Muscato & Shatkin, LLP
Free Initial Consultations (716) 842-0550
Drug Lawyer Buffalo

Drug Lawyer Buffalo


DRUG CHARGE IN BUFFALO, NEW YORK

If you have been arrested for a Drug Charge in Buffalo you should contact a lawyer immediately.

New York Drug Laws

Possession for Personal Use

For a first time offender, possession of up to 25 grams of marijuana is punishable by a fine of $100.

If an additional offense occurs within three years of the first offense, possession of up to 25 grams of marijuana is punishable by a fine of $200.

For the third or subsequent offense(s) within a three-year period, possession of up to 25 grams of marijuana is punishable by a fine of $250 and/or imprisonment up to 15 days.

Possession of marijuana that exceeds 25 grams but is less than 2 ounces is a class B misdemeanor and is punishable by a maximum of 3 months imprisonment.

Possession of marijuana that exceeds 2 ounces but is less than 8 ounces is a class A misdemeanor and is punishable by a maximum of 1 year of imprisonment.

Possession of marijuana that exceeds 8 ounces but is less than 16 ounces is a class E felony and is punishable by a maximum of 4 years of imprisonment.

Possession of marijuana that exceeds 16 ounces but is less than 10 pounds is a class D felony and is punishable by a maximum of 7 years of imprisonment.

Possession of marijuana that exceeds 10 pounds is a class C felony and is punishable by a maximum of 15 years of imprisonment.

The Sale of Drugs

Exchange without payment of less than 2 grams of marijuana is a class B misdemeanor and is punishable by a maximum of 3 months imprisonment.

Sale of marijuana in any amount to a person under the age of 18 is a class D felony and is punishable by a maximum of 7 years of imprisonment.

Sale of marijuana in an amount less than 25 grams is a class A misdemeanor and is punishable by a maximum of 1 year of imprisonment.

Sale of marijuana in an amount greater than 25 grams but less than 4 ounces is a class E felony and is punishable by a maximum of 4 years of imprisonment.

Sale of marijuana in an amount greater than 4 ounces but less than 16 ounces is a class D felony and is punishable by a maximum of 7 years of imprisonment.

Sale of marijuana in excess of 16 ounces is a class C felony and is punishable by a maximum of 15 years of imprisonment.

NY Drug Lawyer

Using a child to assist in the sale of marijuana is a class E felony and is punishable by a maximum of 4 years of imprisonment. This offense includes hiding marijuana on a child or otherwise directing a child to assist in a marijuana sale.

Trafficking

A person is considered a trafficker of marijuana if they do any of the following:

  • Act as the director of an organization, which sells $75000 worth of marijuana over the course of a year or less
  • collect $75000 or more from sales of marijuana over the course of 6 months or less;
  • possess with intent to sell $75000 or more of marijuana over the course of 6 months or less

If one or more of the above are satisfied the person may be charged as a major trafficker, this is a class A-I felony and is punishable by 15-25 years of imprisonment.

Paraphernalia

Possession or sale of scales or balances for the purpose of weighing or measuring marijuana is a class A misdemeanor and is punishable by a maximum of 1 year of imprisonment.

Any subsequent conviction of possession or sale of paraphernalia is a class D felony and is punishable by a maximum of 7 years imprisonment and a fine of up to $5000.

Representing clients in Chautauqua, Erie, & Niagara Counties