WHAT IS THE PENALTY FOR POLICE CODE 221.10.1

Asked over 5 years ago - Islip Terrace, NY

WHAT IS THE PENALTY FOR POLICE CODE 221.10.1

Attorney answers (2)

  1. Oscar Michelen

    Contributor Level 16

    Answered . That section is public consumption of marijuana. If it is your first arrest, often courts adjourn the case in contemplation of dismissal meaning the case stays open for a year and if after a year you have not been arrested for anything else, the charges get dismissed. But sometimes the charges are only reduced to a violation, which is still not a crime, but is obviously not as good as a dismissal. Talk to a qualified practitioner to increase your chances of getting the dismissal.

  2. Glenn Warren Magnell

    Pro

    Contributor Level 11

    Answered . Penal Law section 221.10 is "Criminal Possession of Marijuana in the 5th degree". It is a "B" misdemeanor, meaning that it is considered a crime and a conviction for this offense would leave you with a permanent criminal record. Theoretically, a conviction could result in a fine up to $500, up to 3 months in jail and up to one year probation. However, most of the time a simple fine is what is imposed for a first conviction.

    I would also not assume that all jurisdictions automatically offer to adjourn in contemplation of dismissal. Much will depend on whether or not you have had any previous convictions for possession of MJ or possession of a controlled substance. For someone with a clean record an ACD is possible, but so is an offer to reduce it to PL 221.05 (Unlawful Possession of MJ) which is not a misdemeanor, only a violation.

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