Drugs and Marijuana Offenses in New York City


Despite sentencing reform and the movement in various states to decriminalize or legalize recreational marijuana possession, being accused of possessing or selling marijuana or a controlled substance remains both illegal and seriously punished here in New York. Whether the charges are for Criminal Possession of Marijuana in Bronx County, Criminal Sale of a Controlled Substance in Kings County or Criminal Possession of Cocaine in New York County, an arrest for a narcotic or marijuana-related offense needs to be dealt with swiftly and proactively by retaining a top New York drug crime defense lawyer immediately after arrest. Why? Because the awesome power of the prosecutor in charging these cases can only be checked through the skill and resources of your criminal defense attorney.

The various drug offenses listed in New York’s Penal Code cover a wide variety of conduct, from criminal sale and possession of substances to trafficking across state-lines. Prosecutors use this to their advantage when they charge numerous criminal violations arising out of a single arrest involving drugs. For instance, the sale of cocaine to an undercover police officer can result not only in the felony charge of Third Degree Criminal Sale of a Controlled Substance (New York Penal Law § 220.39) but also the charge of Third Degree Criminal Possession of a Controlled Substance (New York Penal Law § 220.16) and potentially even Conspiracy (New York Penal Law § 105.10) if the prosecutor claims you had help from others in the commission of the crime. Being charged with a crime or multiple crimes, however, does not mean a conviction for one or all of them is unavoidable. Top New York drug crime defense attorneys routinely contest multi-count indictments or information filed by the state when charging drug offenses. And we have, on many occasions, prevented some of the overreaching by prosecutors that has become all too common in drug cases in New York.

New York Marijuana / Marihuana Crimes & Offenses

New York Controlled Substance Crimes & Offenses

New York Criminal Sale of Prescription Medications or Controlled Substances By Practitioners

  • New York Penal Law § 220.65 — Criminal Sale of Prescriptions for Controlled Substances or Controlled Substances by Practitioners or Pharmacists

The penalties for these crimes are just as varied and comprehensive as the crimes themselves. For instance, the punishment for driving a car with a pound of marijuana in the trunk can be as inconsequential as a $100 fine or as significant as two years or more in a state corrections facility. In addition to criminal penalties, the collateral consequences of a guilty plea or conviction for an Article 220 (controlled substances) or Article 221 (marijuana) offense includes the immediate six month suspension of your license to drive in New York State. VTL § 510.2 (b)(v). For those accused of abusing the public’s trust in the practice of medicine or pharmacology, the collateral consequences may be even more devastating than anything imposed at sentencing: revocation of your license to practice medicine by the state.

Fortunately, when faced with the prospect of aggressive cross-examination of their witnesses in front of a skeptical judge or jury and then gambling on a verdict of guilty for a nonviolent offense, prosecutors may be very willing to offer a plea deal. Having handled a countless number of these cases of all degrees of severity in both New York’s state and federal courts and across the country, our attorneys at the Law Offices of Jeffrey Lichtman have a depth of experience to pull from in handling your drug case, whether it be in a motion to suppress a search and seizure, a plea negotiation or a trial. Unlike many people who discuss their abilities in their internet advertising, we actually have a proven, easily-verifiable track record of success.

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