Criminal Possession of Marijuana in the Fifth Degree
New York City Defense Lawyer

§ 221.10 Criminal Possession of Marijuana in the Fifth Degree.

A person is guilty of criminal possession of marihuana in the fifth degree when he knowingly and unlawfully possesses:

  1. marihuana in a public place, as defined in section 240.00 of this chapter, and such marihuana is burning or open to public view; or
  2. one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams.

Criminal possession of marihuana in the fifth degree is a class B misdemeanor.

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