Cannabis Rules in Southampton, New York

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General Rules Regarding Cannabis / Marijuana in Southampton, New York

Possession for Personal Use

* On March 31, Governor Andrew Cuomo signed The "Marijuana Regulation and Taxation Act" (MRTA) into law. Provisions in the law legalizing the personal possession of up to three ounces of cannabis flower and/or up to 24 grams of concentrates for those ages 21 and older took immediate effect. The new law also establishes procedures for the automatic review and expungement of the criminal records of those with low-level cannabis convictions. Under the law, the smell of marijuana alone is no longer probable cause for a search by law enforcement. Use of cannabis in public may be subject to civil penalties.

Possession of marijuana in excess of 3 ounces, up to 16 ounces is a violation and is punishable by a fine not to exceed $150. Possession of marijuana in excess of 1 pound – 5 pounds is a misdemeanor and is punishable by no more than 1 year of imprisonment and a fine not to exceed $1,000. Possession of marijuana in excess of 5 pounds – 10 pounds is a felony punishable by no more than 4 years of imprisonment and a fine not exceeding $5,000. Possession of marijuana in excess of 10 pounds is a felony punishable by no more than 7 years of imprisonment and a fine not exceeding $5,000.

• New York Pen. Code §222.05
• New York Pen. Code §221 
• New York Pen. Code §70 
• New York Pen. Code §80 

Public Consumption

Public consumption of marijuana through smoking or vaping will be handled as a violation of New York’s tobacco control laws.

• New York Pub Health Sec.1399-n

Sale

Without compensation, the exchange of up to 3 ounces of marijuana or 24 grams of concentrate carries no penalty, no imprisonment, and no fine.

The sale of marijuana in any amount to a person under 18 years of age is a class D felony and is punishable by up to 7 years of imprisonment and a fine not to exceed $5,000.

The sale of marijuana in an amount 3 ounces or less is a violation, punishable by a fine up to $250. The sale of between 3 ounces and one pound is a class A misdemeanor and is punishable by no more than 1 year of imprisonment and a fine not to exceed $1,000. The sale of marijuana in an amount between 1 pound and 5 pounds is a class E felony and is punishable by up to 4 years of imprisonment and a fine not to exceed $5,000. The sale of marijuana in an amount greater than 5 pounds is a felony and is punishable by up to 7 years of imprisonment and a fine not to exceed $5,000. The sale of over 100 pounds of marijuana is a felony punishable by 15 years of imprisonment and a fine of up to $15,000.

Using a child to assist in the sale of marijuana is a class E felony and is punishable by no more than 4 years of imprisonment and a fine not to exceed $5,000. This offense includes hiding marijuana on a child or otherwise directing a child to assist in a marijuana sale.

• New York Pen. Code §70 
• New York Pen. Code §80 
• New York Pen. Code §220.28
• New York Pen. Code §221 

Cultivation

* On March 31, Governor Andrew Cuomo signed The "Marijuana Regulation and Taxation Act" (MRTA) into law. Separate provisions for permitting the home cultivation of up to six cannabis plants per person (3 mature and 3 immature) and/or up to 12 plants per household (6 mature/6 immature) will take effect in 2022.

Growing over 6 (12 per household) cannabis plants is a class A misdemeanor and is punishable by up to 1 year of imprisonment and/or a fine of up to $1000.

*A person who cultivates marijuana in excess of 3 ounces of marijuana is also “possessing” marijuana under current case law. Parmeter v. Feinberg affirms the state’s ability to charge a person with the crime of “cultivation” and “possession” any time a person is caught growing marijuana. This means the more marijuana a person cultivates, the more severe the degree of possession the state can charge.”

Hash & Concentrates

* On March 31, Governor Andrew Cuomo signed The "Marijuana Regulation and Taxation Act" (MRTA) into law. Provisions in the law legalizing the personal possession of up to 24 grams of concentrates for those ages 21 and older took immediate effect.

The term ‘Marihuana’ as used in the New York Criminal Code is defined as including both plant-form Marihuana and Concentrated Cannabis. Marihuana is listed as a Schedule 1 drug on the New York Controlled Substances Schedule. Concentrated Cannabis is defined as the separated resin of the Cannabis plant, whether purified or raw, or any mixture or preparation containing at least 2.5% THC. Unlike most other states, New York uses the term Tetrahydrocannabinols exclusively to refer to synthetic cannabinoids, not Concentrates. New York does not apply its Marihuana decriminalization law to Concentrated Cannabis. There is no explicit justification for this in the statute, but specific penalties for offenses involving Concentrated Cannabis are separated from those involving plant-form Marihuana and the distinction is noted in caselaw.

Possession of up to 24 grams of concentrated cannabis is legal in New York.

Possession of more than 24 grams but less than 5 ounces of concentrated cannabis is a violation, punishable by a fine up to $150.

Possession of 5 ounces to 2 pounds of concentrated cannabis is a misdemeanor and punishable by imprisonment of 1 year and a fine of no more than $1,000. Possession of 2 – 4 pounds of Concentrated Cannabis is a felony, punishable by up to 4 years imprisonment and a fine of no more than $5,000. Possession of over 4 pounds of concentrated cannabis is a felony punishable by up to 7 years imprisonment and a fine of up to $5,000. 

The presence of any controlled substance in an automobile creates a presumption of knowing possession for all occupants of the vehicle. This principle does not apply if the controlled substance is on the person of one of the passengers and the substance is hidden from the view of other passengers.

The presence of Marihuana (including Concentrated Cannabis) in open view in a room, other than a public place, under circumstances that evince an intent to manufacture, package, or otherwise prepare the Marihuana for sale gives rise to a presumption of knowing possession for all those in close proximity to the Marihuana at the time it is found.

• New York Pen. Code §220.25

The sale of under 24 grams of Concentrated Cannabis is a violation, punishable by a fine up to $250. Sale of more than 24 grams is a misdemeanor punishable by up to 1 year imprisonment and a fine up to $1,000.

• New York Pen. Code §222.45
• New York Pen. Code §222.50

Sale of any amount of Concentrated Cannabis on a school bus, on the grounds of a child day care or educational facility, or in a publicly accessible area within 1000 feet of the real property line of such a facility is a class B Felony subject to no more than 25 years imprisonment and a fine not to exceed $30,000.

• New York Pen. Code §220.44 

Sale of any amount of Concentrated Cannabis by a person 21 years old or more to a person 17 years old or younger is a class B Felony subject to no more than 25 years imprisonment and a fine not to exceed $30,000.

• New York Pen. Code §220.48

Paraphernalia

Possession of marijuana paraphernalia is legal.

• New York Pen. Code §220.05

Forfeiture

If convicted of a felony offense the following may be forfeited, unless the forfeiture would be disproportionate from what the defendant gained from the offense: the proceeds from the offense, instruments used in the offense (including a car).

• New York Pen. Code §480.05