A similar federal statute relates to the importation of narcotics into the country from outside the country. 21 U.S.C. Section 952 makes it a federal felony to import controlled substances from any place outside of the United States. The maximum and minimum penalties for committing these crimes are set forth in 21 U.S.C. Section 960, and again generally depend upon the type and quantity of narcotic imported into the United States, and whether anyone died as a result of those narcotics.

A person does not have to be physically transporting narcotics to be guilt of this crime. Federal prosecutors routinely pursue people for conspiring with others to commit this crime, such that one defendant might be accused of physically transporting narcotics while other members of the members of the conspiracy play different roles in the planning and delivery of the narcotics or its proceeds. Indeed, these crimes are frequently charged along with 21 U.S.C. 846, the conspiracy statute.

Indictments accusing individuals of these crimes may be the result of long-term investigations into narcotics trafficking, by federal agents and undercover informants. Sometimes, however, a defendant simply discovered and arrested at the border with narcotics in his vehicle might also be prosecuted in federal court. These cases also sometimes begin with arrests by U.S. Customs at airports who find narcotics in passenger luggage.

Defendants in these cases might be able to prove that they were unaware that they were being used to transport narcotics, or act as unwitting mules. In other cases, they might have played a minor role worthy of a sentencing reduction. Some young offenders may be eligible for federal diversionary programs to avoid prison or the lifelong stain of a conviction.

For defendants with no such defense, it is critical that they have an experienced criminal defense attorney who can advocate for leniency from the judge and prosecutors. Some defendants in these cases have drug addictions that caused them to become involved in a criminal conspiracy. Others might be controlled or abused by their boyfriends or husbands. In these cases, Matthew Galluzzo tries to really get to know his clients so that he can best present them as human beings to the presiding judges.

Indeed, Matthew Galluzzo has successfully defended many individuals charged with federal narcotics crimes, including 21 U.S.C. 952 and 960. If you or a loved one have been arrested or charged with such a crime, or conspiring to commit one, you should contact Matthew Galluzzo immediately. Matthew Galluzzo has represented individuals charged in federal court with trafficking cocaine, crack-cocaine, heroin, methamphetamine, GHB, MDMA (ecstasy), crystal methamphetamine, ketamine, fentanyl, marijuana, suboxone, prescription medication (Oxycontin, Oxycodone, Percocet, etc.), “Lean,” and other controlled substances. Matthew Galluzzo has also represented individuals accused of trafficking narcotics on the Dark Web.

Matthew Galluzzo parle francais. En fait, il est chevalier dans l’Ordre National du Merite, a cause de son travail comme Avocat en Droit Penal aupres du Consulat General de France a New York.

What has changed however, is the New York Police Department’s approach to marijuana arrests. In short, you can absolutely still be charged with a crime if caught smoking or possessing marijuana in public. The NYPD, however, has announced that it will cease making full-blown arrests and instead will issue summonses in these cases with limited exceptions (if the person they stop is on probation or parole, has outstanding warrants or a history of violence, or is in violation of another law (ie, DWI drugs).

A summons is a pink ticket handed to you by a police officer which can charge you with a crime or a violation. If you receive one, it means you have been commanded to answer misdemeanor and/or violation charges in a Court of law. Failure to abide by the summons and appear in Court can and will result in a warrant being issued for your arrest. So you (or a lawyer who can go on your behalf – see below) must answer the ticket personally.

The decision to issue summonses as opposed to put arrestees through the system comes on the heels of Manhattan DA Cyrus R. Vance announcing that his office will now declining to prosecute (“DP”) low-level marijuana possession cases. This means that most folks who are caught smoking/possessing weed in Manhattan can expect to go to summons Court only. As it were, the Queens DA has indicated he is not as eager to DP cases and will enforce the law as long as it is still on the books.

So what should you do now if you’re unfortunate enough to be issued a summons to answer a marijuana charge? You should contact us immediately. There are a number of things we can do to help. For example: let’s say you were visiting New York on the day you were issued the summons and will no longer be in the City on the day of the scheduled Court date? Luckily, our attorneys can appear on your behalf, armed with the proper documentation which we can prepare for you and which authorizes us to dispose of the case without you being present. Likewise, if you reside in New York, can’t miss work, or simply want to avoid having to go to the Criminal Courthouse altogether, you should contact us immediately The worst thing you can do is nothing.

Vance’s policy change comes on the heels of a disturbing (albeit unsurprising) study which revealed that African-Americans are arrested for low-level marijuana offenses at a rate 8 times that of whites in New York City, and 15 times more than white people in Manhattan alone. The critical component of the study of course indicated that both African-American and white folks use marijuana at the same rate.

In light of these (and other) statistics, beginning on August 1, 2018, the Manhattan District Attorney’s Office will simply stop prosecuting low-level criminal cases involving smoking and possession of marijuana, with few exemptions. Yes, you read that correctly: If you are arrested for smoking a marijuana cigarette, joint, blunt or pipe in public, or otherwise possess a small enough quantity of marijuana, the Manhattan DA’s office will not prosecute you as of that date. DA Vance expects that the number of marijuana cases handled by the system annually to be reduced from roughly 5,000 to 200 as a result.

What if I am arrested for possessing or smoking marijuana before August 1, 2018?

In the meantime, between now and August 1, if you are arrested for smoking or possessing marijuana for the first time you should be offered a 90-day marijuana ACD. If you are arrested for the same charge and you have previously received a marijuana ACD, you may receive a 6-month ACD this time around, unless you fall under one of the DA’s Office’s “public safety” exemptions. [It is worth noting that the Criminal Procedure Law in New York calls for a 1-year ACD in Marijuana offenses (See CPL 170.56)]. The Manhattan DA’s Office has indicated that they will not abide by this interim policy in cases where defendants have been convicted of a violent felony in the last ten years , have a conviction for any sex crime-related offense, or are under a particular arrested alert by their Office’s Crime Strategies Unit, so if you fall under one of those categories, the new policy will not apply.

What is an “ACD”?

An “ACD” is an acronym for an Adjournment in Contemplation of Dismissal, and it means just that: your case will be adjourned with the expectation of being dismissed at the end of the ACD’s term. So, for example, if you were to receive a 90-day ACD today, your case will be marked down for dismissal in 90 days assuming you do not incur any new arrests. The critical caveat with the ACD is that your criminal case remains open for the entire ACD period. This can have important consequences for non-citizens, or those who expect to be subjected to a background check for employment opportunities, for example.

In many ways, a Desk Appearance Ticket does not feel like such a big deal. The arrested person is usually handcuffed and taken to a police station where they are fingerprinted. They typically wait a few hours in a holding cell until they are given a piece of paper telling them the date and location of their appearance in court. Before Desk Appearance Tickets became routine, criminal defendants could expect to get “sent downtown” and spend the night in jail before seeing a judge. Obviously, Desk Appearance Tickets are preferable for criminal defendants because they spend less time in custody and also have the opportunity to choose counsel for themselves prior to going to court.

Make no mistake, however: the issuance of a Desk Appearance Ticket is in fact an arrest – it is not “just a ticket”. More importantly for visa holders, this event is not going to “fly under the radar” with the immigration agencies. If you were arrested and given a Desk Appearance Ticket, your fingerprints and the arrest charges have been sent to a New York state agency (the Division of Criminal Justice Services) and to the FBI, which maintains a federal nationwide law enforcement database of all arrest events across the United States (the Interstate Identification Index). Visa and green card holders should understand that the immigration agencies, in processing visa renewal requests, access this database to investigate whether the visa applicant has an arrest record. Indeed, some visa holders actually receive emails from Department of Homeland Security (Immigration & Customs Enforcement) agents after their arrests, because the agency was notified of the arrest via the fingerprint database.

Generally speaking, visas will not be renewed if a visa holder has a pending (meaning unresolved) criminal case. Our office has worked with many people whose visas to work or attend school in the U.S. were denied on account of having a pending criminal case, either forcing them to return to their native country or preventing them from returning to the United States. Of course, certain types of convictions can also prevent the renewal of a visa, and can even result in removal or deportation for green card holders. The rules pertaining to the effects of various convictions are too complicated to full explain here – you should consult with an experienced attorney on the subject.

If you received a Desk Appearance Ticket, it should tell you what you can expect to be charged with when you go to court. Specifically, it will list a “Penal Law” charge with the phrase “PL” followed by a number next to the term “Top Offense Charge” or “Top Count”. The most common types of Desk Appearance Tickets include charges of Petit Larceny (or shoplifting, PL 155.25), Criminal Possession of a Controlled Substance in the Seventh Degree (PL 220.03), Theft of Services (PL 165.15), Criminal Possession of a Weapon (PL 265.01), Assault in the Third Degree (PL 120.00), Trespass (PL 140.10), Public Lewdness (PL 245.00), Forgery (PL 170.20), Unlawful Possession of Marijuana (PL 221.10), and Sexual Abuse in the Third Degree (PL 130.53). These charges are all misdemeanors punishable by up to 90 days or 1 year in jail.

Most individuals (without prior arrests) charged with these crimes do not incur criminal convictions. However, many of the “best” dispositions for these cases – called Adjournments in Contemplation of Dismissals (or “ACDs”) – involve long “probationary” periods of six months or a year, during which time the defendants agree to remain arrest free and complete community service or counseling in exchange for a dismissal of the charges. Dismissals are generally great for defendants, so it is hard to refuse such an offer from the prosecutor and court, normally. Unfortunately for visa holders, these “probationary periods” sometimes overlap with the deadlines for renewals of their visas, and since the criminal charges are technically still pending during these probationary periods, visas can and will be denied during these periods. There are a number of possible solutions to this problem. Oftentimes, we seek to have court dates advanced for our clients to avoid deadline problems, meaning that the cases are brought to court sooner than originally scheduled. Sometimes we are able to convince prosecutors to dismiss charges outright. Other times, we simply petition prosecutors to shorten the “probationary periods” on the ACDs to give our clients the opportunity to apply for their visas without this impediment for renewal.

Criminal defendants holding visas and facing Desk Appearance Tickets should also consult with an attorney prior to traveling abroad. New executive orders signed by the President have complicated foreign travel for such individuals. Indeed, foreign visa holders could risk being denied re-entry into the United States by traveling while a criminal case is pending.

Our attorneys regularly represent foreign citizens charged with Desk Appearance Tickets. In fact, on account of our close relationships with several foreign consulates in New York City, over half of our criminal defense clients are citizens of foreign nations. As a result, we understand the unique challenges that holders of green cards of visas face after receiving a Desk Appearance Ticket, and we understand how to best help our clients avoid serious consequences for their visas or immigration status. We have helped countless individuals with F1, K1, H1B, J1, O1, E3, H2B, B1, and other visas remain in the United States so that they could pursue their careers and educational opportunities, and we are proud to have been able to do so.

If you or a loved one are a foreign citizen and have received a Desk Appearance Ticket, you should seriously consider the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo. Their team of former Manhattan prosecutors will help you navigate the confusing criminal-immigration system and work with your immigration attorneys to do everything possible to ensure that your application for a renewal of your visa or green card is unaffected by these criminal charges.

Unfortunately, even a minor arrest can derail an application or renewal for an H1B visa. The attorneys at The Law Office of Matthew Galluzzo have represented many individuals with H1B visas who have received Desk Appearance Tickets for misdemeanor arrests, including, among other things: Theft of Services (PL 165.15), Petit Larceny (PL 155.25), Criminal Possession of a Controlled Substance in the Seventh Degree (PL 220.03), Criminal Mischief (PL 145.00), Unlawful Possession of Marijuana (PL 221.10), and Assault in the Third Degree (PL 120.00). Some of these cases are oftentimes resolved with adjournments in contemplation of dismissal (“ACDs”) that would generally be considered to be favorable dispositions. However, ACDs typically involve six month waiting periods before the cases are dismissed, and any people who need to apply for or renew their H1B visas during that six month period are precluded from doing so (and thus unable to remain in the United States at their chosen and hard-earned job). Put plainly, an H1B visa will not be renewed if a criminal case is pending or if the ACD waiting period is still outsanding. This effect has also been noted in the context of other visa applications, such as F1 and J1 visas.

While these are generally not considered the most serious of cases, for visa holders, even these comparatively minor criminal cases can impact your life, career and renewal applications in a number of other ways. For example, convictions for these crimes can result in job loss, permanent criminal records, deportation or inadmissibility, fines, and potentially even jail time. A criminal case should never be taken lightly, but foreign citizens with visas need to be even more mindful of the consequences of an arrest.

The attorneys at The Law Office of Matthew Galluzzo – the accredited criminal defense attorneys for the New York Consulates of France, Switzerland, Belgium, Australia and Saudi Arabia – regularly represent foreign citizens in a wide variety of criminal cases, and have been successful in securing countless dismissals for our foreign clients. Moreover, we have been successful on numerous occasions in convincing prosecutors to dismiss low-level cases or shorten the statutory ACD waiting periods by demonstrating the adverse impact upon their H1B visa renewals or applications. If any of this might apply to you, you should consider retaining the services of one of the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo.

Additionally, the attorneys at The Law Office of Matthew Galluzzo are fluent in French and Spanish. Our clients with those backgrounds greatly appreciate their ability to communicate in their native languages and find it easier to understand the process. To learn more about New York criminal law issues in French, visit our website www.droitpenal.nyc or email avocat@droitpenal.nyc.

Public defenders are available for indigent defendants at arraignments on Desk Appearance Tickets. However, if you are not indigent, then you do not qualify for a public defender, meaning that you will have to return with a privately-retained lawyer anyway. Even if you do qualify, technically, for a public defender, you should consider various other reasons for hiring a private attorney. First and foremost, you will be unable to speak to a public defender in advance of your court date, whereas a private defense attorney can meet with you and prepare you and answer your questions in advance of your court date. Also, defendants with private attorneys are usually seen by the judge first and can typically leave before 10:30 am; those people relying on public defenders may find themselves waiting in line all day to talk to an attorney, and waiting to see a judge well into the afternoon session. If your case lasts beyond the arraignment, you may find it extremely difficult to get ahold of a public defender, as they are typically responsible for hundreds of criminal cases at a given moment and are often unable to respond to voicemails; in contrast, a private lawyer presumably has more time to answer your phone calls and questions and meet with you in the office. The private attorneys at our office, unlike public defenders, will continue to work on your case after its done to ensure that where, if applicable, the records of your arrest have been properly sealed and the matter cleared from the public domain. Finally, the attorneys at our office, unlike public defenders, can sometimes in certain types of cases assist out-of-state residents, students, or foreign citizens by appearing for them in lieu of personal appearances.

Most importantly, though, these matters are important and must be taken seriously. A criminal conviction – even for a misdemeanor – can create permanent obstacles to employment, naturalization, university admission, and more. There is no expungement of criminal convictions in New York, so a criminal conviction for even a misdemeanor is a permanent matter of public record and can haunt a person for the rest of his or her life. FINRA-licensed brokers can unwittingly jeopardize their careers in seemingly trivial matters, and non-citizens can prevent themselves from being able to stay in the United States in accepting a disposition that seems otherwise reasonable. These are mistakes that can be avoided with the advice of good and prepared counsel.

The criminal defense attorneys at the Law Office of Matthew Galluzzo have successfully defended hundreds of Desk Appearance Tickets throughout New York City and obtained countless dismissals of the charges contained therein. If you or a loved have been charged with misdemeanors by way of a Desk Appearance Ticket, you should take the matter seriously and seriously consider retaining the experienced former prosecutors and criminal defense attorneys at the Law Office of Matthew Galluzzo. A single mistake at your court appearance could have serious and permanent consequences for life, family, and career… wouldn’t you rather know that the matter is being handled by a seasoned professional of your choosing?

Notably, the security guards at private clubs are not normally required to adhere to the Fourth Amendment rules about unlawful searches and seizures. Obviously, the Fourth Amendment instructs that police officers are not allowed to frisk someone without sufficient cause to do so, and any evidence obtained by an unlawful police seizure is inadmissible in court per the doctrine known as “fruit of the poisonous tree”. Thus, because private security guards at clubs are not generally constrained by the Fourth Amendment, a prosecutor can admit into evidence drugs that were obtained from a search by a private security guard that would have been inadmissible if performed by a police officer.

However, these club-search cases are very defensible in a number of ways. First, there can be serious chain of custody issues in these cases; a skilled defense attorney may be able to demonstrate that the private security guards failed to properly secure or keep track of the drugs once seized, or that they were intermingled with drugs seized from some other patron. In those cases, the prosecution may be unable to reliably attribute certain drugs to certain individuals, as required at a trial. Moreover, these private security guards often have not received nearly the same degree of training as police officers, and they also may not be as accustomed to being as diligent with respect to their paperwork. Accordingly, the credibility and reliability of the testimony of these bouncers and security guards may be very contestable at trial.

Though the majority of these types of arrests are for misdemeanors (usually charged as a violation of Penal Law Section 220.03), some individuals have even been “arrested” by club security guards and referred to the police for drug-related felonies such as violations of Penal Law 220.39 (Criminal Sale of a Controlled Substance in the Third Degree, often involving cocaine) or Penal Law 220.16 (Criminal Possession of a Controlled Substance in the Third Degree) or Penal Law 220.06 (Criminal Possession of a Controlled Substance in the Fifth Degree, for ecstasy/MDMA/molly and other drugs) or Penal Law 220.31 (Criminal Sale of a Controlled Substance in the Fifth Degree). Generally, drug-related crimes become felonies if the quantity of the drugs possessed is significant, if there is some evidence of an intent to sell on the part of the possessor, or if there was an actual sale. Notably, the definition of a “sale” in New York law includes the simple act of giving drugs to another person, whether there is money exchanged or not. See Penal Law Section 220.00(1). Thus, simply sharing drugs with a friend at a club or passing a single pill of ecstasy to a stranger could get you arrested and convicted of a felony.

If you or a loved one have been arrested for a drug-related crime at a New York City nightclub, you should strongly consider retaining an experienced criminal defense attorney immediately. The attorneys at The Law Office of Matthew Galluzzo have significant experience defending cases such as these and have regularly delivered excellent results. Contact them today to set up a consultation.

While the issuance of criminal court desk appearance tickets may have gone down in light of a re-energized debate as to the wisdom of continued illegality of marijuana, the number of NYC marijuana summonses or pink summonses issued appears to have increased. This occurrence probably has as much to do with the relaxed views on the harmful effects of marijuana as it does with the protestations of the defense bar and others that misdemeanor marijuana arrests were often times predicated on illegal or questionable practice of ordering an arrestee to empty his or her pockets only to be told that upon compliance the marijuana was now “open to public view” thus elevating the charge from a violation to a misdemeanor. Whatever the cause, people who have received a marijuana summons in New York City need to know that they have the right to pursue a result which keeps their criminal records not only conviction-, but also arrest-free. The full text of the statute regarding marijuana violations is below:

§ 221.05 Unlawful possession of marihuana. A person is guilty of unlawful possession of marihuana when he knowingly and unlawfully possesses marihuana. Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars. However, where the defendant has previously been convicted of an offense defined in this article or article 220 of this chapter, committed within the three years immediately preceding such violation, it shall be punishable (a) only by a fine of not more than two hundred dollars, if the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both, if the defendant was previously convicted of two such offenses committed during such period.

Most individuals who appear at 346 Broadway for a marijuana summons (pertaining to Manhattan or Brooklyn arrests), 120-55 Queens Boulevard (Queens), 161st Street (Bronx) or on Staten Island do not realize that a far better disposition than a plea to a violation may be reached with the assistance of an attorney. A conviction of a marijuana violation can leave you with a permanent arrest record. Thus, if you have received a summons charging you with marijuana offenses in the greater New York City area, you should appear withcounsel experienced in handling marijuana cases in New York City courts.

This post examines the New York City Desk Appearance Ticket for Marijuana Possession given in cases involving possession of a small amount of marijuana. A typical scenario will involve a group of people gathering somewhere outdoors, outside a bar, or simply walking down the street, passing around a joint, marijuana cigarette, or a pipe containing burning marijuana. The police would appear out of nowhere, seize the drugs, and arrest the people. Arrestees will typically be brought to the local police precinct, fingerprinted, photographed, and then issued a Desk Appearance Ticket. This ” Marijuana D.A.T.” will oftentimes charge a person with a marijuana misdemeanor. The ticket itself will say: Top Offense Charged: PL 221.10 01. That charge, in full form, reads as follows:

§ 221.10 Criminal possession of marihuana 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.

Elements of Marijuana Charge

In most situations where a person is arrested for smoking marijuana on the street he or she will be charged with subsection 1. The key elements under that subsection are 1) that the marijuana is possessed in a public place, and 2) that the marijuana be burning or visible to the public. As a practical matter, “the public” here refers to the arresting police officer or officers. Street arrests leading to prosecutions under subsection 2 are less common because there it is the weight of the marijuana that matters, not the fact that it is possessed in a public place. The general observation here is that if the police officers can see the marijuana, they will arrest under subsection 1. If they cannot see the marijuana, chances are that the arrestee was not arrested on the street.

Governor Cuomo’s Recent Proposal to Decriminalize Marijuana Did not Pass

Governor Cuomo recently attempted to decriminalize possession of a small amount of marijuana by making the “public” possession of marijuana on par with the simple possession of marijuana, which is a violation, not a crime. This proposal was blocked by the state legislature, but may be reconsidered at the beginning of the new legislative session in January.

What the Marijuana D.A.T. Contains and What do to with a Marijuana D.A.T.

The D.A.T. will state the Arrest Precinct and contain tracking information such as the DAT Serial No. and the OLBS Arrest-ID. The Serial number is generated to allow the matter to be tracked through the court system whereas the OLBS (“online booking system”) arrest number is primarily generated for police purposes. The D.A.T. will summon the recipient to the Criminal Court of the City of New York, usually in the county in which the arrest was made. It will provide information about where to go and instruct the recipient that failure to appear for the offense charged can result in an arrest warrant. The arrestee will usually be asked to sign the D.A.T. to acknowledge receipt and agreement to appear on the time specified on the ticket. Other information contained in the D.A.T. will be the arresting officer’s name, rank, oftentimes “POM,” or “POF” (Police Officer Male and Police Officer Female, respectively) and the officers Tax Reg number, which is a way of identifying the police officer who made the arrest in the court and police computer network. The D.A.T. will always be signed by the arresting officer.

You should bear in mind that — despite recent efforts at decriminalization — if you appear in court and simply plead guilty to this criminal charge, a class B misdemeanor, the result may be a permanent criminal record. Thus, if you have received a desk appearance ticket charging you with marijuana offenses, you should appear with counsel experienced in handling marijuana cases in New York City courts.

The Family Court process can be daunting for a family inexperienced in defending against allegations such as these, even in juvenile arrest matters. A young defendant and his or her family will most likely be interviewed by probation and if the charge warrants it, be brought before a judge where an adjudication of juvenile delinquency can be made either through an admission or, in some cases, after a fact-finding hearing. The Family Court Act requires the attendance of the juvenile respondent and his or her counsel to be present during such a hearing. It is for this reason, that it is important that your child’s rights are protected by a lawyer experienced in handling juvenile arrest cases. If an adjudication of juvenile delinquency is made, the Family Court Act requires a dispositional hearing to take place within 10 days of the adjudication (if the charge is a felony) or within 50 days of the adjudication (for all other cases). The possible outcomes of a dispositional hearing for a juvenile defendant are three: (i) a conditional discharge, which for all intents and purposes is an order from the court requiring the juvenile to stay out of trouble and comply with whatever other conditions the court deems necessary to correct the behavior, (ii) probation, which would imply reporting to a probation officer for a set period of time, or, in extreme cases (iii) placement in a juvenile detention facility. The court’s decision will be the result of a balancing of the needs of the juvenile against the need to protect the community.

Simply put, should a loved one or family member of yours require assistance in sorting out a family court or adult criminal matter, you should call The Law Office of Matthew Galluzzo.

The least serious marijuana sale crime is Criminal Sale of Marihuana in the Fifth Degree (Penal Law Section 221.35) (Note: the Penal Law actually still uses the antiquated “marihuana” spelling rather than the more-commonly used “marijuana”). That crime makes it a Class B misdemeanor punishable by up to 90 days in jail to “knowingly and unlawfully sell, without consideration, one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of two grams or less; or one cigarette containing marijuana.” In cases where the amount of marihuana sold exceeds two grams or one cigarette, the person can be charged with Criminal Sale of Marihuana in the Fourth Degree, Penal Law Section 221.40, a Class A misdemeanor punishable by up to 1 year in jail.

Serious weight sales can merit felony charges punishable by state prison time. Specifically, it is a Class E felony to sell over twenty-five grams of marijuana (Criminal Sale of Marihuana in the Third Degree, Penal Law Section 221.45), a Class D felony to sell more than 4 ounces (Criminal Sale of Marihuana in the Second Degree, Penal Law Section 221.50), and a Class C felony to sell more than sixteen ounces (Criminal Sale of Marihuana in the First Degree, Penal Law Section 221.55).

Finally, it is also a Class D felony to knowingly and unlawfully sell marijuana to a person less then 18 years old (Criminal Sale of Marihuana in the Second Degree, Penal Law Section 221.50).

Undercover police officers routinely arrest people for selling marijuana in buy-and-bust and observation operations. In the former, undercover officers use pre-recorded buy money to purchase marijuana on the street themselves from suspected dealers. In the latter, officers watch suspected dealers in the hopes of seeing them engage in a marijuana sale, and then attempt to arrest both the buyer and the seller to make their case.

If you or a loved one have been arrested for selling marijuana, or even just given a Desk Appearance Ticket (DAT), you should strongly consider contacting the attorneys at The Law Office of Matthew Galluzzo. They have tremendous experience representing individuals charged with these types of cases all over New York City and the surrounding areas, and as former prosecutors, they are intimately familiar with the investigative techniques employed by law enforcement officers.