41
Possible Defenses for Criminal Sale of Marijuana in the Second Degree in New York
Defending against the charge of criminal sale of marijuana in the second degree can be done if the defense attorney can argue that the amount involved was less than four ounces. In that case, the prosecution would have no choice but to lower the charge or even dismiss it depending on other circumstances. In general, it is very common for many arrests for this crime to occur because a police officer was undercover or there was a confidential informant helping the police by attempting to buy the drug. Another possible defense is to argue that the undercover officer or confidential informant was too aggressive, which would mean there might be a case of entrapment.
Sentence for Criminal Sale of Marijuana in the Second Degree in New York
Criminal sale of marijuana in the second degree is considered a class D felony, which means that a person who is convicted of the crime can be sentenced to a maximum of seven years in prison. However, the exact sentence they receive depends on certain factors, one of which being whether the individual has a prior criminal history. Those who have no prior criminal history usually get more lenient sentences while individuals who have prior convictions will receive a longer sentence. There are likely also fines to be responsible for as well, plus certain fees that the individual may be required to pay due to being convicted.