1. The Laws of New York
  2. Consolidated Laws
  3. Penal
  4. Part 3: Specific Offenses
  5. Title M: Offenses Against Public Health and Morals
  6. Article 221: Offenses Involving Marihuana


Section 221.35 Criminal sale of marihuana in the fifth degree

Penal (PEN)

  A person is guilty of criminal sale of marihuana in the fifth degree when he knowingly and unlawfully sells, 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 marihuana.

  Criminal sale of marihuana in the fifth degree is a class B misdemeanor.