NY Penal Law 221.10 – Criminal possession of marijuana in the fifth degree.

Criminal possession of marijuana in the fifth degree.

A person is guilty of criminal possession of marijuana in the fifth degree when he knowingly and unlawfully possesses:

1. marijuana in a public place, as defined in section 240.00 of this chapter, and such marijuana is burning or open to public view; or

2. one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams.

Criminal possession of marijuana in the fifth degree is a class B misdemeanor.