›› New York: Alcohol-Related Laws

• (Total Laws: 26 of 39)
  .08 Per Se, Automatic License Revocation, Sobriety Checkpoints, Felony DUI, Dram Shop, Fake ID, Graduated Drivers Licensing, Social Host, Happy Hour, Illegal Per Se, Mandatory Jail 2nd Offense, Mandatory Alcohol Assessment/Treatment, Mandatory Alcohol Education, Mandatory BAC Testing for DUI Offenders who Survive, Open Container Law that is TEA-21 Compliant, Primary Belt Law, TEA-21 Compliant for Repeat Offenders, Vehicular Homicide, Vehicle Sanctions While Suspended, Victim Rights Constitutional Amendment, Youth Attempt at Purchase, Youth Consumption of Alcohol, Child Endangerment, Youth Purchase, Selling Alcohol to Youth, Zero Tolerance,

• Marijuana Laws *
  

  Incarceration Fine Possession 25 g or less (first offense) civil citation none $100 25 g or less (second offense) civil citation none $200 25 g or less (subsequent offense) misdemeanor 15 days $250 25 g to 2 oz* misdemeanor 3 months $500 2 to 8 oz misdemeanor 1 year $1,000 8 to 16 oz (first felony) felony 1 - 1.5 years $5,000 16 oz to 10 lbs (first felony) felony 1 - 2.5 years $5,000 More than 10 lbs (first felony) felony 1 - 5.5 years $5,000 *Includes any amount in public where marijuana is burning or open to public view. Sale or Cultivation 2 g or less without remuneration misdemeanor 3 months $500 25 g or less misdemeanor 1 year $1,000 25 g to 4 oz (first felony) felony 1 - 1.5 years $5,000 4 to 16 oz (first felony) felony 1 - 2.5 years $5,000 More than 16 oz (first felony) felony 1 - 5.5 years $5,000 Sale to a minor (first felony) felony 1 - 2.5 years $5,000 Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) Paraphernalia possession (must be dirty paraphernalia) misdemeanor 1 year $1,000 Details Possession of 25 grams or less of marijuana is punishable by a fine of $100 for the first offense. For the second offense, the penalty increases to a $200 fine and for subsequent offenses the fine increases to $250 and a maximum of 15 days in jail time may be imposed. Possession of greater than 25 grams or possession of any amount in public where the marijuana is burning or open to public view, is punishable by up to three months in jail and a fine up to $500. For possession of greater than two ounces, the penalty increases to a possible one year in jail and a fine up to $1,000. Possession of greater than eight ounces increases the penalties to a possible one to one and a half years in prison and a fine up to $5,000. The penalties for possession of greater than 16 ounces are one to two and a half years in prison and a fine up to $5,000. For possession of any amount greater than 10 pounds, the penalty is one to five and half years in prison and a fine up to $5,000. Delivery or manufacture of two grams or less of marijuana for no remuneration is punishable by up to three months in jail and a fine up to $500. For delivery or manufacture of 25 grams or less, the penalty is up to one year in jail and a fine up to $1,000. For amounts greater than 25 grams, the penalty increases to one to one and a half years in jail and a fine up to $5,000. Delivery or manufacture of greater than four ounces is punishable by one to two and a half years in prison and a fine up to $5,000. For any amount greater than 16 ounces, the penalty increases to one to five and a half years in prison and a fine up to $5,000. Any sale or delivery to a minor is punishable by one to two and a half years in prison and a fine up to $5,000. Possession or sale of paraphernalia is punishable by up to one year in jail or a fine up to $1,000. Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.   * Data provided by NORML