Criminal Diversion  Medical Marihuana: NY Penal Law § 179.15

by ECL Writer
Criminal Diversion Of Medical Marihuana In The Second Degree

New York imposes stringent regulations on medical marijuana usage and acquisition. According to New York Public Health Law § 3362, individuals authorized for medical marijuana use are limited to possessing a quantity equivalent to a 30-day supply, as prescribed by their practitioner. Any possession exceeding this limit would constitute a violation of the law. New York Penal Law § 179.15 governs the offense of criminally retaining medical marijuana. If a certified medical marijuana user or a designated caregiver knowingly holds an excess amount of marijuana beyond their authorized limit, they may face prosecution. This offense is classified as a Class A misdemeanor under New York law.


If you are convicted of criminal retention of medical marihuana, your sentence could include up to 1 year in jail, a probation term of 3 years, and a fine.

New York Penal Law § 179.11: Criminal diversion of medical marihuana

One commits the offense of criminal retention of medical marijuana when, identified as a certified patient or designated caregiver, in accordance with the definitions specified in subdivisions three and five of § 3360 of the Public Health Law, knowingly acquires, holds, stores, or retains a quantity of marijuana that surpasses the amount permitted under the regulations outlined in Title 5-A of Article 33 of the Public Health Law.

Related Offenses

Hiring A New York Lawyer For Criminal diversion of medical marihuana case

When facing a criminal diversion of medical marijuana case in New York, hiring a skilled lawyer is paramount. New York’s evolving cannabis laws make legal representation essential. A seasoned attorney will possess expertise in state regulations, ensuring that you navigate the complex legal landscape effectively. They can build a strong defense strategy, leveraging their knowledge of medical marijuana laws, diversion statutes, and potential sentencing guidelines. With their guidance, you’ll have a better chance of minimizing penalties or even having charges dismissed. A New York lawyer experienced in handling such cases provides the advocacy and legal acumen needed to protect your rights and future.

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